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katharine
Rank; Hector Tax Inspector
1 Posts |
 Posted - 08/04/2008 : 11:59:44
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this isn't about overpaying, so this might not be the right place. We are nearly at the end of the three month backdating period. they sent us five forms, only one arrive. we sent it back, they say they dont have it. they gave us numbers and addresses of places that can not help us. there seems to be no place we can go to and speak face to face- and no one will talk to me on the phone, because its in my boyfriends name, even though i am on his claim and his carer.
he went back to work through the shaw trust, they didnt tell him until a few weeks in who he had to call to get the form.
he spoke to tax credits today, the first time they said he failed the security check, even though the detales he gave were correct. the second time, it appears that someone has changed the address on their computer- so they have the wrong address, but they will not talk to him about it. he's just gone down to shaw trust to see if anyone there can help him. but i doubt they can. does anyone know if there is anywhere we can go, with id, and talk to them face to face? or what legal recorse we have?
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Sarah
Rank; Captain Gordon
247 Posts |
Posted - 08/04/2008 : 12:49:58
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Hi Katharine,
I don't know about face to face unless you have a local tax office who may be able to help, so your partner may need to write in to correct the address and he could nominate you as his representative at the same time. Not clear on whether this is a joint claim (in which case HMRC should happily speak to either of you) or if you are named on his claim as carer only. If you do write in make sure you send the letter by recorded delivery. Sorry that I cannot help further on this. |
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Red Rocket
Rank; Captain Gordon
United Kingdom
223 Posts |
Posted - 08/04/2008 : 19:58:18
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Hi Katherine
This all sounds very typical of the TCO, basically they are in a complete mess. Like Sarah advised write to them, but make sure you send recorded delivery, and then wait and wait and wait. I would also contact your local tax office and make an appointment immediatly it is just about the only chance you will have for a face to face,you can prove who you are and they do have access to parts of the system, they can sometimes help. Legally HMRC don't seem to have the law applied to them in anyway.
If you feel strongly about it you could try the local press, HMRC don't like the publicity and given that your partner is disabled its the sort of angle that the press may pick up on.
MOST IMPORTANTLY keep a note of every phone call and communication you make, keep everything they send you, if you speak on the phone try to get a name and section number that the person works in (they won't always give it), and make notes of the conversation.
Try your local CAB office also.
Don't give up, but don't expect a solution overnight. Keep a very close eye on payments into your partners account, eg if they suddenly stop or increase.
I don't want to worry you but If they have the wrong address, they may suddenly have the wrong bank account number.
Hopefully others will be along soon who can help, do spend sometime looking at other posts and use the search facility to find old posts that might be useful.
Good Luck
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 09/04/2008 : 06:06:07
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Hi Katharine, and sorry that whilst you don't have an overpayment, you are nevertheless still at HMRC's mercy waiting for your boyfriend's tax credit income. It's very much a case of heads HMRC win, tails we lose. On the one hand, claimants are being threatened and persecuted for alleged overpayments, with HMRC working flat out to snatch money (although far slower to provide answers as to how and why the overpayment arose). On the other, HMRC have all the time in the world when it comes to paying out money, or giving back money illegally recovered against overpayments that never were, or were unrecoverable.
Sadly you are stuck in slow-motion land, and you will need leverage from elsewhere. I don't know much about the Shaw Trust, but I believe they support people with disabilities to find and maintain work, and their website suggests that part of this is helping people access the right benefits? Does your boyfriend have a supported employment advisor or job coach (sorry, but the right terminology escapes me at the moment)? If so, they will almost certainly either be able to intervene directly or know of someone who can. Then there is the Citizens Advice Bureau. The Low Incomes Tax Reform Group could also help - if your boyfriend is on a modest income. His local MP should also be able to fire off some stern letters.
Does your boyfriend have any input from health or social services, because sometimes CPNs, Community Nurses and Social Workers will have access to Welfare Benefits Advisors? If he has any package of support from his Local Authority, he will almost certainly have been given a 'Fairer Charging assessment' of his income, outgoings and means, and whilst this is primarily intended so that a service charge can be made towards support/care costs, those carrying out the assessment commonly have knowledge of the benefits - and to some extent tax credit - system and should be looking to maximise the person's income (the idea being that the individual receives more, and can be charged more, but usually comes out better off overall). If this has happened, contact them again and ask for help chasing the Tax Credit Office. Some Advisors are better than others, and will go that extra mile to make sure the person they have assessed has their full entitlement and is significantly better off as a result.
I would imagine that the Shaw Trust would have links to other organisations able to help, too.
And then there is always the local and national press, who like a human interest story, particularly if it concerns a deserving person with a disability doing their utmost to get on in life, but battered down by an uncaring bureaucracy. Journalists these days are more disability-aware and shouldn't oversensationalise any story you give them. If you do decide to 'go public', give the paper a brief of what you want them to do and how you want them to handle it, and I am sure they will oblige.
Good luck! Persistence is key with HMRC. They are not supporters of the Underdog and it's amazing what a little bit of resistance and assertiveness can do They go after easy targets for recovery, and ignore the undemanding when it comes to paying out. Remember - the squeaky wheel gets the grease!
Morpheus: … as long as there is a single breath in his body he'll never give up… and neither can we.
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lack of payment, lack of communication
