working tax credit EEA Help

[underpressure2012]

Hi , I have been a lurker on here for many years and after all the useful advice and information i have found have decided to post.I have been in receipt of tax credits since february 2011.I will give you some background info about my situation , I am married and a british citizen, my husband is from Turkey and been living in the Uk since feb 2008.I currently work over the 30hours a week and im 26 years old.My husband Currently does not work.When i origionally applied for working tax credits I filled in the form i advised that my husband was under immigration control and that he was Turkish citizen had no recourse to public funds.I was advised that I was still entitled to the second adult element as my husband was from Turkey and they had a social economic agreement with the Uk.All was fine and i was recieving my tax credits weekly with no issues.I renewed my tax credits in 2011 with no issues and when i changed jobs i informed them of my change in nov 11.I again had no issues and again i always advised my husband was a turkish citizen with no recourse to public funds but was always told the same thing that my husband was entitled.All was fine until suddenly in April this year my tax credits stopped and i could not get any information from the working tax credit office , after many phone calls and complaints about the lack of communication was advised they had been suspended as they were investigating my husbands immigration status.I waited and waited with no information and every time i called the contact centre no staff there could offer me any advice accept that it was being dealt with by the complex case team.After many complaints i eventually got a letter that advised that due tro a change in law in nov 11 my husband was no longer entitled and we would not get the second adult element of wtc.I was ok with that and accepted that circumstances change .However that meant an overpayment of over £1000 had occured but i was advised by the inhouse complaints manager that as they had checked on teh forms i had completed i had advised them of the fact my husband was a Turksih citizen that It was there error and that they would not be seeking this overpayment back.All was fine or so i thought.After many weeks again of long phonecalls everyone escalated as no one in contact centre could handle my case all they did was pass my query on to the complex case team.All i wanted to know was how much i would be entitled to and when i would get any payment.I was advised over the telephone that i would get around £150 a month but paid manually as it was done by the complex case team and after issue it could take 7 to 10 working days.So again i thought ok i now know what is going on .However i have recieved two payments of this and the time it was suspended i never got any money or backdated.I asked the reason for this and after many different ppl and managers tried to explain i had a different answer each time , i asked for confirmation in writing which i never got just an EEA renewal.I called up the contact centre and renewed end of June, they advised me i probably had a big underpayment.That was weeks ago and then i got a letter the other day informing me that i had been overpaid by over £1000 for the period i had been told was there error.I called up the contact centre yesterday to be told that they didnt know what to do but would send to complex case team and a complaint.Also aI applied for housing benefit as I had been on ssp for a few months (not exceeding the time limit for WTC).They advised me that as i was recieving £68.08 per week i would only get £22.15 housing benefit.I advised them that this was not the case and that I was not in receipt of that and hadnt been since april.They advised me that , that was what was on the DWP system .They aslo asked for confirmation then of this and i explained my situation and that i had asked for this in writing many times from the WTC and all i ever recieve is my old entitelement and every time i call they tell me its still on there system that i get that amount.Ive spoke to alot of managers and complained countless times and i still never recieve the correct info in writing so i can show the council this.Now the council have reffered my case to court and its up on the 10th of august(i have a lawyer representing me ).Also when i spoke to a manager at the call centre yesterday he advised me my payments had been suspended again and he did not know why.So basically I am at my whits end as everyday i spend on the phone for hours trying to sort this issue out and im currently Ill with anxiety which is not helping .I think im looking for any information anyone can offer as I am at a loss now on what to do.In all honesty Im tired and so stressed , i cry on a daily basis with regards to this.I know this is really long and complex I just hope someone can help.Regards Underpressure

[Gbarbm]

Well this is just ridiculous! You've been more patient than you need to be quite frankly.

 

Write to;

 

Nick Lodge

Director benefits and Credits

Tax Credit Office

Preston

PR1 4AT

 

Mark your letter COMPLAINT and send it by recorded and signed for delivery

 

Give the details as you have posted here. Tell them you expect a response within 14 days from the date of your letter.

 

Post back here if you need more advice

[underpressure2012]

Thanks alot GBARBm , I have been asking the contact centre for a contact name and address to write to and no one would give me , they just kept saying they cant give those details out .Although every agent and manager and complaints manager i have spoken to has advised that they have not seen anything like it and could not understand it all.Thanks for your reply I will write up a letter tonight and get it recorded delivery Tuesday as that is when i will be paid.Im sure i will be back soon as no one ever has a clue on what to do with my case.Regards underpressure

The council are taking me to court due to arrears on my rent account, the lawyer who is representing me is a local lawyer who deals with eviction cases that go to court.As i was off sick i could not afford to pay my rent as i was given very little to live off one month it was £186 ssp.The council never once informed me after many meetings and phone calls to advise i could notr afford to pay my rent due to trhe low income of ssp, and also my working tax credits had been suspended.However i was recieving about £300 a month ssp and was supposed to pay £320 rent , i was for months paying £320 and leaving myself with no money for food and taking money off family and friends to survive.Eventually i called the social fund who advised me i was entitled to HOusing benefit and council tax benefit.I am in Scotland.I put my form in with my payslips and bank statements and two weeks later recieved a letter saying i would recieve £22.15 a week as i said previously as on DWP system that they can all see shows my payments from last year what i used to recieve.I have spoken to the department at the council and they say they need proof from HMRC everytime i call HMRC they say they have sent a letter and every time i get a letter its an award provisional or final award notice saying I am recieving the second adult element and £77.89 a week which i am definately not recieving and they know that.I call them explain this and they send off a form to the complex case team who never send me anything and the complaints team say that dont understand what is going on.I am totally at a loss and im going to end up losing my home as i physically dont have the full rent money or even half as i have went months not eating properly and living on food parcels.The social fund cant help as u are only allowed three in a rolling year and i have had them due to this , although even n there system it still says i get £68 a week so i have been refused alot due to this as they think im lying or recieb=ving this as they say it wouldnt say that if i was not recieving it.

Edited July 29, 2012 by underpressure2012
further info

[Gbarbm]

Hi

I won't go into the politics of it all but suffice to say the government have got rid of so many staff at HMRC particularly those who were experienced only to replace them with fixed term appointments (who read from a script) and transferred people from other departments who have never dealt with fax credits and this is the result!

As you say, this has all had a knock on effect on things like council tax and housing benefit.

Make sure you put all that in your letter too as well as telling them that you had to go without food in order to pay bills.

Tell Mr Lodge that you expect compensation for the gross inconvenience and maladministration you have suffered.

[underpressure2012]

Hi Thanks for replying to me so quickly I appreciate it very much so.Thats great I will get this letter writeen up tonight and send recorded signed for and put in all the points you advise.Can I ask who this MrLodge is ?underpressure

[Gbarbm]

Nick Lodge is the executive director of tax credits.

 

Post back here when you get a response

[underpressure2012]

Hi well back to explain my sorry situation again.I have sent the letter as advised above to Nick lodge and I also sent in another one just marked complaint both identical and registered signed for.This was done 2 days after i posted here.I received a letter on the 22 august to advise they had received my complaint and that they were looking into it.I have phoned up three to four times and every time advised that the lady dealing with my complaint was on holiday and then friday was told she dont work that day.I spoke to her collegue a few weeks back who again took my renewal over the telephone as was again told that my renewal had not been done and my claim was terminated.She took this for me and assured me it was done, again I called the call centre as I really needed to know what was going on with my case.I was advised again that My renewal had not been done again I was furious, I just dont undertsand how after 5 times they can tell me it has not been done.Also was advised by letter by woman dealing with my complaint that she did not have my phone number and that i should call her to give my renewal figures!!I called and gave to another collegue and advised that I had given my mobile phone number everytime i call and ask them to update this on system and again im assured everytime this is done but obviously not.I was advised by a manager of the call centre that I had escalated to highest level and that I would just have to wait.This has been going on since April.My last payment was the 20th of july.

With regards to it affecting my house , the council have to go by what is on the DWP system and this is showing im receiving 68.08 pound a week which im certainly not.This has affected my housing benefit claim, the housing benefit woman calle dthem infront of me and they assured her i was recieving this so made me a liar and also affected the decision in court for my eviction , the jusdge gave two weeks for me to get the tax credits to tell council what i was actually receiving, i called lots and got nowhere.Eventually another person called from housing benefit and they gave them the info which advised i had nt received any since April.This again was not True i had received two payments one in june and one in july of £150.I advised council of this but again said they have to go by what DWP say.Its an absolute nightmare.I just want to give up with them.I just looked on the hmrc tax credit website under EEA (my husband is Turkish not under EEA but they have some how put him in that category)I have read that if my husband is from turkey and one of us work then he can recieve working tax credits so i have really no idea what all the hassle is about if i can clearly find that info on their website why cant they?