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Annual Declaration

Hi

Can any one tell me if they have had a similar situation to this.

I have had a letter this year stating that for the tax year 2006-2007 they never received my annual declaration so they are asking me to pay all monies in that period back.

They are not saying I have been over paid just they claim to have never got the form.

In June /July of this particular year I moved in with my partner, they acknowledge that they were told this info sent me out a new claim for for the joint claim all was filled in and duly sent back no probs new claim got up and running - annual declaration arrived filled in like all the forms they send me -- now they are syaing I never returned the declaration so I have 2614.03 which was paid to me in that tax year all to pay back, I have rang them to try resolve I have appealed I have appealed again - I have had more demands saying NOTICE OF LEGAL PROCEEDINGS - I have called again and was basically told if I could prove when I posted the form then they would consider I m afraid I have slept since the tax year 2006 - 2007 but I have assured them i woulld of filled it in after all when I told them about a change of cicumstance the money was less not more so why would I not fill in an annual dclaration.

Please has any one had any thing remotely similar - I have wrote again this week asking for further proof that they havent received the form - nothing so far

Hope some one can advice

Thanks LD:o :rolleyes: :mad:
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Comments

  • alison999
    alison999 Posts: 1,769 Forumite
    its not up to them to prove they didnt get it but up to you to prove that you sent it. ive never been in this situation but there are some people that work with tax credits that should be able to help. if you have to repay it though (there is a reason they can do this but i cant remember what it is) cant you figure out some repayment plan with them?
  • LINDYDAWN
    LINDYDAWN Posts: 29 Forumite
    Hi Alison999

    The point here is the monies I claimed were claimed fairly, I cant prove that the annual declaration was posted on a certain date, but the point is I ended one claim and started another all the info was sent out to me and filled in including my declaration, no payments were ever stopped by them which I understand would have been done automatically if they hadnt received my declaration now 3 yrs down the line they are expecting me to remember exactly when I posted the form, Im thinking have they lost the form / has it gone to a wrong dept, they dont have the best track record for been on the ball - so how come that is the only one they havent received? I also made a call re this at the time.

    :rolleyes: :( :question: :huh:
  • alison999
    alison999 Posts: 1,769 Forumite
    LINDYDAWN wrote: »
    I also made a call re this at the time.

    :rolleyes: :( :question: :huh:

    what did they say when you called?
  • LINDYDAWN
    LINDYDAWN Posts: 29 Forumite
    They asked about actual income or estimated, they said I has put a cross in estimated by mistake, so she altered it to actual whilst I was on the phone.
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    LINDYDAWN wrote: »
    Hi

    Can any one tell me if they have had a similar situation to this.

    I have had a letter this year stating that for the tax year 2006-2007 they never received my annual declaration so they are asking me to pay all monies in that period back.

    They are not saying I have been over paid just they claim to have never got the form.

    In June /July of this particular year I moved in with my partner, they acknowledge that they were told this info sent me out a new claim for for the joint claim all was filled in and duly sent back no probs new claim got up and running - annual declaration arrived filled in like all the forms they send me -- now they are syaing I never returned the declaration so I have 2614.03 which was paid to me in that tax year all to pay back, I have rang them to try resolve I have appealed I have appealed again - I have had more demands saying NOTICE OF LEGAL PROCEEDINGS - I have called again and was basically told if I could prove when I posted the form then they would consider I m afraid I have slept since the tax year 2006 - 2007 but I have assured them i woulld of filled it in after all when I told them about a change of cicumstance the money was less not more so why would I not fill in an annual dclaration.

    Please has any one had any thing remotely similar - I have wrote again this week asking for further proof that they havent received the form - nothing so far

    Hope some one can advice

    Thanks LD:o :rolleyes: :mad:

    I am in the same position and have been on appeal for over 18 months now. They sent me a letter via my MP saying (we are not saying Mrs ** didn't return the form,but that we did not recieve it.'
    I was on the phone to them about various things at the time when the form was due/overdue-which they have acknowledged-but state that I would have needed to ask the advisors,they wouldn't have reminded me about the form. They have also now aid I could have told them by phone-yet they never asked when I was on the phone and I was 'blissfully' unaware that the form wasn't recieved. This is my 3rd time they have demanded repayment-first 2 times they admitted they were wrong (those times weren't about missing forms)they are demanding over 3 grand.
    Last week they stopped my payment saying they hadn't recieved my form (had made a new single claim) but this time was armed with my prrof of posting! They have quickly reinstated so I can't complain but am very anxious as to how I will repay the other-I am sure I will have to as they recover 100% now.
    Tomorrow is always fresh, with no mistakes in it!
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    When my MP queried with them if all should be sent registered to avoid this they said it was unecessary. I know when I posted but have no proof (poted at the same time as an insurance claim-which got to destination safely.)
    I have been told that I was entitled to the money-but became unentitled when the form went missing. I had no warning that the form was missing,wheras last week I had a letter stating the declaration hadn't been recieved-is this a new thing?
    There was a policy that retrieval wouldn't be persued if 'the public purse wasn't affected detrimenatally'ie someone getting something they aren't entitled to',but they have obviously changed this now.
    I have recieved notice of court proceedings even though I haven't recieved the evidence I asked for or decision letter-did you get a decision letter? On screen my case still states a decision hasn't been reached!
    Tomorrow is always fresh, with no mistakes in it!
  • LINDYDAWN
    LINDYDAWN Posts: 29 Forumite
    Hi

    Yes I have appealed, and they are refusing saying that I can not take this to the ombudsman, my next point of call will be my MP, at the moment I am waiting a reply from a letter I wrote stating that I have posted the form - no reason not to - I have asked them for a full breakdown of all monies paid in the tax year in question also all correspondence they have received form me they already admit they have on record my phone call for change of circumstance and I also called about this declaration ( unfortunately I cant say when maybe it would be worth asking the phone company for all numbers called that year )as I hadnt put a x in the box actual income and the girl who I spoke to said it had been done there and then whilst I spoke to her. I think they have made many mistakes in the past and we are now paying for this:o :rolleyes:
  • LINDYDAWN
    LINDYDAWN Posts: 29 Forumite
    There was a policy that retrieval wouldn't be persued if 'the public purse wasn't affected detrimenatally'ie someone getting something they aren't entitled to',but they have obviously changed this now.


    When did you hear this and why do you think this has changed?
  • LINDYDAWN
    LINDYDAWN Posts: 29 Forumite
    There was a policy that retrieval wouldn't be persued if 'the public purse wasn't affected detrimenatally'ie someone getting something they aren't entitled to',but they have obviously changed this now.


    When did you hear this and why do you think this has changed?
  • bestpud
    bestpud Posts: 11,048 Forumite
    Did you not receive any award notices from them after the form went missing?

    I worry when I read threads like this as it seems like none of us would know if we have overpayments building up!

    However, I take the new award and finalised award from the year before (usually arrive a couple of weeks after renewal) as confirmation that all is well.

    Did you receive any of this? If not, did you receive something different? Or just the letters about the overpayments a year later?

    It seems wrong that people are left unaware of these problems for so long. :eek:
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