Fuming with HMRC

Icequeen99

FBaby wrote: »

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?

It is interesting you mention the onus of proof. In order to terminate a current claim (providing it is a claim and an initial decision for the year has been made), it is HMRC who carry the burden of proof to show that the OP is not single. I.e. they must show she is a couple. They cannot end the claim if the OP didn't show enough evidence that she was single UNLESS they have enough evidence to show she is part of a couple.

However, compliance officers are often so focused on the result they forget this and most claimants don't know the burden of proof is on HMRC.

It is different for enquiries into previous year and initial claims.

IQ

Janep

After submitting evidence on the first decision I contacted the compliance officer and was told the decision was upheld because I had failed to supply two pieces of evidence, so I asked if I was to send these documents in would the decision be overturned and I was told yes.

After submitting the two documents, I then received a decision from a different compliance officer saying the decision still stands and after contacting her was told only she had only looked at the two additional documents. If both compliance officers had looked at all evidence together sent in then I guess they would not have reached the decision that they came to. I have requested a SAR.

princessdon

Also to add to above can his bank accounts provide evidence?

Eg if he never has an entry for soft play, child related activities in the month of say June - Aug and your bank statments by comparison show all the child related activities?

Janep

In response to Princessdon's post, we split the bills exactly 50/50, at the end of the tax year we add up the bills he pays ie council tax, water, then add up the bills I pay electric, gas etc and if one has paid more than the other then one pays the other any additional costs.

He provides absolutly nothing towards myself or my children as he is only a housemate. He earns as I can only assume (I have never asked) a much larger wage than myself but we pay 50/50 on bills as what was stipulated when we bought the house.

I drawn all of my tax credits out of my postoffice account on a Wednesday and use this to put money on budget cards for my bills and pay any outgoings for the children out of this.

I work for the DWP and I am sure they would provide statements to say I am a single parent (really didn't want to go down this route as it is my private business, but will if I have to.)

I guess I can approach Dentist/GP to confirm that it is just myself and children on their records.

Hmm his bank statement certainly wouldn't show any activity in regards to child activity but I would feel uncomfortable asking him, (I'm sure he would want to help, but I feel that I would be invading his personal space so to speak)

Thank you Princessdon, you have certainly given me more ideas of evidence I can use in regards to proving my single status.

princessdon

His accounts can prove differences.

Eg as a couple you wouldn't find on mine or my OH a shop a few days apart. As flatmates if shopped at Tesco on the Saturday (full shop) and he shopped at Sains on the Sunday (full shop) it isn't normal family behaviour.

As I say - I rarely believe posts like yours, but I don't dispute your's. Look outside the box (financial ties are going against you) and look at what you would do if you were a couple and see what evidence you have.

Even something simple like old FB posts where you have had dates - or holidays taken separately etc.

Poppie68

Asking your dentist/GP for 'evidence will be a waste of time i would think. We have patients that are registered with us and their partners/spouses are at registered with other practices, its a question we ask when people apply to our practice for data protection reasons.

Janep

Actually, my housemate is putting in a complaint to HMRC at the moment, as when I first phoned up the HMRC, I was asked if I knew my housemate had taken out a loan at my property. (I didn't know this, as it's his own private business and he has every right to do this). He was furious with them for telling me this confidential information.

Yes I do a large shop once a week for myself and children, but I do not think he Evers does a large shop judging by his shelves in the fridge lol, he usually orders takeaways or I assume eats out after finishing work.

I also have email evidence of two £38 newspaper holidays I have taken with the children stating one adult, two children.

Thanks Poppie68 for that insight

Janep

As additional evidence I received the exact same letter Mr x lives at your address last year, I told exactly the same reason as this year, altho I wasn't asked to send evidence in last year and received a letter back saying they do not need to amend my award. I still have copies of these letters. My circumstances have not changed, but was accepted last year.

sunflower_2

its a strange set up - but with house and rental prices these days - it is understandable.

the only idea i can offer is - has he had a girlfriend/boyfriend whilst living with you? perhaps they could make a statement to this effect?

what about the neighbours? can they not vouch for you?

hope you get this sorted - nothing worse than not being "believed" when you are doing nothing wrong.

sunflower_2

incidentally - how did they know you love together?

has someone been spiteful? a bitter ex?

would be helpful to understand if they had something making them not believe your claim - you would then know what you are up against.