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    • Update   i have received my SAR but it only has the correspondence attached that hmrc have already sent me, notes from the telephone conversation I had with my case worker and a note between her and a colleague saying that they wouldn’t impose a penalty. Please see below…   “I refer to your recent SAR request and attach our response together with all relevant documents. Please note that certain details have been removed from some of the documents for security purposes.   Sandra Patrick | ISBC C&A Agent Compliance Team |Indv and Small Business Compliance | HM Revenue and Customs| BX9 1LE | | Tel 03000 523401  | [email protected]   Please note that email is not a secure medium and if you choose to transmit commercially sensitive information regarding your company or its business practices via email to HMRC you do so at your own risk.     In the above case opening letters were issued 23 February 2021 for 2017/18-2019/20. A reply was received from the customer (tel call followed by email documents) and we are now ready to restart.   This case is similar to one that you have recently looked at for me in that the customer was naïve/trusted her agent and it is doubtful whether careless behaviour would be supported if the case went to Tribunal. I believe we should classify this as MDTRC and not charge a penalty.   Please can you confirm your agreement to both FRB and no penalty   Email from Tech Team 15/06/2021 Subject: EIS CASE - I agree that this case should be treated as MDTRC for the reason stated. There is no evidence of deliberate behaviour, and I doubt if she will be so trusting again. Therefore it seems highly unlikely that she is going to repeat her mistake. Internal Notes 12/07/2021   Technical advice sought re the particular circumstances of this case. An SA record was set up for expenses over £2,500. The return came in without these expenses so the SA record is automatically closed. Per technical advice, behaviour agreed as MDTRC. The customer placed trust in her agent   Please note that non-personal information relating to HMRC’s internal processes and guidance have been redacted or removed. Names of HMRC officers not directly involved in the compliance check have also been removed.   MDTRC - mistake despite taking reasonable care   I’ve also had a letter with the results of the review which I believe is the same response Dixon and Alvinsmalvin have had where they state although they empathise the responsibility lies with me to repay as I gave Fast Tax Rebates Ltd my information.     
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8 weeks until they deal with my claim??? Is this right?


paul738
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27/02/2007 – sent letter requesting details of all charges for the past 6 years.

28/02/2007 – royal mail confirm letter arrived and signed for at 12:34pm.

21/03/2007 – sent secure message asking if SAR had been actioned.

28/03/2007 – no reply to SAR question, asked whom I need to address my question to.

02/04/2007 – received secure message saying letter had not been received. Replied asking whom to address letter to to make sure it got actioned.

02/04/2007 – spoke to customer service advisor regarding SAR, he said he would send out list of charges asap free of charge.

04/04/2007 – received list of charges.

05/04/2007 – sent preliminary claim letter special delivery.

18/04/2007 – sent secure message stating that my 14 day time limit was due to expire and I had heard nothing.

20/04/2007 - received following reply:

We have indeed received your letter but it is not yet due to be worked. I realise that you have imposed a 14 day limit but under FSA regulations we have eight weeks in which to respond to complaints.

 

We will not work to the 14 day period but will respond to you within eight weeks time. I realise this may not be the news you were hoping for but we deal with complaints in order of receipt and are not willling to look at your complaint ahead of schedule.

 

 

is this true that they have 8 weeks to respond? what should i do now? to be honest the last thing i need right now is for them to shut down my account and loan so do i want to try to force this by sending a follw up letter or should i let them adhere to their 8 week limit????

 

any advice welcome, thanks!

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No-they have to work to the set timeframe

 

40 days to respond to the SAR

14 days to respond to the LBA

 

As such they are way out of line and as such you should seriously consider issueing a claim via the Small Claims Court.

 

Also not sure if it is worth sending a copy of their reply to the Ombusdman.

PPMAN159

 

If this comment has helped please click on the scales.

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  • 1 month later...

well finally smile responded with some good news, got a message over the weekend saying they have agreed to a refund of charges and i will be receiving a letter shortly detailing the ammount.

 

im presuming that if it is less than i have demanded i should tell them im willing to accept this as partial payment only and will take the matter to court if they do not refund the full ammount?

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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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We have indeed received your letter but it is not yet due to be worked. I realise that you have imposed a 14 day limit but under FSA regulations we have eight weeks in which to respond to complaints.

 

Hey Paul,

 

Just to follow up on what the others have said (I have recently started a claim against smile and got the same letter back). Basically they are trying to delay the claim by using the FSA as a scare tactic... in my opinion for two reasons. Because they have more claims than they can handle and just for the pure heck of stalling.

 

You have one thing to remember, by following the information provided here at CAG you are following the legal path. Niether the FSA or smile make the law nor can they change the timeframe that you have set out in your letters.

 

Also make sure you stick to the timeframe EVEN when they tell you an offer is on the way. More often than not the offer will not be what you have requested and if you don't stick to your dates then it just slows down your claim.

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- SilkySmooth -

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thanks silky,

 

as you say they have tried to draw this out for as long as possible. i was happy to wait the 8 weeks as i was away for a bit and that was only i week longer than my time frame had specified, but this final delay is irking me a fair bit. i have sent a message in this morning asking why it is continuing to take so long to get a confirmation letter out to me. if i do not get a reply in the next day or so should i start my claim with the small claims court?

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Paul,

 

I am not quite as far along as you are... I sent my LBA two days ago so they have 14 days to pay what I have requested. I usually allow an extra 2 days grace to allow for the postal service. So if after 16 days I haven`t had a satisfactory response, i.e. my money back then I will start court action.

 

I have completed four claims to date against one bank and three credit card companies. I had to begin court cases against ALL four of them before they would take me seriously and stop offering partial settlements.

 

As soon as the court cases were started two of the four paid up in full. The other two took it right up until the court date and then paid up in full (one of them left it right up until the last day for the cheque to actually arrive).

 

So based on these experiences I don't allow them any more than a few days for post delays. Four weeks is ample time to respond to a claim.

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- SilkySmooth -

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this morning i am a very happy man. over £1650 in illegal charges have been refunded into my account over the weekend. the full ammount i was claiming for.

 

my only gripe is that in the past week they have put through £75 in charges for bounced payments, is there anything i can do about these charges or any others since i started my claim?

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Hi Paul,

 

Congratulations! Case closed and move on to the next :)

 

Yes, you can and will need to start a new claim for the £75 they have added. And this time you will feel a lot more confident about getting it back ;)

---------------

- SilkySmooth -

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Hi Paul,

 

Congratulations! Case closed and move on to the next :)

 

Yes, you can and will need to start a new claim for the £75 they have added. And this time you will feel a lot more confident about getting it back ;)

 

 

excellent, wasnt sure after this settlement whether i could continue to claim for anything else, thanks for the advuice i shall get straight onto it and any further charges they apply to my account in the future!

 

lloyds are next, wish me luck!

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