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Advice on UK Personal Tax

I have underpaid tax per a p800 from 2008/9 £7k and 2009/10 of £12k – due to being put on the basic rate and kept there for over two years. HMRC have just written to me identifying the error. It seems when I joined my new employer in September 2008 from maternity leave either my p45 did not get to my new employer and for some reason they put me on BR and kept me there (when they clearly knew I was and had been a higher rate tax payer). Whose fault is this? HMRC? My Employer? Can I get either of them to accept responsibility for the underpayment? tax question

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