DWP say they can't trace my call....

kerry3280

Hi all, I'm hoping someone on here will have dealt with a similar situation. Basically in Jan this year I called the tax credits helpline and was advised that I wasn't entitled to claim WTC. Fast forward to May of this year and a friend advises me that I've been given the wrong information. Lo and behold, when I ring the helpline again, I'm told that yes I AM entitled to WTC, which I am now receiving. HOWEVER, as the person on the intial call never went into my file, he never made a note of my call. I have raised a complaint and provided them with the time, date, duration etc of the call, which is clearly shown on my phone bill but they are saying that as my phone number comes up 'withheld' when I call out, they cannot trace it. End of.

Obviously I'm seriously unhappy about this as it's quite a lot of money they owe me based on wrong advice given at their end.

What can I do????

Please help!

davehughes182

If they can not trace your call then I think there is little else you can do unfortunatly. (i could be wrong)
And its HMRC not DWP who deal with WTC

Icequeen99

kerry3280 wrote: »

Hi all, I'm hoping someone on here will have dealt with a similar situation. Basically in Jan this year I called the tax credits helpline and was advised that I wasn't entitled to claim WTC. Fast forward to May of this year and a friend advises me that I've been given the wrong information. Lo and behold, when I ring the helpline again, I'm told that yes I AM entitled to WTC, which I am now receiving. HOWEVER, as the person on the intial call never went into my file, he never made a note of my call. I have raised a complaint and provided them with the time, date, duration etc of the call, which is clearly shown on my phone bill but they are saying that as my phone number comes up 'withheld' when I call out, they cannot trace it. End of.

Obviously I'm seriously unhappy about this as it's quite a lot of money they owe me based on wrong advice given at their end.

What can I do????

Please help!

So you have phone bill proof that you made the call?

What was the wrong advice you were given?

I would suggest you get some advice. Try CAB or https://www.litrg.org.uk or https://www.taxaid.org.uk

In the meantime, take the complaint to tier 2.

IQ

EclipsedMind

Icequeen99 wrote: »

So you have phone bill proof that you made the call?

What was the wrong advice you were given?

I would suggest you get some advice. Try CAB or https://www.litrg.org.uk or https://www.taxaid.org.uk

In the meantime, take the complaint to tier 2.

IQ

Whilst the OP can prove a call was made to them that is not proof that wrong advice was given. The OP could have discussed weather or cricket for all we know. Unless they find the recording of the call then there is no evidence you were wrongly advised.

It is irrelevant what advice was given unless you can prove it.

However with the time of the call and date from the bill I would expect that they could trace it if they tried hard enough. Although they might have to listen to all of the calls recorded at or around that time which could be expensive in manpower terms.



EM

Icequeen99

EclipsedMind wrote: »

Whilst the OP can prove a call was made to them that is not proof that wrong advice was given. The OP could have discussed weather or cricket for all we know. Unless they find the recording of the call then there is no evidence you were wrongly advised.

It is irrelevant what advice was given unless you can prove it.

However with the time of the call and date from the bill I would expect that they could trace it if they tried hard enough. Although they might have to listen to all of the calls recorded at or around that time which could be expensive in manpower terms.



EM

There was a period when HMRC didn't record calls to the tax credits helpline back in 2004. In that situation, HMRC gave assurance that where a recording couldn't be traced, the claimant would be given the benefit of doubt as to what was said.

I would be pushing for a similar assurance to be given here given that the OP has proof a call was made. Indeed they could have discussed anything, but the the OP could make a statement of her recollection of the events and the surrounding events (that she did indeed make a claim) all add to her story and therefore if I was taking this case further would be arguing that the claimant be given benefit of the doubt.

IQ

dookar

Sure they can trace it, they just can't be bothered.

You have the date and time. They just need to search all withheld numbers on that date at that time and listen to them until they find yours

BottomRung

I bet they'd find it quick enough if you owed THEM money. ;-)

kerry3280

Hi guys, thank you all for taking the time to reply to my question.

I confirmed with them today that ALL calls are recorded so as posters have suggested, my call has to be there somewhere! I have the exact time of the call down to the second so, even taking into account the number of calls they get daily, there can't be that many, at that exact time, from witheld numbers that they couldn't trace it. Even if it meant someone sitting down for a couple of hours and listening to loads of calls. As others have suggested, I suspect this is a question of not wanting to allocate the resources to it.

I was informed today that I can appeal the decision, which I intend to do but unless they are prepared to trawl through the calls I suspect they'll just tell me it's tough.

I'm soo angry because I know the truth of what I am saying. And as the posted above said, I'm sure if the call was one that was needed to prove that I owed them money they'd find it quick enough! :mad:

davehughes182

i expect they will be able to trace the call. its a shame that its taking you to appeal before they do, but i think and hope they do for you.

Icequeen99

kerry3280 wrote: »

Hi guys, thank you all for taking the time to reply to my question.

I confirmed with them today that ALL calls are recorded so as posters have suggested, my call has to be there somewhere! I have the exact time of the call down to the second so, even taking into account the number of calls they get daily, there can't be that many, at that exact time, from witheld numbers that they couldn't trace it. Even if it meant someone sitting down for a couple of hours and listening to loads of calls. As others have suggested, I suspect this is a question of not wanting to allocate the resources to it.

I was informed today that I can appeal the decision, which I intend to do but unless they are prepared to trawl through the calls I suspect they'll just tell me it's tough.

I'm soo angry because I know the truth of what I am saying. And as the posted above said, I'm sure if the call was one that was needed to prove that I owed them money they'd find it quick enough! :mad:

You can't appeal the decision. There is no decision to appeal as they said you weren't entitled, they didn't actually get as far as making an appealable decision.

Or have they suggested you appeal for longer backdating on the new claim?

I would suggest you get advice, because you need to make sure you take absolutely the right steps and appeal the correct decisions as if you don't it could mean you are too late to correct it later.

IQ

kerry3280

Icequeen99 wrote: »

You can't appeal the decision. There is no decision to appeal as they said you weren't entitled, they didn't actually get as far as making an appealable decision.

Or have they suggested you appeal for longer backdating on the new claim?

I would suggest you get advice, because you need to make sure you take absolutely the right steps and appeal the correct decisions as if you don't it could mean you are too late to correct it later.

IQ

Hi IQ,

Yes as I understand it they are saying I need to appeal for my current claim to be backdated to when I made the call in January. I'm told this appeal can take up to 20 weeks - deep joy!

I still don't think I will get anywhere though as it is not in their interests for me to be proved right so they will undoubtedly palm me off.

I have no intention of letting this go however, I was given the wrong information which has cost me a lost of stress and money and, not only that, but who else is he giving his wrong advice to? :mad: