Do They Know It's Christmas Time At All?

by Alison Myers-Ward

I’m blogging this, Slavetothetaxman, rather than adding a comment, as others might find this helpful too – I hope. Here’s what I would do. I’d write a stern letter to HMRC and quote their own responsibilities back to them. Here’s what HMRC say these are:

HM Revenue and Customs should:

• Give correct advice
• Record and use information accurately
• Correct errors notified by claimant
• Update reported changes in circumstances within 30 days

So I’d go back to the letter where HMRC admit their mistake and quote the words they’ve used and give the date of the letter so they can verify if themselves, as they are a tad daft when it comes to reviewing cases. Evidently somewhere along the line they have messed up on at least one of the above. I would quote the sentence or sentences which apply to them.

While doing this, I’d also take a look at all the data I’d been sent in response to my Subject Access Request (see www.TaxCC.org dispute pack for details) and cite every separate instance I was now aware of in which HMRC failed to meet their responsibilities to me.

After soothing the pain in my newly writers-cramped fingers, I would next study the responsibilities HMRC sets out for its claimants (retrospectively, of course – these people aren’t entirely stupid):

The main responsibilities for the claimant (from 1 February 2008) are to:

• Give accurate, complete and up to date information
• Report changes in circumstances
• Use the checklist to check every award notice
• Tell HMRC of errors in an award notice within 1 month
• Check that amounts received agree with the award notice

Then I would cite every example I can identify of my being fully honest and compliant. Did my income change? My couple status? Did I have a baby? Claim DLA? If something changed and I reported this, I’d flag up in a similar way to the above how I had met my responsibilities. If by any chance I failed to meet a responsibility, I’d consider why that was. Am I evil and corrupt? Well, my children think I am at times, but actually, no. So why didn’t I do this? If, for example, I didn’t do it because it wasn’t intuitive and HMRC never told me I had to, or told me I had to do something different – why, that would mean that HMRC failed to ‘give correct advice’, wouldn’t it?

Once I’d written this letter, I’d ‘cc’ it to the world and her husband. So at the very least, that’s my elected MP, and (the amazing) Paula Dean at Tax Credit Casualties. However, it could also be copied to Stephen Timms, Financial Secretary to the Treasury who apparently oversees tax credits, and any representatives I had from organizations such as CAB, Tax Aid, LITRG, CPAG, One Parent Families, my Trade Union Welfare department, etc. Oh yes, a newspaper journalist might also be interested, so I’d copy my current favourite in for good measure.

Bullies of the HMRC kind prefer to beat people up in dark alleys – they don’t relish doing it under the watchful eye of the News of the World or Sunday Times. In my experience, brave folk who are happy to talk to a reporter often get the speediest resolution to their case ever to be seen.

Good luck. Justice may yet prevail.

Do they know it’s Christmas time at all?

www.TaxCC.org

Criminals Are Treated Better Than This!

by Slavetothetaxman

I have been fighting HMRC for over 4 years!! They sent me a letter stating they were sorry but they had mis-calculated our award and that it was their fault but we must pay back more than £6,400.00!! I have repeatedly asked them to explain how this happened but they won't. There is no way we can pay this back. What can we do if they have admitted it was their fault but won't stick to what the government promised, that if it is their fault we won't have to pay it back? Can we take action against them for changing their mind? Their code of practice states that if you can prove it was their fault and that you believed the calculations were correct you don't have to pay the money back, but they have gone against their own code of practice so now what? We have almost had a breakdown over this but we have to pay for their mistakes!! Where do I turn to? I have done everything I can to get this written off but they keep sending the same mindless letters out stating I haven’t provided any new information. I know that because they made the mistake not me!! Criminals are treated better than this!

www.TaxCC.org

"A Very Merry Christmas!" from HMRC

by Fiona Morrison

Well, I'm sure most of you have been through very similar. I reached a point today where I felt close to despair so went searching for people in a similar situation and found you guys and a lovely group on facebook too. It has helped me feel better already.

I have always been honest with the Tax Credits people - I believe it's the best way to be but I am wondering if it's made my situation worse. I had trundled along with the odd correction here and there and had paid back various 'miscalculations' over the years as my partner at the time was self-employed. Par for the course I thought. So, when my partner and I split up I let them know and thought - great, plain sailing from here.

Not true. I let them know the day he left. They told me I hadn't let them know till three days AFTER he left. I had to ring them to chase some promised paperwork you see. These three days, they later tell me, caused an overpayment of around £450. For 3 days I asked? Well, not actually true was the eventual answer I got - but due to the nature of the payments (two weeks in arrears and two weeks in advance) it meant that the payment I had received needed clawing back by them. Why didn't they say that in the first place? And why hadn't they noted the information the first time I told them? Their word against mine. So, I queried it and they said no dice. Pay us back!

In July 2007 they pay me an additional £700 odd quid days after my normal payment. I ring them the day I received the payment telling them that surely this MUST be a mistake. They say no it's not a mistake. I say, are you sure coz I don't want you asking for it back later. We are sure madam, you will not be asked for this back.

Christmas 2007 they ask for it back, and some more thrown on top for good measure.

I have pointed this out to them, they know I called them the day that payment went out but it seems to have made no difference whatsoever! My partner and I had a brief try at our relationship again but split after only a few months causing more changes. Guess what? You got it - apparently I owe them even more money. Some of it is a joint liability for myself and my ex. Have you contacted him I said. Yes madam we have contacted him. Today, they send a letter to him addressed here. I am guessing that they have NOT contacted him before now as they clearly do NOT have his address on their system. A bare-faced lie from someone? One of various over the years? Do they actually provide standardised training on their system to their staff? I tried about a month ago to dispute their claim again. I was told no dice, unless I had new information and that I had no right to appeal. Is that even legal????? So, I have decided, I am going to my MP in an attempt to kick up a fuss.

This is the second Christmas in a row they have asked me for a huge sum (last Christmas it was £1000, this year it's nearly £1500).

It concerns me that I am in this situation when all I have done is do what they have asked. The system is clearly not working. Although I have, and still do on occasion, feel close to despair, I am not going to lie down and take this. This system was set up to help us. Causing stress and increasing financial hardship is not help by anyone's definition.

I will update you as I progress my case. It's hard to find the strength sometimes as it really wears ya down (as I am sure you all know only too well!) but I'll be damned if I let this rubbish system get the better of me!

www.TaxCC.org