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Prior to any appeals, you may even want to do a S. A. R in relation to yourself so that you can get an idea of everything they took into consideration before making a decision and see if they took a sufficient amount of time, involved any experts etc
@Daddyup still cant believe we have to go through all this [censored] to spend our own money!!!!
Prior to any appeals, you may even want to do a S. A. R in relation to yourself so that you can get an idea of everything they took into consideration before making a decision and see if they took a sufficient amount of time, involved any experts etc
@Daddyup (also @edpacket @jgdad)
I've received the information from DWP in response to my S.A.R. It has copies of letters and also a lot of notes on my case (which are quite difficult to read and contain a lot of acronyms but some useful text).
However I have scrutinised all the information sent to me and it does not contain any info on letters or other communication that the CMS have had with any 3rd parties - it only has the letters between myself and the CMS. I KNOW the CMS has written to and received a response from my mortgage provider (to see if it was a repayment or interest only mortgage - which is of relevance to the notional income variation) as the mortgage provider has told me so themselves and are in fact sending me details of that comms as part of my SAR with them. I also know that the CMS have sought and received information from the funds platform where my ISAs are. However there is nothing at all about these comms in the SAR pack that DWP have sent me.
Would you know if this information should be in the SAR pack from the CMS ?
Out of curiosity, if we incur costs proving that the CMS made an incorrect/flawed decision, can we claim them back?
@Will99 SAR is subject access request. Basically you can ask them to send you all the information they have from you. They send the records of calls, letters and all interactions. They send the printouts via post. A lot of things get blackened.
https://www.tax.service.gov.uk/shortforms/form/DPU_SAR
You need to fill your name, address, CMS case number, name of child etc. in part C.
If going through appeals I would recommend doing a SAR, this will give you everything they hold on you. There will be things redacted (to protect other party usually) but you may get a feel for how they have come to their decisions, including possibly being able to demonstrate that the rationale is illogical or flawed.
All the best.
Oh, I believe SAR needs to be done via DWP and not HMRC as CMS is part of DWP..
- Samaritans – call 116 123
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