HMRC's illegal closing down of appeals to the Social Security Tribunal

M Boyce made this Rhyddid Gwybodaeth request to Cyllid a Thollau Ei Mawrhydi

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Cyllid a Thollau Ei Mawrhydi.

Dear HM Revenue and Customs,

We now know that HMRC breaks the law on an industrial scale with regard to the little people, and it allows and encourages the big boys like HSBC to evade tax altogether. Good old HMRC.
I was recently (February 2015) informed by HM Courts & Tribunals Service that HMRC had illegally closed down my Working Tax Credit appeal to the Social Security Tribunal.HMRC was acting ultra vires with regard to the Tax Credits (Settlement of Appeals) Regulations 2014. HMRC had done this without my knowledge or my consent. The Judge wrote to me to inform me what HMRC was up to and to inform me that HMRC were not acting within the law. The exact words from HMRC with regard to my appeal were: 'we have closed it down'.Once a Tribunal appeal is in process, the Respondent (in this case HMRC) cannot unilaterally shut it down. Only the Tribunal judge or the Appellant can do that. Which part of this simple legal fact does HMRC pretend it does not understand?
The whole idea of an appeal to an independent tribunal is that the little people have some chance of obtaining justice and redress from an increasingly law-breaking HMRC. If HMRC is regularly CLOSING DOWN tax credit appeals ( did Gideon tell you to do this?), then the law in this country is even more corrupt then most people would ever believe.

(1) How many other appeals to the Social Security Tribunal regarding Working Tax Credit ( exact number) have HMRC illegally attempted to close down, or have actually illegally closed down ( in other words interfered with the courts and due legal process) in the last twelve months. I suggest you get your expensive £1000 per hour lawyers onto that one immediately.

Yours faithfully,

M Boyce

Cyllid a Thollau Ei Mawrhydi

Thank you for your communication of 4 April 2015, please note that this is being dealt with under the Freedom of Information Act, our reference FOI 1621/15 and the response will be with you in due course.

HMRC
Freedom of Information Team

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dangos adrannau a ddyfynnir

Cyllid a Thollau Ei Mawrhydi

1 Atodiad

FOI 1621/15

 

Please find attached our response to your information request.

 

Yours sincerely

 

John McEntee / Freedom of Information Team

 

The information in this e-mail and any attachments is confidential and may
be subject to legal professional privilege. Unless you are the intended
recipient or his/her representative you are not authorised to, and must
not, read, copy, distribute, use or retain this message or any part of it.
If you are not the intended recipient, please notify the sender
immediately.

 

HM Revenue & Customs computer systems will be monitored and communications
carried on them recorded, to secure the effective operation of the system
and for lawful purposes.

 

The Commissioners for HM Revenue and Customs are not liable for any
personal views of the sender.

 

This e-mail may have been intercepted and its information altered.

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear HM Revenue and Customs,

I know that you are illegally refusing people tax credits (to save money) and then if the claimant takes their appeal to the Social Security tribunal then you try and close the appeal by finally agreeing to pay what should have been paid originally many months previously. You can deny it as much as you like, but I know this is happening. Most people would drop their appeal if you finally agreed to pay them just before the Tribunal hearing. Job done - HMRC gets away with it. HMRC will also not pay compensation or interest to the claimant for costs incurred in bringing the case to tribunal, because they will not admit that they have done anything wrong. HMRC just say we have 're-processed' your claim - I speak from experience. I wonder what would happen if someone refused to pay tax to HMRC for six months, but then under threat of prosecution agreed to 're-process' their original decision not to pay to finally paying? They would be slapped with a very hefty fine and possibly sent to prison. HMRC, of course often behaves as it is above the law. I suspect that it actually is.
It is shameful double standards.

Yours faithfully,

M Boyce