Well, well, well.

I've had the compliance checks before but this time is different. Before when I had letters they asked for specific information to be sent to them. This time the letter repeatedly refers to me having a partner, states that they know that some people don't tell them about a partner, and if I declare it now, then they won't charge me a penalty.

I don't like this at all. I've no problem with the claim being checked or indeed with them asking for information; it's their absolute right to check the validity of a claim. What I don't like is the manner in which the letter is written, it's more or less an outright accusation and them trying to bargain with me by telling me that I won't be charged a penalty if I confess now.

Last time I checked, they were not supposed to make accusations or bargains like that without evidence of a partnership (like they would have at an IUC) - and there isn't any evidence that they could possibly have, because I have no partner, nobody else lives here other than the children, all bills, rent, utilities, council tax etc in my name. Childcare contract - my name. Contact for kids at school - my name. Bank accounts - my name. Which, incidently they have seen several times previously with former compliance checks.

The worst thing is that I reported a change of circs a few weeks back which should have resulted in a drop in the award and they did nothing about it. I had to chase them to get them to reduce my payments which they still haven't done, though they ensure me that they do have records of me making the call reporting the change. Knowing what I do about benefits/tax credit I am extremely vigilant about reporting each and every change of circs as and when they occur.

What's more is they also want me to phone them to discuss it. I don't bloody think so. For an accusation so serious, if they want to discuss it, they can discuss it in writing or at a taped IUC. Going to ring them tomorrow and express exactly that, as well as write a letter of complaint about the wording of the letter - if indeed it has come from them at all.

Could have been sent in error? Is there a history of malicious complaints here? I had a friend who was the victim of regular malicious allegations and eventually the DWP took them as such and ignored them. You would think they would use some common sense. I would agree that the letter itself merits a complaint.

Perhaps thier using the crystal ball they used for me several years ago, I had a visit from compliance, the result of which was that i was living with my landlady as husband and wife.

The basis of this conclusion was because we sometimes shared meals and sometimes went to the pub together with friends, I appealed and the "lady" who made the decision was ordered to attend, The appeal lasted 30 seconds and the telling off the "lady" recieved lasted 10 minutes and was worth all the hassle:lol:.

Within a week of the appeal i did get together with my landlady for 8 happy years.

No use to you, but it still makes me smile so i thought i'd share.

Hello Erika, I'm so sorry this is happening to you. We're all here to support you, but with your knowledge of the system, I think they've picked on the wrong person here.

HB xx

Erika,

I here your the girl with a good idea of the benifits.

This situation your in you will blast them inside out, go girl give them some stick.

Did you get round to ringing them regarding the letter?. Which department is it from, main office or a seperate one. Maybe just be a random letter sent out to all single claims, as i know in the past they have sent a batch of letters out for people to check their claims.

I'm wondering if this is a very poor DWP attempt at reverse psychology.... meaning, if they accuse you without proof, the "guilty" may just flap enough to come off Benefits altogether. DWP have tended to lean towards treating claimants as guilty before being proved innocent for years.... although Compliance normally hints at them not having enough/any evidence to run with.

In this case, it's not DWP - it's HMRC. I made contact with them, having confirmed the letter was genuine. The person I spoke with (who was absolutely lovely), stated that it was just a random check. I asked why the letter was accusotory in manner if it was just a random check and was advised that it is just a standard letter. I put it to them that the manner in which the letter comes across to a claimant is not what I would consider appropriate as it insinuates the claimant is commiting fraud which in my view is an unacceptable format for a letter to take where the intention is simply to check the accuracy of claims selected at random and prompted her to elaborate on whether any accusation had indeed been made. She reiterated that it was a standard letter sent out to thousands of claimants selected at random. I answered their questions, she said my claim was fine and that was it - nothing to worry about, or so it seems.

But I am far from satisfied still about the letter content. If it is a random accuracy check then I believe that they have issued the wrong letter. It's not the usual "we are looking at your claim, can you please supply x, y and z". It's "We know people don't declare partners, if you phone us and put your claim right now, we will not charge you a penalty" - that in my view insinuates that HMRC have suggestion of or evidence of a failure to declare, but not enough to stop a claim. They only bargain with people ("we won't charge you a penalty if you tell us now") when they need something from that person to go forward - either for the claimant to state something to incriminate themselves, or a full confession. Sorry to dissapoint, but as I am not living with a partner, and as I have previously told HMRC about the relationship I do have, there is nothing to confess.

So, I am submitting a SAR because frankly I don't accept that it is a random check. I believe that someone has made an allegation and, if they have then I want to know about it. I don't have a right to know who made the allegation if they want to remain anon but I do have a right to know if one has been made. If I find no indication of an allegation made and no indication of a referral to compliance from HMRC staff, then I shall be taking matters further in respect of the letter content, because it is far from acceptable for a simple accuracy check. Any reasonable person would not consider it acceptable to point the finger at someone, insinuating that they are commiting fraud on the sole basis that they are single. That isn't checking the accuracy of a claim - that's a false accusation without just cause. If there is an allegation or a referral within my papers, I will write and ask why I was not informed of this when I specifically asked.

I don't hold out much hope of actually getting anywhere, though. My experience tells me that whilst DWP can be a nightmare to get to admit wrongdoing, and will hold firm, they will eventually back down when challenged and proven to have been acting erroneously, but HMRC are in general far harder to deal with - they don't respond well to challenge. Even when proven wrong, they still don't appear to want to take any sort of responsibility and do not appear to have the word "sorry" within their vocabulary.

We'll just have to wait and see. I'm not going to say too much more about my particular case at the moment because until I get that big paper bundle, I don't know just how far I'll be looking to take this. There are also issues with a certain person in my life who may well have made a false allegation against me, and if that is the case I may be looking to take action against that person as part of an ongoing saga.

I still think it may be a similar reverse psychology tactic.... as people on Tax Credits (for example) do sometimes live together hoping no-one will realise. I know of one friend who's doing this at the moment and if she got a letter like yours, she'd pee herself and stop the claim.

The way the letter's worded could be quite a powerful deterrent to some people because co-habiting is very hard for HMRC to monitor but I'd be annoyed at receiving a letter like that myself, so do understand where you're coming from.

Could well be the case. Priority1. They can't accuse someone of commiting fraud simply because they are claiming CTC as a single parent - but that's just it. The letter is not a direct accusation, it's an indirect (or implied) accusation which means that they might be staying (only just) on the right side of the line.

There was much more to the phonecall than I'll go into at the moment (at least until I have my papers) but let's just say though the lady was lovely (truely - she had a very nice manner), from the suggestions she made and her reactions to my statements, she was clearly unprepared for dealing with someone with a knowledge of the relevant legislation and tax credits guidance manuals.

Hi Erika, it is a real shame that you are being targetted. I have been wondering, is it just possible that someone has given your personal details from the CAG site to HMRC as they will not like people whom offer support to others. I am unsure of the confidentiality of information that CAG holds on members, but know that most authorities don't like people whom not only stand up for their own rights, but also provide good information for others too. Just a thought.

So in effect, if the authorities asked for your email address or any other information about you, could it given to them by someone else in order that they could 'track you down' to give you a rough time?

It's near to impossible for that to be the case, redrum.

hi erica, i have today received the same letter............blind panic thats all i can say, feel like ive done something wrong, even though to my knowledge i havent.............random letter??......x

I'm so relieved after reading the above that I'm not alone.... I too have received one of these awful letters! I have mixed feelings about it, on the one hand I have been worried sick that someone may have made an allegation against me and I am now under some kind of investigation and on the other hand I am so angry about the content and tone of the letter, I could kill! As far as I'm aware, I have done nothing wrong and given the ammount of problems I have had with Tax Credits over the last few years I really do feel as though this letter is adding insult to injury! As if I don't feel bad enough still being single after 4 years, I now have HMRC accusing me of lying about it! I don't have the time to find a partner, let alone build up some sort of meaningful relationship!!! x

Dear Erika,

Thank you for raising this up on this website. I am new here and read some threads with interest.

Any further news on this subject from you?

I received this letter last week, unpleasant. I find myself relying on working tax credit just about for 1 year after the divorce. Before my ex was managing our joint claim (which is now apparently is a huge tax overpayment but it is a different subject altogether!) I have a live-in aupair (lady) living with me, who helps looking after kids. I received this letter two weeks after finding a perfect lodger for us, which is tricky as we have small place. The lodger moved in for 2 month (hope he stays longer as helps with bills). There is a new legislation I believe which allows £4,250 per annum tax free, I did not made Tax office made aware about the lodger and now I feel that I am doing it because of the letter they have sent to me. If they assume if this young graduate is my partner this is just funny! But who knows, maybe they think, that either my au pair or this 24 y o with his first job from Greece in London is my partner! I somehow think his appearance was too close to trigger this. Generally speaking, do you have to report a lodger even, if they count £4,250pa outside the tax? If you have a moment to reply - this will be greatly appreciated. Kind regards, KW