Jump to content


Please help. We've had years of tax credits misery


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3356 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,I wonder if you could help us with the problems that we’ve been having with our tax credits. We’ve been trying to sort this problem out for the past few years and now we are at our wits end. I’ll try to keep it brief. Any help or advice would be greatly appreciated.First, our tax credits got stopped due to a computer error by HMRC in January 2005. Following this we contacted them several times to get it sorted but to no avail. In the interim they paid us manually by sending us giro payments.Meanwhile occasionally they would send demand notices saying we owed them several thousand pounds.Then we wrote a letter to our MP and got a reply (via our MP) from the Chairman of HMRC, in November 2005 explaining that we DID NOT have an overpayment. The demand letters were issued in error.In the meantime we were still being paid manually till 2008 when these payments also stopped. After contacting HMRC again they said they were still trying to rectify the computer error which originally ceased my payments in January 2005. So we left it and waited for them but we weren’t holding our breaths.Then in November 2010 we got a demand letter asking for £10,000 overpayment. Therefore we got in touch with HMRC again and our local MP and got a reply from the HMRC Chief Executive, in March 2011, saying that this demand was an error and we didn’t have an under or overpayment, but our entitlement had been incorrectly ended and they were still trying to restore this.In June 2011 we wrote a letter to HMRC Chief Executive asking them to resolve this situation and re-instate our claim. We received a reply about a week letter saying that they were unable to re-instate our award from that period and advising us to complete a new claim form. Then they said that once our claim had been processed that we should make an appeal requesting them to backdate it from when we last received payments (2008), and they’d enclosed an appeal form.Therefore we requested a claim form and submitted it in September 2011. We phoned up in November 2011 and they said they couldn’t find a record of it and sent us another claim form which we submitted in December 2011.In January 2012 they awarded us a small amount of child tax credits and said that they would backdate it 3 months to September 2011.In their award notice they had incorrectly put me down as earning a salary of over £8000 per year. We don’t know how or why they put this in as I am a housewife, looking after my 3 children and don’t have a job. Of course this affected our entitlement amount substantially.So we appealed and pointed out to them that they had made a mistake in putting me down as earning this £8000 per year when I didn’t earn this and I didn’t have a job. We also put in the appeal form that we were requesting the payments to be backdated as was our right and as we had been advised to by the CSSG Manager in her letter of June 2011. We’d also enclosed copies of the correspondence from years back, with them, our MP and HMRC and our MP.Finally last week we got a letter saying that our household income was £40,000 (including my fictitious job) and therefore they were unable to backdate for more than 93 days. They hadn’t even addressed or acknowledged the statement in our appeal that I was NOT an employee and didn’t have earnings of £8000.It then said:“The law does not allow me the discretion to backdate a claim to tax credits further than the maximum 93 days on the grounds of departmental errors and system technical faults affecting a previous claim.”“I am sorry for the inconvenience this issue will cause you. However, in order for the department to address the issue of your missing entitlement up to September 2011, you will need to submit a formal complaint requiring the department to send you an ex-gratia payment for the monies owed.”It then gave us three options which we have to let them know which one we want to go with:1. I agree the decision dated January 2012 is correct and wish to settle my appeal2. I do not agree that the decision dated January 2012 is correct but I do not want my appeal to continue to Tribunal and wish to settle my appeal3. I do not agree that the decision dated January 2012 is correct and want my appeal to continue to Tribunal for the following reasonsNow my question is if I should choose option 3 and if yes what should I put in for the reasons.Should I mention again that they’ve totally ignored me when I told them in the appeal that I didn’t have a job and wasn’t earning £8000?Furthermore, if we do go to Tribunal, will this affect our complaint regarding the ex-gratia payment and what would be the chances of the complaint being successful?What will happen at the Tribunal and what are our chances of success?Do you think that if we get the ex-gratia payment it will cover the full tax credits entitlement that we should have received from 2008?Also after doing some research on the internet , I believe that if there is an official error, HMRC has the power to backdate any underpayment for up to 5 years.Please help us.

Link to post
Share on other sites
Hi everyone,I wonder if you could help us with the problems that we’ve been having with our tax credits. We’ve been trying to sort this problem out for the past few years and now we are at our wits end. I’ll try to keep it brief. Any help or advice would be greatly appreciated.

 

First, our tax credits got stopped due to a computer error by HMRC in January 2005. Following this we contacted them several times to get it sorted but to no avail. In the interim they paid us manually by sending us giro payments.Meanwhile occasionally they would send demand notices saying we owed them several thousand pounds.Then we wrote a letter to our MP and got a reply (via our MP) from the Chairman of HMRC, in November 2005 explaining that we DID NOT have an overpayment.

 

The demand letters were issued in error.In the meantime we were still being paid manually till 2008 when these payments also stopped. After contacting HMRC again they said they were still trying to rectify the computer error which originally ceased my payments in January 2005. So we left it and waited for them but we weren’t holding our breaths.Then in November 2010 we got a demand letter asking for £10,000 overpayment. Therefore we got in touch with HMRC again and our local MP and got a reply from the HMRC Chief Executive, in March 2011, saying that this demand was an error and we didn’t have an under or overpayment, but our entitlement had been incorrectly ended and they were still trying to restore this.

 

In June 2011 we wrote a letter to HMRC Chief Executive asking them to resolve this situation and re-instate our claim. We received a reply about a week letter saying that they were unable to re-instate our award from that period and advising us to complete a new claim form. Then they said that once our claim had been processed that we should make an appeal requesting them to backdate it from when we last received payments (2008), and they’d enclosed an appeal form.Therefore we requested a claim form and submitted it in September 2011.

 

We phoned up in November 2011 and they said they couldn’t find a record of it and sent us another claim form which we submitted in December 2011.In January 2012 they awarded us a small amount of child tax credits and said that they would backdate it 3 months to September 2011.In their award notice they had incorrectly put me down as earning a salary of over £8000 per year. We don’t know how or why they put this in as I am a housewife, looking after my 3 children and don’t have a job. Of course this affected our entitlement amount substantially.So we appealed and pointed out to them that they had made a mistake in putting me down as earning this £8000 per year when I didn’t earn this and I didn’t have a job. We also put in the appeal form that we were requesting the payments to be backdated as was our right and as we had been advised to by the CSSG Manager in her letter of June 2011. We’d also enclosed copies of the correspondence from years back, with them, our MP and HMRC and our MP.Finally last week we got a letter saying that our household income was £40,000 (including my fictitious job) and therefore they were unable to backdate for more than 93 days. They hadn’t even addressed or acknowledged the statement in our appeal that I was NOT an employee and didn’t have earnings of £8000.

 

It then said:“The law does not allow me the discretion to backdate a claim to tax credits further than the maximum 93 days on the grounds of departmental errors and system technical faults affecting a previous claim.”“I am sorry for the inconvenience this issue will cause you. However, in order for the department to address the issue of your missing entitlement up to September 2011, you will need to submit a formal complaint requiring the department to send you an ex-gratia payment for the monies owed.”It then gave us three options which we have to let them know which one we want to go with:1. I agree the decision dated January 2012 is correct and wish to settle my appeal2. I do not agree that the decision dated January 2012 is correct but I do not want my appeal to continue to Tribunal and wish to settle my appeal3. I do not agree that the decision dated January 2012 is correct and want my appeal to continue to Tribunal for the following reasons

 

Now my question is if I should choose option 3 and if yes what should I put in for the reasons.Should I mention again that they’ve totally ignored me when I told them in the appeal that I didn’t have a job and wasn’t earning £8000?Furthermore, if we do go to Tribunal, will this affect our complaint regarding the ex-gratia payment and what would be the chances of the complaint being successful?What will happen at the Tribunal and what are our chances of success?Do you think that if we get the ex-gratia payment it will cover the full tax credits entitlement that we should have received from 2008?Also after doing some research on the internet , I believe that if there is an official error, HMRC has the power to backdate any underpayment for up to 5 years.Please help us.

 

Hi I've just put some paragraphs in your post as i was having a lot of trouble reading it in one big block. I know how easy it is to just write and write with no gaps when you are frustrated about something!

 

I'm afraid i don't know the answer to your question. It seems to me that the third option would be I would go for if I were you! Have you tried writing to your MP again with the latest info? It surely couldn't hurt to get them involved again?

 

oh and as for the £8000 can you not just phone them and tell them this is wrong - they should then be able to recalculate the current award on the correct figures?

Link to post
Share on other sites

Thanks Sparklez30 for formatting it for us. We had originally written it on a word processor and copied and pasted it into this forum but all the formatting seems to have disappeared, but your effort has been appreciated :-)With regards to phoning Tax Credits, we don't know whether we should, cos based on past experience, it may result in them messing it up even more. We've just sent them the info saying that we would like to continue to Tribunal and basically we'll have to wait to hear back from them.Jas

Link to post
Share on other sites

Hi,

 

I have been through the Tribunal process, and while it does seem a bit scary, I can assure you that you will get a sympathetic hearing from an independent judge. Make sure you get all your evidence in order and present it to the tribunal. I'm no lawyer, but in my honest opinion, those letters from the HMRC Chief Executive admitting they have made mistakes with your claim are like gold! No judge in their right mind could find against you, with those! I would advise going for the Tribunal. Good luck!

Link to post
Share on other sites

Thanks for your advice and words of encouragement Asastrum. We are really heartened to hear this, although still nervous at the thought of appearing before a Tribunal.Would you or anyone else be able to advise whether we should still make an official complaint to get an ex-gratia payment, and if yes, what impact will this have on our Tribunal process?Thanks again.Jas

Link to post
Share on other sites

Yes, I think you should go for the ex-gratia payment. Any chance of getting some money back should be taken, and you have nothing to lose. It shouldn't affect the Tribunal process, as the Tribunal will determine, once and for all, who is at fault, and based on the evidence you have stated here, it should very much go in your favour. You should see this as a chance to get a final verdict on the situation, and draw a line under it.

 

Incidentally, the Tribunal isn't like a court: it's far less intimidating. It's merely between 3-6 people (including you) sitting round a table. The Judge will have read both sides evidence before sitting down anyway, so will be familiar with the case, and will simply be wanting to ask a few further questions for clarification. They will take some notes of what you say, and then they will retire to reach a verdict. The whole process probably won't take more than an hour. And they do understand that people may feel nervous, and they do go out of their way to be sympathetic and understanding. You definitely won't be made to feel like you're "on trial": it really is just an independent arbitration of the situation itself, not a judgement of you. You're only there to clarify anything that needs explaining.

Link to post
Share on other sites

Thanks Alastrum for your advice. This really means a lot to us. I think we will make an official complaint because the treatment and service we've had is poor and it's still ongoing 7 years later.Jas

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...