HMRC Tax Rebate Stolen

dad_researcher · 16 August 2019 at 9:44PM

Hi, I wonder if anyone can help with some advice? My son in law has recently become self employed sub contracting and having a certain percentage automatically deducted from his wages by the company accountant. He was then told he had overpaid and HMRC were going to refund him £1400. He waited and waited for his cheque, the he finally rang HMRC to be told it had been sent to a tax claim company acting in his behalf. He knew nothing of this and asked HMRC for proof that he had authorised this. They sent him a form signed in April 2019 with a clearly forged signature. They have now told him they can do nothing and to get in touch with the company. Of course the company cannot be contacted and have a P.O. Box as an address. He has reported it to the Fraud department but they said all they can do is investigate but they can't get his money back. Surely this cannot be right? HMRC should be liable shouldn't they?

Dazed_and_confused · 16 August 2019 at 9:56PM

Liable for what?

Has he reported it to the police?

If he is a subcontractor he doesn't get wages, he is self employed, effectively running his own business. Albeit one which has some tax deducted from his earnings.

He was then told he had overpaid and HMRC were going to refund him £1400

Who told him this?

They sent him a form signed in April 2019 with a clearly forged signature.

Clearly forged when compared to what?

BoGoF · 16 August 2019 at 10:07PM

So how did this company manage to get hold of his persomal details?

Did he submit a Tax Return?

Who is the company?

dad_researcher · 16 August 2019 at 10:17PM

You have asked liable for what? I would hope that they would refund him the money the correct way. To be clear there is no confusion he is owed the money, it is that instead of sending it to him personally or via his legitimate accountant, they sent the refund cheque to a fraudulent company (there is a lot online regarding this particular company ) who have contacted HMRC and told them to send any tax rebates to them by using a letter of consent which was forged ( it was in his name but not his genuine signature) Yes, he has reported it to the Fraud squad as I put in my post but they can't help him retrieve his money. To put it clearly, HMRC appear to have been scammed so surely they still owe my son in law his rightful repayment? There are many posts online confirming this is happening and in the US the money is refunded but HMRC have just basically told him tough luck. I was hoping someone on hear may have some knowledge of how to go about complaining ? My daughter and son in law are two incredibly hard working people, who both work full time, with a young toddler and a baby on the way. They have saved and managed to buy their first home but cannot afford to pay a solicitor to advise them.

Dazed_and_confused · 16 August 2019 at 10:24PM

To be clear there is no confusion he is owed the money

How did this company happen to know he was due £1,400 refund?

Seems a coincidence that they have filed some forged paperwork which produces the same refund as his legitimate accountant had calculated?

dad_researcher · 16 August 2019 at 10:25PM

We have no idea how they have managed to get his personal details. Presumably his accountant has submitted a tax return on his behalf and this is why he was due a refund. I am sorry don't know the name of the scam company myself, although he obviously does. Tried texting him but think they are already in bed. Can find out tomorrow.

Dazed_and_confused · 16 August 2019 at 10:27PM

To be honest I think this is more a legal matter than a tax one.

dad_researcher · 16 August 2019 at 10:30PM

Dazed and confused, would they need to know the amount? Apparently they are a company who say they specialise in tax rebates and contacted HMRC to say any rebates payable to my son in law should be paid to them. As he has a legitimate accountant he knew he hadn't signed up to any such thing and asked to see a copy of the consent form, which as I have mentioned did have his details on but he had never seen it and the signature was not his.

dad_researcher · 16 August 2019 at 10:34PM

I realise this isn't a usual tax type of question, it is more how does he go about complaining and putting his case? They are completely daunted by the fact it is a huge government organisation and are resigned to the fact they have lost the money, but it seems so unfair, unlike other scams HE personally hadn't been careless it is HMRC who have been.

Dazed_and_confused · 16 August 2019 at 10:37PM

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/complain-about-hmrc

BoGoF · 16 August 2019 at 10:48PM

Who is his 'real' accountant. I know of more than one that would insist that any refund be paid direct to them in the first instance to cover fees......and they also use a PO Box no.

HMRC Tax Rebate Stolen

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