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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ctc & wtc claim rejected


Faz28
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I hope someone can help us after waiting nearly 16 weeks to our claim to be processed we were told by phone that our claim has been rejected. Reason for rejection is on 20-03-2012 we received a form dated 13-03-2012 asking further about our nationality (my husband has ILR and I have LTR). So we sent our passports and children's birth certificates on same day.

 

After 3 to 4 days later received same form dated 16-03-2012. Asking our passports and everything while they had our passports. So we thought this might be a mistake so we called HMRC and the advisor told us not to complete the form but to send it back with a covering letter stating passports are with them. He also mentioned it might be a mistake. We did not send it back I know it was our foolishness , the deadline to send was 02/04/12. We called yesterday to get an update and we were told our claim has been rejected basis of not sending the form.

 

Adviser told us to make a new claim but if we make a new claim we will lose out 2 months money because they will only backdate maximum of 93 days. We asked her whether we can appeal on the decision but she said because we didn't send the firm they will not consider our reappeal.

 

We don't know what to do we have 3 small children's struggling to get on with our basic bills. They took 14 weeks to ask for our passports but only took 2 days to reject it. It is not fair they had our documents with them. The advisor told us that the second form came from a different department but there was nothing in form stating different department both came from PFA (persons from abroad).

Pls someone help us.

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  • 2 weeks later...

Have you received your passports back?

Please excuse my ignorance but what is ILR short for I am assuming you have leave to remain (LTR)?

If Tax Credits operate in the same way as the DWP then if you failed to reply by the date specified then yes your claim will be closed and if the information is then received within a month of the closure date it will be passed to a decision maker to determine if the claim can be re-opened and it would only be reopened from the date the information is received.

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Have you received your passports back?

Please excuse my ignorance but what is ILR short for I am assuming you have leave to remain (LTR)?

If Tax Credits operate in the same way as the DWP then if you failed to reply by the date specified then yes your claim will be closed and if the information is then received within a month of the closure date it will be passed to a decision maker to determine if the claim can be re-opened and it would only be reopened from the date the information is received.

 

 

ILR stands for Indefinite leave to remain. Yes we received the passports back, but we sent all our documents on the first form they asked for. We thought second one was a mistake. They had our documents all along. We received a letter from hmrc dated on 21/04/2012 in that they didn't mention the form dated 16/04/2012. The letter said we should reply to the form 13/04/2012 which we did.

 

If we put a new claim they will only backdate 1 month according to new law. We are very confused bcoz we will lose 5 months money if we put a new claim. We can appeal to their decision. Does anyone know how long will appeal take to give their decision.

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Sorry I'm not a tax credit expert.

Were the passports the only information that was required or was there anything else?

If you have the passports back were you sent a compliment slip or covering letter when these were returned as this would show when they were returned to you hopefully confirming that the info was received in time for a decision to be made.

If you have any proof that the docu,ents were received at HMRC before the required date then yes you can request backdating to the date you made the inital claim , if not then backdating is very black and white you either meet the conditions of entitlment or you don't.

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Sorry I'm not a tax credit expert.

Were the passports the only information that was required or was there anything else?

If you have the passports back were you sent a compliment slip or covering letter when these were returned as this would show when they were returned to you hopefully confirming that the info was received in time for a decision to be made.

If you have any proof that the docu,ents were received at HMRC before the required date then yes you can request backdating to the date you made the inital claim , if not then backdating is very black and white you either meet the conditions of entitlment or you don't.

 

 

Yes only passports were required. We sent both of our passports. When we received our passports back we received a letter stating your documents are enclosed, letter is dated 30/03/2012 and when we sent our passports we sent it through special delivery we have the receipt as well.

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As you have the proof that the documents wre received by HMRC and subsequently returned to you on 30/03/12 I would suggest appealing the decision.

 

 

Thank you very much. After long & hard call to hmrc helpline found out they have refused our claim bcoz not responding to the form sent on 13/03/2012, which we think ridiculous bcoz we submitted everything ontime. Hmrc messed up bigtime. I'm somewhat relieved bcoz there is no fault from our side. We have put an appeal with proof. I don't know how long it will take but I know we have a case to fight for.

 

Thank you very much for ur kind advice & time.

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  • 2 weeks later...

Check the barcode from your receipt on Royal Mail's website - Track and Trace.

 

It will tell you the date your passports and letter were signed for and you will be able to tell if they were received before the deadline.

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susi72 the track and trace will only be relevant if tey were posted by registered/recorded delivery, if they were sent through normal post then there would be no way of checking.

 

I thought he said he sent them special delivery flumps?

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just checked back through and I can't see anything to indicate that they wre posted to HMRC by special delivery but he did say that he had the proof of them being returned which he has provided as proof to HMRC that they did indeed have the documents prior to the required date which is why he has appealed.

Faz28 have you heard anything back from HMRC yet?

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