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kimlisa
Rank; Hector Tax Inspector
5 Posts |
 Posted - 14/03/2008 : 01:18:17
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Stumbled across this site so I thought I would tell you my story.
Have experienced a nightmare with tax credit from day one, I now know none it was down to my error. I have been left allegedly owing £19,670 yes over 19,000 pounds. I have received over 60 different award notices, all with different figures on them. Missing out a large part of the story as there is just too much, it culminated in the break up of my marriage after 21 years, and when they sent me an enforcement notice in November for the full amount of money, I had a complete breakdown and tried to commit suicide. I am still on anti-depressants now because of the trauma.
I never received even half this amount of money, and all the errors stemmed from the original claim. When I asked for a copy of the claim form via my mp, to prove I had not lied on it, they wrote back to say it could not be traced !!!
After involving my MP, I wrote a letter of complaint under COP26 I think, and went through each mistake and copied every award letter I had ever received and sent the whole lot off to them. Yesterday I received a letter, they have admitted all of it was their mistake, some down to an IT error, but they have written off the entire amount. They also admitted each subsequent year I gave them the correct information, they worked out my claim on the preceding years information which they knew was wrong.
All started at 2003/04 when despite giving full income details, details of a disablement benefit I receive, and sending in p60's to prove income, just to be on the safe side, I found that my income was recorded ok, my husbands was nil but shown working 40 hours per week ( he has never earned nil and I didn't put that on the form) and my daughter was apparently in receipt of higher rate DLA according to them, but that was not the case. I got dla at that time but the lower rate care component, a big difference. They also missed off my middle son aged 13 at the time, completely, and missed out the childcare I was claiming for.
This initial claim took 6 months to sort out, it went to my mp to get finalised and when it did, I never received an award notice, just a massive lump sum paid into my bank which I queried, and was told it was right. Continued to query, same answer.
2004/05, adjustment was finally made, we were not entitled to wtc only ctc, but they continued to pay us for part of the year, despite us telling them all their details were wrong, putting it in writing, involving my mp again, getting them to intervene. They claimed I was paid double the amount of money I had actually received, had to obtain copies of all bank statements to prove I hadnt received 2,000 they said I had.
2005/06 payments made through my employer for WTC but they know I am not entitled to wtc, I also know it, ring them and tell them, they continue to pay me so I put the money aside.
For each of the overpayments, I have disputed the amount they say they have paid as the figures are all incorrect, and have gone back to 2003 bank statements to prove the figures. Its been hellish.
2007, separate from my husband because of the stress, I work part time, earn just over 13k pa, know I am entitled to something but too scared to claim.
I was getting ready to sell my house to pay this overpayment which all snowballed from 2003/04. To have received the letter yesterday saying they are not going to ask me to pay back the money is unbelievable, I keep reading it over and over and have asked my mp to check to see if it really is true.
I am thinking about claiming compensation, but I am just too worried in case they decide to reverse their decision about the overpayment.
Tax credits have ruined my life.
Kim
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 14/03/2008 : 09:18:39
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Hi Kim,
I am so sorry that tax credits have caused you so much misery and heartache. If you felt able to share your story with others, that would be terrific. Fancy emailing me at: ali@taxcreditcasualties.org.uk ? I notice you are quite local...
Take care,
Ali.
Morpheus: Welcome to the real world.
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kimlisa
Rank; Hector Tax Inspector
5 Posts |
Posted - 14/03/2008 : 11:17:12
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Hi Ali
yes I am in Southampton and I would be happy to share my story with anyone. Its been going on now since 2003 so there is so much to cram in but I would be happy to condense it. The HMRC basically called me a liar and suggested by claim was fraudulent but when I invited them to open up a police invesitgation as I knew I had nothing to hide, they backed down.
The thing that has upset me most was the supposed loss of my original claim form . I know these are scanned electronically but I have a letter from them to my MP saying that no record of the claim could be found. As recently as October I had a letter to say that a small number of claims had been handled incorrectly and mine was one of them and they were looking at it again in detail. They contradicted themselves by saying they were looking at my claim again, so they must have had the original information which they had earlier told me they had lost.
In a letter to HMRC I complained that I had reason to believe I was being deliberately mislead, and every letter I ever wrote to them, I copied it to Channel 4, every broadsheet and red top newspaper, my local MP, Gordon Brown and Dawn Primarolo.
They only seemed to backtrack when this contradiction over the original claimform was pointed out...basically they got caught out lying !
I will gladly email you with the fuller picture, at work at the moment
Kim
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 14/03/2008 : 14:44:24
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Welcome Kim
I'm so very sorry to hear about your troubles. We have long suspected that the Tax Credits Fiasco would at some point push someone over the edge and now it seems we have our proof.
Congratulations for catching the lying cheating barstewards out though and for offering to tell your story, it's very useful ammunition.
I feel that you should investigate the possibility of suing HMRC for all your distress & suffering.
Traditionally, HMRC could not be sued, but I believe there has recently been a test case that reversed this - and not before time!
Apathy rules OK - so why do I bother? |
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kimlisa
Rank; Hector Tax Inspector
5 Posts |
Posted - 15/03/2008 : 11:47:05
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Hi Alan
I can only think it was catching them out regarding the missing claim form that has prompted this turn around. They were ready to send in an enforcement officer on in December, but no mention was ever made of court proceedings. I though enforcement couldnt be administered unless a court hearing had been held.
I'm no legal expert but that's what I thought needed to happen.
In all honesty I was never hopeful I would ever get part of it resolved, let alone all of it written off. I am astonished, because its such a huge amount of money. The have admitted each year of overpayment was their fault but at no point have they apologised.
Once I have an apology, then I will look into compensation. According to the Adjucicator's website, compensation seems to be awarded once the Adjudicator is involved. That would have been my next step, according to my MP but luckily I haven't had to go there.
I'll keep you updated as to what happens next.
It goes to show when it seems absolutely hopeless, and my case was beyond hopeless at one point it seemed. My local money advice charity SARC which deals with benefit and debt problems looked at the amount of paperwork and sheer number of award notices and various letters all with conflicting amounts on them and said, 'I don't think we have the expertise to help you, this one is the most complicated we have seen'.
I felt that no one could help so I took the bull by the horns and wrote a 3 page letter detailing where I felt the mistakes had occurred and told them we had challenged the amounts we were being paid but they were never sorted out. I couldn't possibly have done the calculations and it would have been completely unreasonable to expect me to do so.
The whole complaint hinged on the fact I gave them the right information at the right times, they cocked it up and tried to hold me responsible.
Kim |
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Alan the Geordie
Da Purple one
2787 Posts |
Posted - 15/03/2008 : 16:48:21
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Hi Kim
>>Once I have an apology, then I will look into compensation. According to the Adjucicator's website, compensation seems to be awarded once the Adjudicator is involved...<<
Yes, but HMRC's idea of compensation is about £100 - that's what I got anyway.
That was in the days before a bloke took them to court with a test case and won, opening the gates for others to do the same and sue them.
I would suggest you ask a solicitor - try to find one that doesn't charge for advice though.
Don't forget that you are entitled to claim the costs of postage, stationery & telephone calls etc. - it's in HMRC's own rules!
Your last paragraph "The whole complaint hinged on the fact I gave them the right information at the right times, they cocked it up and tried to hold me responsible." was the same for me - and probably everyone else here too!
Very well done, good luck and please stay with us.
Apathy rules OK - so why do I bother? |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 16/03/2008 : 00:02:23
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Yes, good luck, Kim,and thanks for getting in touch!
Morpheus: Welcome to the real world.
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Rowan
Rank; Hector Tax Inspector
36 Posts |
Posted - 16/03/2008 : 11:52:48
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The overpayments group avoid writing off an overpayment at all costs so if they have agreed to write it off I expect thats the end of it (keep the letter of course, its a great comfort having statements in writing, even if you have contradictory ones!)
Yes 100 is the standard compensation fee. My husband got 100 for administration costs and was also promised an unnamed sum which he was told 'you didnt actually expect us to pay what was promised did you' from the helpline - but an additional, larger sum was implied. When they write off a sum they usually promise to return anything that was wrongly reclaimed but as far as i am aware they don't actually follow that through. I would definately chase that, I am trying to find the time to do so myself.
I absolutely sympathise with your situation. My husband has also been plauged by HMRC errors since 2003 (since before I married him) and combined with ill health he has also been pushed to the edge on a frequent basis.
Hang in there and don't let them get away with any of it! |
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franners
Rank; Hector Tax Inspector
United Kingdom
40 Posts |
Posted - 28/03/2008 : 10:41:20
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| Kim Your story is terrible but it shows the nightmare that people are put through without any consideration or thought by HMRC. The £2181 that the tax credits are trying to recover from my 04 payments has caused me many sleepless nights and much heartache . I can only imagine the relief and anger you must feel from them backing off over such a huge amount. It makes me furious on your behalf. |
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I wish I knew about this site a few years ago
