Tribunal

[bluetack]

It's a long time since I've been on here with a problem but it's the first place I turn to for advice when needed!

 

A few years ago we were accused of falsely claiming tax credits and were under investigation. We provided all the documents they asked for to prove our innocence but in the end we had to ask for the case to go to tribunal and they agreed to this. We asked for transcripts of telephone calls to be provided to help prove our case.

This all happened two years ago. Our tax credits were stopped immediately but we have heard nothing about the case since. Each year in June we get a letter stating how much we owe but have heard nothing about the tribunal hearing, nor have we received any transcripts. Does anyone know how long it usually takes to get a tribunal hearing - two years seems an awfully long time and it's driving us crazy with worry? In fact it has caused my husband heart problems and he's now in and out of hospital all the time. Any advice would be appreciated!

 

If you are reading this now, please tell me your thoughts because I don't know if I should call them, write to them or let sleeping dogs lay - somehow I just know this won't go away forever. Seems unfair that they can make us wait two years and they're probably going to bump it up with interest.

[**Margaret**]

:bluetack:

 

With the caveat that I'm more used to dealing with tribuals for disability benefits, two years is far too long for you not to have heard anything. And you're right that this isn't going to go away for ever. Overpaid tax credits can be recovered from pension credit and state retirement pension. So my advice would be to get this sorted sooner rather than later, especially if it's affecting your husband's health.

 

Nothing from what you've written convinces me that Revenue n Customs received a valid appeal at the time. Did you ever submit, and have acknowledged, either of the forms below?

 

http://www.hmrc.gov.uk/forms/tc846.pdf

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

First off, I'd submit a subject access request to Revenue and Customs for all the information they hold on you and your husband including the call transcripts if they're available. (I'm not sure what HMRC do or don't tape.)

 

http://www.hmrc.gov.uk/leaflets/dp-fs1.htm

 

Dependent on what you and your husband receive from subject access, should be within forty days, I'd write to HMRC or ask them for the correct address for the Tribunal Support Unit for tax credit appeals for your postcode, so you can chase an appeal if there's one to chase.

 

Best wishes, Margaret.

 

 

(Any contributors who know more about this than me, please chip in.)

 

 

 

 

 

 

 

[bluetack]

Hi Margaret,

Thanks for your reply. Yes, we did submit an appeal and have an acknowledgement. I rang the helpline today and eventually spoke to someone who looked into our case. They told me that our appeal against the penalties was successful and these had been removed 18 months ago (no-one had informed us). He also said the tribunal should have been ages ago and couldn't understand why nothing had happened. I have to do a SAR for the transcripts and the person I spoke to is emailing the Tribunal Support Unit to chase things up. We have good evidence to support our case so we really want to attend. All telephone calls are recorded but when asking for transcripts you have to provide dates, times of calls and the person you spoke to-luckily I have all this info. I'll post all updates.