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ESC A19 Claim

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  • Crazy-mrt
    Crazy-mrt Posts: 16 Forumite
    Eighth Anniversary Combo Breaker
    Get this guys, am currently in dispute for an underpayment in 2007 2008 for £579.46. However in the tax year 2009-2010 I had a REFUND for £869.60. However along with the underpayment claim they had send me the tax calculations for 2010 - 2011 where they "adjusted the 2007-2008 underpayment and I now owe them £341.66... its very confusing.. so I sent them a letter saying am confused and had a standard letter sent back to me sayin I cant use A19.. bla bla.. so then I complained on the advice of christmac1 and had more in depth letter explaining why its not relevant. BLA BLA...

    Then... and this has shocked me the most today i recieve a cheque for over two hundred pounds... I have no idea what action to take or what to do.. it seems they have NO IDEA what they are doing...

    Any help appreciated on what my course of action should be... Thanks! :)
  • chrismac1
    chrismac1 Posts: 2,585 Forumite
    They are clueless. As long as you are happy with how things stand as they are now, I'd keep your head down!
    Hideous Muddles from Right Charlies
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Crazy-mrt wrote: »

    1) an underpayment in 2007 2008 for £579.46.

    2) for 2010 - 2011 where they "adjusted the 2007-2008 underpayment and I now owe them £341.66...

    3) today i recieve a cheque for over two hundred pounds...

    1) Straightforward
    2) You were overpaid in 10-11 to the extent of £237.80. So they subtracted that from 07-08 leaving a net underpayment of £341.66
    3) Is that in the region of £237??
    If you want to test the depth of the water .........don't use both feet !
  • Crazy-mrt
    Crazy-mrt Posts: 16 Forumite
    Eighth Anniversary Combo Breaker
    chrismac1 wrote: »
    They are clueless. As long as you are happy with how things stand as they are now, I'd keep your head down!

    Cant say am happy as I still owe them money... I inboxed you.. would u mind taking a look please?
  • Crazy-mrt
    Crazy-mrt Posts: 16 Forumite
    Eighth Anniversary Combo Breaker
    Am deffinetley not happy!

    1) in 2007-2008 i underpaid £579.46

    2) in 2009-2010 I was refunded £869.00

    3) in 2010 - 2011 I overpaid £237.80 - however they adjusted this year by ignoring the fact they refunded me in 09/10 and subtracted the overpayment from the underpayment which meant I was now in the red by £341.66 - which is the figure they are trying to claim from me at the moment and which I wrote to HMRC about.

    4) Today I recieved a cheque for £238.01 with no explanation as yet (I guess that will come tomorrow) however I pressume this will be for another miss calculation for 2011-2012

    SO you see what I mean? The problem I have is that am not prepared to pay the money I owe them, (although am quite happy to cash the cheque :) ) The reason I dont want to pay this money is because, going back to point two above, they refunded me that money in late 2010. But 1 1.2 years after they come to me again wanting money from before that refund.. when they should have looked at my finances then anyway.
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Crazy-mrt wrote: »
    I pressume this will be for another miss calculation for 2011-2012
    .

    Not possible. It will be Autumn before they start issuing automatic reconciliation statements for 11/12.

    The £238.01 looks remarkably adjacent to £237.80 + repayment supplement to me?

    However, post back when you get the detail? As you're missing the point I was hinting at in my last post.
    If you want to test the depth of the water .........don't use both feet !
  • Crazy-mrt
    Crazy-mrt Posts: 16 Forumite
    Eighth Anniversary Combo Breaker
    yeah.. hoping the detail will be in the post tomorrow!

    I did take note of the fact that its rather close - but it wouldnt make any sense as it shows it as an adjustment on the statement from that year..?!
  • Crazy-mrt
    Crazy-mrt Posts: 16 Forumite
    Eighth Anniversary Combo Breaker
    Mikeyorks wrote: »
    Not possible. It will be Autumn before they start issuing automatic reconciliation statements for 11/12.

    The £238.01 looks remarkably adjacent to £237.80 + repayment supplement to me?

    However, post back when you get the detail? As you're missing the point I was hinting at in my last post.


    Turns out you were spot on! after closer inspection of the letter with the attached cheque it was for 2010 - 2011.. the year they supposedly adjusted... am not quite sure what to do now to be honest!...

    Could anyone help? should I pursue the 2007-2008 claim theyre making i.e. tell them am not going to pay, how do i word it bearing in mind I've already had one rejection letter rejected and one complaint letter rejected..?
  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If they've refunded 10-11 ...... that strongly suggests they've given up 07-08. Can't read it any other way?

    Does it not clarify the reason for the overpayment on the P800 cover.
    If you want to test the depth of the water .........don't use both feet !
  • Update:


    After second review ESC A19 does not apply in your case and the tax is still due.


    Even though we did not use the information that we received from you or a third party properly or on time, we cannot accept that you thought that your tax records were correct. This is because the tax you owe was large enough for you to notice.


    My complaint will be along the lines of:


    HOW could I possibly know how much tax was owed when you never calculated until January 2010?


    Despite me writing to them in 2007 and calling 2008 – them failing to act on P11D July 2008
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