Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder davestan Novitiate

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    Default akinika

    hi this is my first time on site. i have sent a standard letter to this firm akinika asking for them to send me how they have authority to come after me for a debit they say i have with HMRC.this is the letter i got back. having viewed the above account we advise you that the HMRC, are acting on behalf of Her Majesty's government,and are not bound by the consumer crediticon act 1974.

    the act regulates the way which consumer credit licensees carry on business.for example,there are rules on advertising,pre-contract disclosures,credit agreements and post-contractual information. please forward your propoals for settlement of the account.we are being advised by our client HMRC.


    this is after they had sent me a letter saying they wanted Full and finalicon payment of the debt. please can someone advise me if they can say this and send my postal order back,if so can i send them a letter asking if i can have a full and final settlement amount.and only have to pay a reduced amount.because the company that this relates to is now wound up by me,and i am now only paye.and i have not got any spare cash to pay them in one go
    thanks in advance davestan

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  2. #2
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    Default Re: akinika

    Hi welcome to CAGicon,

    The HMRC along with other Government departments are authorised to use 3rd party debt collectionicon agency to collect taxes, loans and underpayments.

    Yes they can do the this and are correct this is NOT a consumer crediticon debt and has nothing to do with the Consumer Credit Act 1974.


    This is NOT like a loan account this is I presume unpaid income tax or VAT and it will not go away, and is very much a priority debt.

    This company you have wound up was it a limited company, sole trader??

    They can indeed demand full payment immediately TAX DEBTS are not usually negotiable apart from the HMRC may allow time to pay, they have the alternative to seek a county courticon judgement for the debt.

    You are obviously fully aware that the debt is owed and I would suggest that you seek dialogue with HMRC direct or through Akinita, possibly you make want to seek qualified advice locally on tax matters.


  3. #3
    Basic Account Holder davestan Novitiate

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    Default Re: akinika

    yes it was a limited company. so can i ask for a Full and finalicon payment on this debt,or will i have to pay full amount,this was all from 2009


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    Default Re: akinika

    Quote Originally Posted by davestan View Post
    yes it was a limited company. so can i ask for a Full and finalicon payment on this debt,or will i have to pay full amount,this was all from 2009
    The age of the debt does not matter for the tax debt, one cannot speculate on the HMRCs decision on a reduced offer.


  5. #5
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    Default Re: akinika

    You need to say what tax this relates to.

    Is it Corporation Tax?

    Is it tax deductions from employees/directors which have not been paid over?

    If they are tax debts in the name of the company and the directors have not acted improperly then these tax debts usually die with the company.

    If it is your personal tax then the situation is different so you need to be specific in letting the forum know exactly what taxes these are.

    Also, did you ever let HMRC know that the company had ceased trading?

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  6. #6
    Basic Account Holder davestan Novitiate

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    Default Re: akinika

    HMRC is the client and it is for corporation tax


  7. #7
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    Default Re: akinika

    and i have been told i cannot fold the company at company house while i have debts from this company


  8. #8
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    Default Re: akinika

    Quote Originally Posted by davestan View Post
    HMRC is the client and it is for corporation tax
    Ok good.

    Quote Originally Posted by davestan View Post
    and i have been told i cannot fold the company at company house while i have debts from this company
    While you may not be able to dissolve the company it doesn't alter the fact that the company has (I assume) ceased trading.

    As I said, providing there has been no improper behaviour by the directors then the corporation tax liability is a liability of the company and not the director(s) personally.

    Are there any assets in the company?

    Did you advise any creditors that the company ceased trading?

    Who are these tax letters addressed to? You personally or the company?

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  9. #9
    Basic Account Holder davestan Novitiate

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    Default Re: akinika

    the letters are addressed to the company.there are no assets and there are no creditors bar tax man


  10. #10
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    Default Re: akinika

    In which case I would write to HMRC telling them that the company ceased trading on whatever date a date and copy the collection agents in on the letter.

    Include in the letter the reasons for the cessation and that the company has no assets or other liabilities.

    If you haven't told the company's bankers that trading has ceased then I would also let them know as well.

    HMRC should take the view that this is not worth chasing or they may issue a winding up petition for the company but of they chose the latter then you can cross that bridge when you come to it. It sounds scary but it isn't.

    As I say, if you (as a director of the company) acted properly with regard to the company's affairs then you are not liable for this corporation tax.

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  11. #11
    Basic Account Holder davestan Novitiate

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    Default Re: akinika

    company ceased trading over 3 years ago told the bank about this over 2 years ago no money gone into this account for over 3 years so will write to akinika do not know the address for HMRC only got letters off debt company about all this lot


  12. #12
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    Default Re: akinika

    You can find the Corporation Tax office contact details here

    http://search2.hmrc.gov.uk/kbroker/h...tor.jsp?type=0

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