little man Vs HMRC

miketcw

Hi all,

I've been struggling with the following for quite a while and would welcome any advice from those in the know.

At the end of the tax year 08/09 I asked the HMRC to do a tax calculation as I always do, at this time I forwarded them all the applicable information, P11d, P60, and copies of pay slips. A couple of months later I received a tax calculation and a cheque in the post for £2500.

Now a few years later the tax man is now on my back saying that they actually paid me that money incorrectly - apparently 'it was sent to me by mistake due to a computer error at the time that turned an underpayment into an overpayment as it appeared to have ignored the plus/minus information'

I have asked them for a copy of this particular tax calculation (I did not keep it in my records) but one of the last letters I got said that they are unable to issue me with a copy of the first tax calculation for 2008/2009 at present as there is a problem with our computer system.


Now I don't mind paying the correct amount of tax, nor paying if I have underpaid but I feel very annoyed that the above has happened and was wondering if there are any loopholes which I am unaware of which I could play against the HMRC. I tried to use the ESCA 19, but they have said this is not applicable. It is frustrating to do everything correctly for the tax man to screw up royally and then simply demand you give the money back.

Any ideas or help would be welcome.

Many Thanks,

Michael

chrismac1

If you look at some of the Esc A19 posts on this site - and others - you will see that often 4 or 5 letters are needed before they cough up. They are no better than banks in the way they try to wriggle out of the problems caused by their own failings.

In your case in my view you have one of the stronger cases for claiming ESC A19 I have seen. They can hardly argue that you failed to give them all the necessary information! They can hardly blame your employers or any other third party which is one of their favourite refuges.

I suggest looking up the Esc A19 requirements, and some of the victorious cases, and then writing to HMRC with ESC A19 CLAIM in big letters at the head of the letter. When you get a reply - probably about Nov or Dec, maybe early 2012 - read it carefully. Does it address any of the points specific to your own case you put in your letter? If not they have not bothered to read your letter, just spat out an auto reply by computer.

Write again requesting a specific reply on specific points of your case. Spell these out. Keep doing this until you get a credible response - probably mid 2012 or so. You should be winning this!