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If you don't understand the jargon and terminology the Tax Credit Office (TCO) and Her Majesty’s Revenue and Customs (HMRC) use, please read Understand the Jargon, then return here. If you haven't started the dispute process yet, but have received a summons, please read Dispute Not Started ? If you have already started your dispute, the priority at the moment is to get the Court case stopped. You have good grounds to do this if you feel you have received no final response to your last RRR / Dispute / letter / data request / report of faulty data / complaint. Because, if they have not done an RRR response, or they didn't send you the result, or if you have submitted an RRR etc. to either the Adjudicator or the Ombudsman, the process has not yet been exhausted. This basically means they can’t take you to court yet. Don't think that if you get to court you will "have your say"! HMRC issue a "Certificate of Debt", and the court HAS to find in their favour. Nothing you say will make ANY difference. Read A Cautionary Tale, if you haven't already! The first thing to do is contact your MP as soon as possible. If they need persuading that they need to act immediately, (i.e. now), insist that they are your only representation in this matter, it is their duty to uphold your rights and that your MP is the only person who can contact the following offices on your behalf. MPs contact details can be found here, MP’s Contact Details, or there's an easier search for your MP here. Local directories should also list an evening contact number for them. Get your MP to ring the MP Tax Credit Hotline. Your MP will probably need your National Insurance number. Get them to lodge a complaint that the Appeals / RRR / Dispute process has not been exhausted and order that the court case is withdrawn. If they need some guidance on what to say, tell your MP to use the arguments in my second paragraph, above. Get your MP to instruct the Directors' Customer Service Team to CONFIRM the case has been halted. If the Director’s Customer Service Team refuses, point out that they are breaking their own legislation on recovery practice. If they will not confirm it, your MP needs to ring :
….. until they confirm the case has been halted due to the fact the dispute process has not been exhausted and recovery cannot take place. That should get it halted, and give you some breathing space to complete the TCO Dispute process, then the extended appeals process. Now go to How to Dispute. You may have already started some of the steps, i.e. the data request (Dispute - Step 2) and/or contacting your MP (Dispute - Step 4). That's not a problem. Just make sure to do the in-between bits. Hope this helps. Sorry it's so convoluted, but unfortunately that's the TCO’s fault. Please contact me if you have any questions. |
Please note that we are not tax professionals and are working on a voluntary basis, unpaid, in our ‘free time’. Between us, we have a lot of experience and knowledge in this area, gained over the last few years of supporting victims and helping them fight for justice and their rights. But legislation, operating practice and individual cases change all the time. While we aim to be professional and accurate at all times, please understand the circumstances we are working under, and accept our support, guidance and information in the sprit it is offered; goodwill and camaraderie.
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