Hi Molly,

Have you complained yet to the ICO about HMRC's failure to respond properly to the SAR ?

No. I started the process but literally the day that I was about to send the letter the thing from HMRC arrived.

It was a busy day and I didn't look at it in any detail.

And now having done so, I can see that they haven't responded to what I asked for.

I guess that's what I should do then?

I just fear HMRC are dragging it out until the new tax year.

Hi MW.

HMRC are not "dragging out until the new tax year". They are simply so bad now at dealing with individual issues, they'll do anything to get your case off their desk even if it means they're failing to deal with your issue or complaint properly.

Which office and department replied to you.

What did they say exactly in the letter including any apology, etc.

It was the SARS team who replied. It looks like a standard-issue print out to me and makes no reference to the specific information I requested.

Since I last posted, I have received a coding notice for the upcoming tax year.

According to this, my personal allowance of £11,850 has been reduced by £7086 to £4764 on account of the total that I allegedly owe which they state is £1417. Those numbers don't add up to me. But I have stopped expecting HMRC to behave reasonably or not make errors.

What I meant when I mentioned them 'dragging things out' was exactly this. That once the new tax year starts and this penalty is applied, it will start to affect me very seriously on a day to day basis and although I can continue fighting and try to get them to undo the decision, the effects of it will already be being felt, regardless of whether I eventually get it reversed.

What I really need to do in the first few months of the tax year is work as many hours as possible to build up some savings for the upcoming maternity leave (July) but it simply won't be worth my while doing this if it's all going to get taken away in tax.

Anyway, I've made my complaint, and I'm waiting to hear back.

Hi MW,

The £7,086 reduction of Personal Allowance will collect the tax they say is due - 7,086 @20% = £1,417.20.

You've not complained to the ICO as suggested so I doubt you'll get the recording of the call that you need to pursue this matter. You also didn't reply to the Q in para 2 of my last post.

I understand you have other priorities (a baby ) on the horizon but the truth is, you haven't chased this up as quickly as maybe you should.

It's now a bit late to get the tax code for 2018/19 changed and I still suspect the tax they say is owed is correct. To challenge the collection of this amount, you should probably have acted with more urgency.

You are totally right about the urgency. I find some energy to try and deal with the situation, but by the time I get a response from them, this has dissipated. But that's a poor excuse.

I have complained to the ICO and also my MP, who (encouragingly) has already got back to me. He's assigned someone to raise my case with HMRC. I don't know how optimistic to feel about that.

In the meantime, I will wait to see what comes from the ICO complaint. I have (yesterday) been through all my paperwork and I have letters from HMRC from both years which state that THEY owe ME money and explaining why / how much. The 'information' given in the phonecall about the temporary NIN was clearly wildly incorrect. I've got the documents to prove that too (every payslip). I wish I had recorded the telephone call myself.

Apologies for overlooking your question - the letter was signed 'SARS Team', the address at the top was PT Operations Area 2, if that makes any sense.

I don't dispute that their new calculations are right. My issue is that I feel it's unfair that I should be punished for HMRC's mistakes or the slowness with which they process information.

Hi MW,

I suggest you write back to the HMRC address saying :-

Further to my SAR, you have failed to reply properly and I have therefore complained to both the ICO and to my Local MP.

Unless you now send me a recording of the telephone conversation [on xxdate] [in xxmonth] when I was told there was confusion about my National Insurance number, I will pursue my formal complaints about your failure to reply as required to my SAR.

If they fail to give you the recording, you could seek a review of the tax owed due to their failure to deal properly with your complaint/query.

Just wanted to update and let you know of a positive outcome to all this. I sent a lengthy email to my MP outlining the whole case, and they took it up with HMRC on my behalf. I've heard today that HMRC have decided to reverse their decision to collect the underpaid tax.

The temporary NIN which they insist was at the root of the problem was assigned due to an error they / my previous employer made with my date of birth. There was never any indication of this on any payslips or paperwork sent to me. It took them 2+ years to identify the error and that was when they sent the letter informing me of the underpayment - at no point did they mention this was due to their errors. They are going to send me a new (presumably normal) tax code for 2018-19 shortly.

It's scandalous that I've had to take it this far, no new information has been presented to them but they've finally agreed with what I've been saying all along. However, the good thing is I have learned that MPs can intervene in cases like this, and when they do, their voices seem to carry some weight. I'm amazed how quickly they have got the matter resolved. Thanks to everyone here for the advice!

Hi MW,

MP's can sometimes be useful but not always.

Please update us when you get written confirmation from HMRC that matters are resolved in the way you want. Until then, nothing's changed !

Well, just in case anyone ever stumbles across this thread and wonders about the outcome,

I did eventually receive a recoding notice from HMRC, reinstating my full personal allowance for 2018-19.

No letter or any other recognition of the fact that they've changed their minds or apology for all the stress but I suppose that is by the by!

The MP said the easy success was largely down to my excellent record keeping! Needless to say, it's a huge relief.

Thanks again for all the support and advice. I would never have even considered contacting him had it not been suggested here.

Hi MollyW,

It's annoying that they've still not replied at all to your complaints. If this was me, I'd write again telling HMRC you require their written response to your complaints, simply because you still don't know how the whole matter is being resolved.

The new coding notice is good but doesn't tell you IF you still owe tax for past years and HOW it'll be collected.

I'm astonished that HMRC now appear to be unable to communicate with their customers/victims yet get away with not doing so !!