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Would it be possible to clarify if HMRC or the DWP have contacted my bank using this the RIP ACT. If they have, would there be anything I could do to protect my rights legally. I have recently established HMRC appear to be investigating me. I have a complaint in with the HMRC adjudicator currently, it seems as a result of my complaints escalation they have taken this ridiculous attitude towards trying to find dirt on me. I have legal issues with hmrc. any help or advice much appreciated

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I suspect neither the Bank or anyone acting under investigatory powers is required to tell you.

 

No doubt if you claimed any benefits through DWP, you agreed to DWP being able to investigate you by carrying out any financial checks including your Bank. But before they would contact Banks, this would require authorisation at a senior level. I doubt they routinely contact Banks and instead ask claimants for Bank statements.

 

HMRC will also be able to access financial records, but this would i am sure go through an authorisation process.

 

The Civil Service staff you are dealing with will have strict rules they operate under. If you think any Civil Servant has breached any rules, then make a complaint using their complaints process. If necessary involve your local MP, as they can refer complaints to the Parliamentary Ombudsman if appropriate.

 

Banks have units that deal with HMRC, DWP, Police and they know what authorisation is needed before they release information. It is not your high street branch that deals with them. It is a very high level unit that knows all of the legal compliance rules ln releasing information.

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many thanks for the reply

 

It is not a criminal matter for them to investigate therefore would not be any kind of restricted process, I have not committed any kind of offense, nor have i been notified of it venturing into criminal territory i am sure due diligence would require them to notify the consumer. The MPs where i live are corrupt and useless, and the parliamentary ombudsman service I have used in the past have proved to be an utter waste of time, they are not impartial as they claim, and I would go as far as to state not fit for purpose, and a waste of public money.

 

reading some other posts they seem to use the welfare reform act as an excuse to request access to peoples personal data. I have reservations about the charter of fundamental rights under ec law been complied with, in my exchanges with the hmrc, i have proof they have breached confidentiality. one of many reasons why i took it through the adjudicator.

 

my understanding of the IPA is an abuse of delegated authority by the government agencies to delve into private affairs of consumers without legal and or just cause, and I am almost certain they would have to obtain those special permissions you refer to, but who would they come from exactly and on what premise would they delegated bodies , i have found the rip investigator when it is assumed the government abuse the powers conferred to it by unnecessarily/illegally (in my case) investigating people. do you know what the rip people do at all or any experience of them

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I will take a pass. Don't know enough.

 

If you read around online, people who come into contact with Government agences seem to believe there is a conspiracy against them, with data being obtained illegally or in ways which are not properly authorised etc. In most cases, i just doubt it is true or very difficult to prove.

 

If there is any issue of your data being accessed without appropriate legal authority, then you need to raise a Data Protection complaint. Ask the ICO what data you are entitled to receive from a request. E.g if you made a data request to HMRC would they have to confirm what personal financial data they have gained access to.

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The bank won't necessarily know the ins and outs of the investigation against you. In any event, due to the potential criminal offence of tipping off under the Proceeds of Crime Act 2002, they are unlikely to tell you anything in my view. They could be in trouble if they do.

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All I have established is its apparently something to do with income tax, I have committed no offence, and can only construe their activity against me as a direct result of my legal complaint against them. Literally trying to find dirt on me, I have not done anything wrong criminally, HMRC owe me a lot of money in rebates they have never resolved dating back some 4 years now. I understand the MLR Regs and POCA Act. Unless they have causation for doing what ever they are doing it has no legal merit the only grounds they would have for contacting various companies and or banking institutions would be on fraud grounds. Hiding behind the MLR is not an excuse to breach my fundamental rights, I can see me having to take legal action via the EC against the state if it continues.

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All I have established is its apparently something to do with income tax, I have committed no offence, and can only construe their activity against me as a direct result of my legal complaint against them. Literally trying to find dirt on me, I have not done anything wrong criminally, HMRC owe me a lot of money in rebates they have never resolved dating back some 4 years now. I understand the MLR Regs and POCA Act. Unless they have causation for doing what ever they are doing it has no legal merit the only grounds they would have for contacting various companies and or banking institutions would be on fraud grounds. Hiding behind the MLR is not an excuse to breach my fundamental rights, I can see me having to take legal action via the EC against the state if it continues.

 

Where is your proof that they are taking the actions you mention ?

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There's an exemption in the Data Protection Act for investigations relating to crime and taxation. You think HMRC have a vendetta against you, however there could have been something to give rise to a suspicion of fraud/tax evasion. Maybe your action prompted them to have a closer look, maybe it's a coincidence. I'm not sure that you'll ever find out.

 

If it is something to do with income tax and you haven't done anything wrong, there is a distinct possibility that HMRC's investigation may conclude that when all is said and done.

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