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Fuming with HMRC

245

Comments

  • Janep
    Janep Posts: 77 Forumite
    Never been too great with my grammar:)
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    Janep wrote: »
    As I stated in a previous reply, I phoned the compliance officer who made the decision, and was told her decision was based on ONLY the two additional documents I had sent in. Every piece of evidence I have sent in is in regards to me being single.

    I was also told my the compliance officer today, that yes they do supply a Statement of Reasons, but only if requested by an MP

    There is no such thing as a statement of reasons in tax credits legislation as there is in DWP legislation. The compliance officer is wrong and there is certainly no 'special' statement that you can get through your MP that isn't otherwise available to everyone else. Sounds like the compliance officer was just trying to avoid dealing with the issue.

    IQ
  • princessdon
    princessdon Posts: 6,902 Forumite
    Janep wrote: »
    Never been too great with my grammar:)


    I wasn't saying it to pick up on spelling/grammar (worst culprit here for that), but rather it gives the impression you are now a couple and sharing a bedroom and bathroom. :)

    We Had our own rooms - Past Tense, we Have our own room s(still are)

    Tiny things like that can change the view of the reader very easily.
  • Janep
    Janep Posts: 77 Forumite
    I have spoken to my MP today, and she is phoning the hotline tomorrow to request a Statement of Reasons, (she was adamant that I could ask for this, even though I told her this was DWP legislation. I will keep you updated as to if/when I receive it.

    I would be more than happy with an explanation as to how the decision was reached, but either way I still do not know exactly what I am appealing!
  • Janep
    Janep Posts: 77 Forumite
    I was speaking in past tense as to when the house was purchased as I also stated the mortgage WAS in his name only. Ie it still is. But I do understand what you are saying, so thanks
  • Icequeen99
    Icequeen99 Posts: 3,775 Forumite
    Janep wrote: »
    I have spoken to my MP today, and she is phoning the hotline tomorrow to request a Statement of Reasons, (she was adamant that I could ask for this, even though I told her this was DWP legislation. I will keep you updated as to if/when I receive it.

    I would be more than happy with an explanation as to how the decision was reached, but either way I still do not know exactly what I am appealing!

    The appeal is against the decision to terminate your single tax credits claim. So the appeal should contain everything you have to show you are single.

    Even if you get an explanation, i wouldn't have thought it would change the appeal at all. I have done dozens of these appeals, and really why HMRC terminated isn't really relevant as in most cases it is because they have data showing a financial connection and don't accept what has been produced as overriding that financial data.

    So the appeal should focus on explaining any financial connections (get hold of your experian credit report) and why they exist, and then go through all of your evidence bit by bit and explain why it shows you are single.

    IQ
  • Janep
    Janep Posts: 77 Forumite
    edited 16 October 2012 at 8:11PM
    I have done exactly what you have suggested, I have provided all evidence in regards to financial associations via Experian and explained them fully, as a CAB adviser and my MP have also seen this evidence and still do not understand why my award was stopped.

    I also under stand the appeal is against the decision to terminate my single tax credit claim, but I still do not know how this decision was reached
  • Janep
    Janep Posts: 77 Forumite
    [QUOTE=Icequeen99; as in most cases it is because they have data showing a financial connection and don't accept what has been produced as overriding that financial data.

    So the appeal should focus on explaining any financial connections (get hold of your experian credit report) and why they exist, and then go through all of your evidence bit by bit and explain why it shows you are single.

    IQ[/QUOTE]

    you state yourself 'as in most cases etc'. But why should my appeal just focus on explaining any financial connections if this is not the reason my award has been stopped, I do not want to make that assumption I want to know the exact reason so I can product evidence to back this up!
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I think you need to differentiate between having submitted the documents requested and having provided evidence. I assume the onus was in you to prove you are not a couple and they considered that the documents submitted did not support that you are single so not evidence from their perspective?
  • princessdon
    princessdon Posts: 6,902 Forumite
    edited 16 October 2012 at 9:27PM
    I normally read posts like yours and think "yeah right" - I din't get that vibe with you. Let me explain why

    The way you split the bills, the way you both put the EXACT same amount into the "emergency fund", the way the £1K account hasn't been touched.

    All those things add credence to me as a casual observer. Can you take them further.

    Eg If I had a Deed drawn up with a partner it would be worded - If we split up, if I had a deed drawn up with a flat mate it would be if they default or move out. Is there any wording on your deed of trust to support your claim?

    Do you pay more cable etc? As you have children or is there a "sports element" he pays for?

    Do your own bank accounts support your personal bills? Eg do you pay your school meals for the kids, is there any child related payments that only you pay for?

    I think you are looking at how to "prove you are not a couple" and whilst that is the issue, can you look at "if I was a couple we'd do X and Y" and see if that supports it?

    Eg you say he's a workaholic so if he's on a larger wage, more savings, higher disposable income etc - Do you still split 50/50 - A
    couple would attribute more payments to the higher earner.

    Do you pay any bills separately that would be cheaper together?

    Eg if you have no spouse on car insurance? Or Income Protection where a joint policy would cost more?

    Can your GP/School confirm he isn't NOK or a contact for the children - can they support your claim?
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