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 credit 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 final 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

Hi welcome to CAG,

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

Yes they can do the this and are correct this is NOT a consumer credit 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 court 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.

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

yes it was a limited company. so can i ask for a full and final 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.

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?

HMRC is the client and it is for corporation tax

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

HMRC is the client and it is for corporation tax

Ok good.

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?

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

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.

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

You can find the Corporation Tax office contact details here

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