Incorrect Tax Credit "help" desk advice
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schmooser
Posts: 39 Forumite
Anyone any similar stories / advice regarding the following? Here's the story in a nutshell (I know it's always hard discussing Tax Credits without it turning into a frustrated tirade!)
So here goes:
April 2003 - changed jobs and took large salary cut meaning our household income made us eligible. (Previous 2 years total household income above the threshold for tax credits).
May 2003 - attempted to claim for tax credits online. As this was based on previous years income we knew it would come out at a big fat zero. It wouldn't allow for estimates. Rang the official Tax Credit helpdesk (!?!) and were advised that we could claim at the end of the tax year when we knew what our actual figures were for that year. (not unreasonable I thought as most other tax things are sorted out in arrears)
May 2004 - claimed tax credit based on that advice and have now been notified that they only backdate from 3 months from date of claim! So we have lost out on 10 months tax credit due to incorrect advice. (Apparently, should have claimed then, be officially told it was a big fat zero, and then notify of changes at the end of year!)
So after a few recent, frustrating calls, and going through the first appeal hurdle, where theoretically there is a negotiation with a view to settling - the outcome of which from them was you've had all you're getting, "any incorrect advice from us is irrelevant"!! so going to a tribunal in four weeks.
Unfortunately this hinges on a phone call about 15 months ago, of which I am struggling to prove happened. Although virtually all documentation from them has some error on it which will all work in my favour (including referring to me by the wrong name and incorrect dates being referenced - proving that they don't know their backside from their elbow!)
Anyone any suggestions as to how I can swing this in my favour, 'cos at the moment it's my word against theirs. Tribunal early October.
(Sorry, that was quite a big nutshell!)
So here goes:
April 2003 - changed jobs and took large salary cut meaning our household income made us eligible. (Previous 2 years total household income above the threshold for tax credits).
May 2003 - attempted to claim for tax credits online. As this was based on previous years income we knew it would come out at a big fat zero. It wouldn't allow for estimates. Rang the official Tax Credit helpdesk (!?!) and were advised that we could claim at the end of the tax year when we knew what our actual figures were for that year. (not unreasonable I thought as most other tax things are sorted out in arrears)
May 2004 - claimed tax credit based on that advice and have now been notified that they only backdate from 3 months from date of claim! So we have lost out on 10 months tax credit due to incorrect advice. (Apparently, should have claimed then, be officially told it was a big fat zero, and then notify of changes at the end of year!)
So after a few recent, frustrating calls, and going through the first appeal hurdle, where theoretically there is a negotiation with a view to settling - the outcome of which from them was you've had all you're getting, "any incorrect advice from us is irrelevant"!! so going to a tribunal in four weeks.
Unfortunately this hinges on a phone call about 15 months ago, of which I am struggling to prove happened. Although virtually all documentation from them has some error on it which will all work in my favour (including referring to me by the wrong name and incorrect dates being referenced - proving that they don't know their backside from their elbow!)
Anyone any suggestions as to how I can swing this in my favour, 'cos at the moment it's my word against theirs. Tribunal early October.
(Sorry, that was quite a big nutshell!)
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Comments
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That is absolutly apalling! It all goes to prove that when it comes to the tax credit people, NEVER take what they say on face value. Which is riduculous as they are there to supposedly help you and give you the correct guidance!!
I think it's becoming increasingly obvious that people as individuals are having to get themselves alot more clued up as you just can't rely on the info given out on the helpline. One thing I learned to do (although shouldn't have to) is to ask the same question 3 times on 3 different occasions to 3 different operators, usually over the course of a week. If you get the same answer each time its slightly more likely that you are getting the right info, and if you get contradictions then it starts the alarm bells off at an early point.
I think the whole system of using the previous 12 months as an indicator is useless anyway. WIth my own situation, I had to fill out the application online, knowing it would be totally wrong, then wait for an award notice, then phone them up, then give them the correct estimated figures for this year then wait for a new award. Wouldn't it have just been easier if there was a way to bypass the last years income part if you know it's nothing like this what this years is going to be and get straight to the correct info?
As for what you can do, I'm sorry that I don't have anything practical to offer. It is difficult to prove what's been said in a phonecall, although common sense would tell anyone that you wouldn't have waited til the end of the year unless you were doing so because that's what you were told to do, so maybe if they judge it from a common sense aspect rather than proving this or that, you might get a more favourable result.
The only thing you can do in future is always get the full name of the person you speak to, and make notes of all conversations in as much detail as possible, and perhaps try my 'ringing 3 times in 1 week with the same question' trick.
Hopefully someone here will be able to give you some more practical help, but all the best.
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Your Citizens Advice Bureau or other Welfare Benefits advisor can represent you for this. Get in touch with them as soon as possible so you have time to discuss it with them and they have time to collate the evidence with you. Have you got a record on your phone bill or can you get hold of one from your provider? You will have more success if you take a representative and also if you attend yourself.Torgwen.......... ...........0
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