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richoneday
Rank; Hector Tax Inspector
3 Posts |
 Posted - 27/06/2008 : 14:45:08
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I dond't even know where to really begin with my problem. Last year in the midst of major family problems (husband not working and with nervous breakdown, flooded house, huge financial problems with court cases) I didn't send back my forms for Child Tax Credit. I did ring them at one point and say we'd been flooded and had lost paperwork but then didn't do anything about it. I then thought that as we had sold a house our income for the year would be considered too high to get CTC and so didn't send forms again. I now realise this was a big mistake anyway.
They are now claiming I owe them £4600 and after a conversation with someone on the phone she basically told me I wouldn't win an appeal even if I did one. I don't know what to do except cry - I don't know even if I owe this much, how to find out or whether I should be appealing even if I can't win. I keep burying my head in the sand but have now had a WArning of legal Proceedings notice. Just rang my CAB but the man sounded so pompous I don't think I can face going there and also my paperwork is all over the place. HELP please Should I just make them an offer to pay up? There's no way I have this money in one sum.
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Willow
Rank; Hector Tax Inspector
United Kingdom
56 Posts |
Posted - 27/06/2008 : 16:30:12
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| Hi there - I can'r help directly with your question but would say that you have found yourself in the right place for advice and guidance. Hang in there and others will be along who can really help. In the meantime, you and I could schedule some crying time and at least be in sync through the ether instead of feeling alone and wondering why no-one takes us seriously! x |
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TCC Webmaster
Da Purple one
Virgin Islands (United Kingdom)
129 Posts |
Posted - 27/06/2008 : 16:44:37
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Hiya richoneday ...
I'm sure that flood victims had some kind of special dispensation with HMRC - it came about because of TCC's involvement!
I've forwarded your post to Paula and Ali - they'll know more than me about it, and will be along later to offer their advice.....
Hang on in there .... |
Edited by - TCC Webmaster on 27/06/2008 16:45:18 |
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richoneday
Rank; Hector Tax Inspector
3 Posts |
Posted - 27/06/2008 : 16:48:44
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Thank you so much for your posts - just knowing that people are out there makes me feel better  |
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auntieh
Rank; Really should become a politician
United Kingdom
619 Posts |
Posted - 27/06/2008 : 20:25:35
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Hi there rich
Don't panic. I see the Webmaster has sent your posting on to Paula and Ali but just in case they are not able to get back to you straight away here's what I think you need to do as first steps.
Ring TCO and tell them you are disputing the overpayment. There is a difference between appealing and disputing, you need to do the latter. You can appeal later I think if it proves to be appropriate. Make sure you put your intention in writing also and send it recorded delivery. Go to the main website www.taxcc.org and click on the link to the left relating to getting court proceedings stopped. The fact that you are disputing should be enough to put any proceedings on on hold but to make sure also contact your MP as a matter or urgency and ask him/her to contact HMRC (there is a hotline for MPs and it is hot because they have to use it so much) as they will be able to get the proceedings stopped for you. They should also reqeust a detailed explanation of where the overpayment has come from. It is very important that you don't get as far as court because the judge will not be able to hear any evidence from you. HMRC will turn up with a certificate of debt and that will be that. The judge is not permitted to take anything you say into account.
You will need to make a request for copies of all the information held about you by HMRC, this is called a SARN request and again details of how to do this are on the main website. Don't expect a speedy reply but you will get the information eventually in the form of a thick bundle of documents that may appear meaningless but are nevertheless very relevant and they will help you to see what has happened. There are several people who log on here who can help you decipher these at the appropriate time. At some stage you will be able to explain why you are disputing the recovery of the overpayment, if indeed one exists, or make an appeal if it seems that your claim has not been dealt with correctly.
The Webmaster is right, there has been some dispensation agreed for flood victims and with your other difficulties HMRC ought to be adopting a far more sympathetic approach. This is something that it finds very hard, if not impossible, to do and it will need a lot of 'prompting' from you and your MP to make them hopefully see sense.
You might want to think about contacting your local press to see if they are interested in taking up your story, I do appreciate though that this is not easy for everybody so only do so if you feel comfortable about it, although someone recently, either Willow or Whitevanwoman I think, has managed to do this whilst remaining anonymous to readers of the paper.
Good luck and don't forget you are not alone. I have been disputing my overpayment for two years now and it is nowhere near being resolved. That suits me fine, hopefully I will be retired and very old and wrinkly before anything is resolved. Just think of the headlines when an old, wrinkly woman is sent to jail for non payment of a sum of money that is down to government error. Bring it on! Or we may have had a change of government by then and all these non claimant fault overpayments could be written of. That is what we are fighting for on here!
Keep in touch!
Auntie
"You can dress a pig in a suit but you can't stop it grunting" |
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whitevanwoman
Rank; Hector Tax Inspector
United Kingdom
65 Posts |
Posted - 27/06/2008 : 21:48:02
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I wish I could claim the credit for having had the courage to go to the press but it was Willow, however, I would be prepared to do so if necessary but I think I might be one of the lucky ones for whom after 3 years of errors, incompetence, negligence, misinformation, overpayment demands, stress, payments stopped, etc etc I have finally had a letter from HMRC admitting their own "technical error" was the cause of my problems. I had to involve my MP to get this though, together with medical evidence proving how badly their "technical error" had affected my health. I'm not convinced that it's plain sailing from here on though, having today received my claim renewal pack, only a week after getting my claim reinstated and backpayments received.
It is an inherently flawed process that punishes people who do not understand how their claims are calculated as HMRC does not give enough information for claimants to realise whether they are being overpaid or not and you must be feeling terrible, but take heart in the fact that by discovering this forum and www.taxcc.org, the light at the end of your long dark tunnel has now been switched on. It will be a long tunnel and that light may flicker from time to time but with each step you take along the dispute and appeal process that light will get stronger and we are all here to help and support you.
x
Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum
"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo) |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 27/06/2008 : 21:58:46
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I hope this will be of some help to you, Richoneday:
Flooding (Tax Help)
The Financial Secretary to the Treasury (Jane Kennedy): The Government have taken a series of steps to support individuals and communities affected by the recent flooding.
In addition to this, I want to ensure that people affected by flooding do not have to worry about tax and related issues at this difficult time and to make it easy for them to receive their tax credits. Individuals or businesses affected by the flooding should get in touch with HM Revenue and Customs (HMRC) who will be able to provide practical support and advice.
For example, HMRC will consider:
suspending collection of taxes and duties, or agreeing instalment arrangements where customers are unable to pay as a result of severe hardship;
practical arrangements where individuals and businesses have lost records in the flooding;
suspending debt collection proceedings; and
deferring and suspending compliance checks and investigations.
HMRC will not charge penalties where they are satisfied that customers have missed deadlines as a result of the flooding. In addition the Government will bring forward legislation in next year's Finance Bill which will allow the Commissioners of HM Revenue and Customs to waive interest and surcharges on tax paid late due to the floods. The Government propose to make this legislation retrospective from the date of this announcement. The Commissioners will exercise their discretionary powers not to collect such interest and surcharges in the interim.
HMRC will also support those who have difficulty sending in their tax credit renewals on time or notifying HMRC of any change in circumstances. Individuals affected by the floods should contact HMRC who will take steps to ensure that tax credits continue to be paid at the right level.
http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070726/wmstext/70726m0001.htm
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 27/06/2008 : 21:59:28
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No doubt you have all split your sides laughing over that empty old promise.
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 27/06/2008 : 22:04:49
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Fight, fight and don't give up! Just because HMRC pass the buck to you, it doesn't make anything your fault - in my experience, they will wangle out of anything and everything if they think they can get away with it. Like demanding £1500 from my sister and then , two letters later, having to 'fess up to getting it entirely wrong. They might have forced her to pay and it might never have shown up that they had messed up! Do fight this - it's worth it. Insist they follow policy and guidance. It's wrong to pretend to show claimants understanding and then punish them when they think they can get away with it. Please don't let them!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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whitevanwoman
Rank; Hector Tax Inspector
United Kingdom
65 Posts |
Posted - 27/06/2008 : 22:07:29
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Make sure your MP also knows about the promises made to flood victims - I know in theory they should, but the cynic in me suggests that there's no harm in printing out a copy of the document or relevant section that Ali has put a link to in her post above and including that with the information you give to your MP. Also include that document / information in any further correspondence you have with HMRC. You will probably also somehow need to get proof that you were flooded as HMRC adopts the view that whatever claimants tell them is not true unless there is concrete irrefutable evidence. Your council would probably be able to help with this I guess.
Instructions for life:
1.breathe in
2.breathe out
3.repeat ad infinitum
"Realise that if you have time to whine and complain about something then you have the time to do something about it" (Anthony d'Angelo) |
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 27/06/2008 : 22:20:20
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"You will probably also somehow need to get proof that you were flooded as HMRC adopts the view that whatever claimants tell them is not true unless there is concrete irrefutable evidence. Your council would probably be able to help with this I guess."
Your local paper will probably have good coverage of the extent of the flood damage locally; this might be a good place to start. Perhaps your paper might like to run a story showing a flashback to the time of the flooding and then highlighting your plight? Newspapers do like the 'human' angle, and it sounds as though you have lost out twice. No-one likes people to be kicked when down, and your story - unfortunately like so many - shows how tax credit problems can be the last straw. You might even find your GP or CPN will write something in support to send to HMRC too, concerning its toll on your health. Apparently, that should be taken into account, too (though it never seems to be). Shame them into sorting it out!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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Ali M-W
Da Tech(y ones)
3296 Posts |
Posted - 27/06/2008 : 22:22:47
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Can I just reiterate, when people go to their papers, how important it is to get "Tax Credit Casualties" and " www.taxCC.org " into the story somewhere? That way, not only can Casualties find us, but it sends strong signals to HMRC and the Lying Scotsman that we are a coherent user group now, and we will look after honest claimants and see justice done!
Trinity: The answer is out there… and it's looking for you, and it will find you if you want it to.
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richoneday
Rank; Hector Tax Inspector
3 Posts |
Posted - 02/07/2008 : 20:03:47
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Thank you all for taking the time to reply and for your pracrical suggestions. Sorry I haven't been back on before but to cap it all my broadband went down and I had a battle between BT and my broadband provider to deal with! I'm going to sit down tonight and get my letters written and will call my MP tomorrow too.
Once again thank you all so much your support means so much. I will try and post updates when I've got some news.
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PJD
Da Purple one
United Kingdom
269 Posts |
Posted - 04/07/2008 : 23:34:11
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hiya Rich, have emailed you, but can see that the gang have done a grand job while i catch up. please let us know how it goes, and don't hesitate to post or email with further questions or comments.
cheers
PJ |
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Where to start?
