Proof of calls to HMRC

elainep

As part of a painful and ongoing saga related to alleged working tax credits overpayments, I need to prove that I called HMRC on two specific occasions in 2011. I believe they updated my records only partially (which resulted in the overpayments) as a result of my calling them. I no longer have the paper bills from my phone provider (Virgin Media) they are unavailable online and Virgin are saying that as the bills are from a closed account (previous property) and over 12 months old they can't help. I have two questions: Should I keep trying to get the bills from Virgin (do they have to keep records longer than 12 months?) and has anyone successfully managed to get transcripts of phone calls from HMRC under a Data Protection request? Many thanks.

Icequeen99

elainep wrote: »

As part of a painful and ongoing saga related to alleged working tax credits overpayments, I need to prove that I called HMRC on two specific occasions in 2011. I believe they updated my records only partially (which resulted in the overpayments) as a result of my calling them. I no longer have the paper bills from my phone provider (Virgin Media) they are unavailable online and Virgin are saying that as the bills are from a closed account (previous property) and over 12 months old they can't help. I have two questions: Should I keep trying to get the bills from Virgin (do they have to keep records longer than 12 months?) and has anyone successfully managed to get transcripts of phone calls from HMRC under a Data Protection request? Many thanks.

You can ask for the recordings from HMRC. It is fairly straightforward you just send a written request.

However if the subsequent award notice showed their mistake you need to also show you told them of their mistake. Showing they made a mistake in the first place isn't enough to get an overpayment written off.

IQ

elainep

Thanks for your speedy reponse I will start the data access request ASAP.
Interestingly whilst HMRC are saying that they have 'no phone record' that indictates I told them our incomes had increased (husband and I came off JSA into full time jobs) - they are NOT saying that they have NO phone record at all. They did manage to change our working hours from nil to 35/37 hours though. If this info wasn't collected from me calling them then I don't know how they would have known.
I would have noticed their mistake earlier if they hadn't sent the award notice (in which they reverted back to the old income) to our old address. We have other correspondence from them prior to the award notice that indicates they DID know about the increase in income. I've pointed this out to them several times and they just won't budge.
We've disputed and appealed their decision, today a letter arrives to say they are taken legal action to recover. Thinking of making a token offer of monthly payment - can this be done 'without prejudice' on the basis that if they finally come round we would get anything we'd paid back? I really want them to to stop their threats of removing my wordly goods

Icequeen99

elainep wrote: »

Thanks for your speedy reponse I will start the data access request ASAP.
Interestingly whilst HMRC are saying that they have 'no phone record' that indictates I told them our incomes had increased (husband and I came off JSA into full time jobs) - they are NOT saying that they have NO phone record at all. They did manage to change our working hours from nil to 35/37 hours though. If this info wasn't collected from me calling them then I don't know how they would have known.
I would have noticed their mistake earlier if they hadn't sent the award notice (in which they reverted back to the old income) to our old address. We have other correspondence from them prior to the award notice that indicates they DID know about the increase in income. I've pointed this out to them several times and they just won't budge.
We've disputed and appealed their decision, today a letter arrives to say they are taken legal action to recover. Thinking of making a token offer of monthly payment - can this be done 'without prejudice' on the basis that if they finally come round we would get anything we'd paid back? I really want them to to stop their threats of removing my wordly goods

Yes, absolutely you can make an offer. In fact I always advise people to do so when dealing with tax credits cases, if you win the dispute then you will get it back. Otherwise, you will end up in county court or distraint if you keep ignoring HMRC.

Good luck

IQ

elainep

Thanks IQ. We haven't ignored HMRC at all, they just keep ignoring us I am in the middle of writing a response to their 'final decision' - which still doesn't fully address our points. AND I'll make them an offer on Tuesday and make the data request. Three pronged attack!

rogerblack

elainep wrote: »

. I no longer have the paper bills from my phone provider (Virgin Media) they are unavailable online and Virgin are saying that as the bills are from a closed account (previous property) and over 12 months old they can't help. ...
Data Protection request

You can also do a DPA request to virgin mobile - it may cost you £10 - but will have all of the data they hold on you.
It is however possible they delete the data.

elainep

thanks rogerblack

neil_999

Taking on the tax man...very brave and commendable! I wish you good luck, I've claimed tax credits for 5years and had nothing but trouble. If a gas supplier treating people like they do, they'd go bust!

Dunroamin

elainep wrote: »

Thanks for your speedy reponse I will start the data access request ASAP.
Interestingly whilst HMRC are saying that they have 'no phone record' that indictates I told them our incomes had increased (husband and I came off JSA into full time jobs) - they are NOT saying that they have NO phone record at all. They did manage to change our working hours from nil to 35/37 hours though. If this info wasn't collected from me calling them then I don't know how they would have known.
I would have noticed their mistake earlier if they hadn't sent the award notice (in which they reverted back to the old income) to our old address. We have other correspondence from them prior to the award notice that indicates they DID know about the increase in income. I've pointed this out to them several times and they just won't budge.
We've disputed and appealed their decision, today a letter arrives to say they are taken legal action to recover. Thinking of making a token offer of monthly payment - can this be done 'without prejudice' on the basis that if they finally come round we would get anything we'd paid back? I really want them to to stop their threats of removing my wordly goods

Do you have proof that you notified them of your new address?

shedboy94

neil_999 wrote: »

Taking on the tax man...very brave and commendable! I wish you good luck, I've claimed tax credits for 5years and had nothing but trouble. If a gas supplier treating people like they do, they'd go bust!

No-one is forced to claim Tax Credits.

Buzby

Proof that a call was made won't get anywhere - you need your own recording. You could have spoke to anyone about anything and I seriously doubt after 3 years they would retain a copy of their own call record.

You always need to keep your own corroboration. You never now when you may need it!