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HMRC tax code mess up, CHB mess up, HBen and Ctax Ben messed up.....


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So, in the last 12 months we have had : HBen and Ctax recalculation resulting in Huge debt, a fraud interview thingy in a few days and today a bill from HMRC for underpaid tax since 2016.

 

Aparrently all these issues go back to 2016 - considering everything is reviewed annually, everything we earn is through PAYE and we have always declared everything to everyone, WHY has it taken them 5 YEARS to notice any problems, why do they suspect fraud if any mistakes were THEIRS and can we do ANYTHING to get any of the debt written off?

 

We have always provided evidence of  everything to everyone (that feeling of handing you entire financial history to some office monkey is the best isn't it?) - so the mistake seems to lie with HMRC/Capita 

 

I çant believe that it's coincidence this has all happened during COVID.  What's more likely - that there have been continuous cockups unnoticed for 5 years or that someone WFH for Capita/HMRC has cocked up this year?  

 

We are both key workers, exhausted with working through Covid (no WFH for us plebs, gotta keep those vulnerable and key worker kids in school while the teachers got to WFH) and totally baffled as to how everything has gone so horribly wrong - please advise! 

 

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Hi Confused and welcome to CAG
 

From what you say, I think your case is more to do with the Housing and Council Tax Benefits you received and not so much about your earnings and tax paid on them (which is where I'm more experienced).

 

Can you please give us a bullet-point summary giving dated history of relevenat events - date and brief narrative so we can see what happened in date order.

 

Keep it brief for now - we can always tell you what further info we need.

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Hi

 

I agree with the above but you also need to send a Subject Access Request (SAR) to the Councils HB & CTB Dept requesting 'ALL DATA' (that little phrase covers whatever format they hold that Data in)

 

The Council then have 30 Days to comply only once they have acknowledged receipt (i.e. sent you a letter they got SAR) the time limt only starts from the date on that letter from the council.

 

As you mention HMRC I would also suggest doing the same with HMRC and sending them a SAR as well.

 

At present from you post this does seem more a HB & CTB issue as has been pointed out but we need the info asked for to assist you better

 

The reason I say to send a SAR is you are in the dark as to what is going on and sending a SAR to get the Data may assist you in defending yourself to challenge their decision.

 

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Okay, we had been on HBen and Ctaxben for nearly 20 years (god that's shameful) any recalculation resulting in us owing paid back, etc etc.

 

Hubs got a good job in 2015/16,stopped all claims. Hooray! Hubs made redundant (no pay out, zero hours etc), claims restarted 2016. Within about 6 weeks hubs in new job but low pay, so continue claiming with reviews, evidence on a yearly, etc. 

Also hubs gets Working Tax Credits, also regularly reviewed, reassessed, recalculated, any overpayment paid back. 

I get a job in 2018 but payroll mess up for first 3 months onths (no pay. No payroll number. No income. I provide payslips as soon as I get them, claim continues.)So now both on low pay, continue claim with new evidence, etc. 

I get a better job in April 2020! Better pay, evidence provided, earning too much to claim now, so Hooray again! 

 

MAY 2020.

Recalculation. Unable to provide evidence of Hubs start in 'new' job 2016 (hang on, we did all that at the time, why are they asking again?). They decide we owe money. We make arrangement, start paying back. 

 

FEB 2021

We get a letter saying an Interview under caution is required because they suspect fraud. WTF?  Panic. Research. Agree to Teams interview (due tomorrow) 

 

APRIL 2021

Letter from HMRC saying hubs has been on wrong Tax code since 2016 (that effing year again, WTF?) and owe them money too. 

 

So, could the wrong tax code be the reason we were flagged for fraud? If this all boils down to an HMRC cock up rather than something we did wrong, can we sue, tribunal etc? 

 

How can this go on for 5 years without someone at HMRC noticing? 

 

What happened in 2016??????? 

 

Can we challenge any of this because we are adamant that we have declared everything accurately at the time? 

 

And WHY did they decide the middle of a DEADLY EFFING PANDEMIC was a good time to target two school support workers who were among the very few still actually going in to work, keeping the key worker kids safe with sod all PPE, FFS why us??? 

We have always done the right thing, kept our heads down, worked hard, never claimed more than we were entitled to, got jobs that are socislly useful and respectable even though low paid. 

We've been in the system long enough to know that it's not supposed to be easy, but this is a whole other level of ridiculous. We're bouncing between questioning why we bother getting out of bed on a daily (on bad days it's questioning the point of life in general) and being so damn furious that HMRC are probably lucky I don't live near enough to visit an office in person and give them a piece of my mind. 

 

 

 

 

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Hi 

 

Thank you for that information but have you taken onboard what I have posted in post#3?

 

I know this is upsetting and you may fell angry but you need to channel that into how you can challenge what has happened.

 

You can only challenge this by getting the information from them to see how they have reached there decision as without this you are completely in the dark as to how to challenge your case with HB & CTB & HMRC.

 

Look up the relevant Council to see if they have a SAR form and do the same for HMRC.

 

You may also have to send a SAR to those Employers that they were employed with (that is if they are still operating) to get that information.

 

Here is the link to HMRC SARhttps://www.gov.uk/guidance/hmrc-subject-access-request

 

As for the Council for HB & CTB you will need to look this up with the relevant Council

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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An SAR is like shining a light under a rock, it's one of your most fundamental rights.

 

Although with the Council, I would take it up with your local elected councillor, you will be much more likely to get a rapid resolution to this.  Their contact details will be on a Google search. Right now they are up for re election and should move heaven and earth to help you.

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We could do with some help from you.

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And organise yourself for the challenge ahead if you have not already done so.  Set up a paper folder for each tax year or a ring binder with each tax year separate.

 

Add all of your current information for each tax year and when you receive the SAR information try to put into a date order within each tax year.   And at the start of each tax year folder or ring binder section, have a summary sheet with a list of the information you have and also a separate list of information that appears to be missing.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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