It's the HMRC debt management team and I think it was a field agent. Apparently they have more power to seize goods than if they use an outside bailiffs. Vat rules changed in I think 2011 where by they don't have to inform you if you fail to submit returns. There a law unto themselves. I don't have proof as such that I sent the returns all I now have is a floppy disc with my vat accounts on.

Hiya Any help would be very much appreciated please. Started up in business in 2003. Due to the recession the business was closed in 2008. Due to lack of money the vat retuns from july 2007 to oct 2008 weren't filed until close of business at end of 2008. The said returns were all sent together with a covering letter stating the business was now closed and I was de-registering for VAT. They replied and sent a form to fill in to officially de-register, which was duly filled in and returned. Somewhere around 2011 I received one of there yellow surcharge letters saying I hadn't filed my vat return on time so a surcharge would be added etc. I phoned up and was told there must be a glitch on the system and to just ignore it. which I did. Then in Feb last year (2014) received a call from HMRC debt management saying we owed in excess of £7000 in unpaid vat saying we were still in business. They were told that is not the case as the business was closed in 2008, and asked they put it in writing. Received a letter stating they had decided the business ended in 2008 and to file the final vat online. I could not file online as never had a log-on (didn't even know you could it was always a paper return). in a panic, I sent them my photo-copies of the vat returns and de-registering form as I did not have a working printer to copy them again. I sent them off with a hand written letter as to why I couldn't file online. Heard absolutely nothing from them until Dec 2014 when received a letter of impending enforcement for £3000. Phoned them up and explained what had gone on and said would send a letter stating we would look for the information and gave various contact details so they could advise a course of action. Letter was sent. Yesterday the bailiffs turned up at the door, hubby told them go away and promptly phone the debt management team. They said they never received a letter to which I cant imagine what hubby said as I was at work, but eventually after looking she said oh here it it and read it back to him. As its been over 7 years since the business closed I dont have the paperwork anymore, but I did find a box of old floppy discs where I managed to get a disc to work with the VAT accounts for the business from start to finish. Phoned HMRC debt management up this morning and said I have all the information that is needed. She informed me that she would arrainge for the vat returns to be re-issued so I could fill them in again and she would personally deall with them and bring this farce to a close. Finally. Well so I thought anyway. 10 mins later she called back and said that vat returns cant be sent in more than 4 years late so the debt still stands and the bailiffs have been informed to continue. Is there anything I can do? It's my word against there's. I know I sent the returns. Why has it taken until now before they suddenly decide I owe them money. I have 14 days before the bailiffs can returned for the money or goods to the value of. Sorting out the appeals procedure letter but that wont stop the bailiffs and I dont have any money. Any ideas please Oh and I forgot. After sending the returns they should owe us money albeit less than £50

Not sure on judges name as it wasn't' the one originally assigned. When confirmation arrives I'm sure it will be on there.

Oh and one last thing. As the case was dismissed I asked if they were able to get hold of original documents could they make another claim and he said absolutely not. Once it has been dismissed no one can make a claim on that debt again. They can appeal but only with with the documents already in play.

Well had my day in court on Thursday, and it was nothing like I expected. On entering we said good morning your honour, the court office has advised me to tell you that a witness statement has not been received. To which he replied, that's funny I haven't seen one either. Cue an extremely red faced young man. Judge said well might have to adjourn till I piped up We're not coming back again. So he asked to look at their copy, and with a wry grin on his face he said he would allow it. I must have looked horrified as he said bear with me on this. As arrow went through it point by point the judge kept looking at our statement and reading the consumer credit act and various law books and preceded to shoot him down spectacularly. It was so hard not to laugh. They had produced an reconstituted copy of a letter of assignment, and the judge said that means made up to me what's your meaning for it. He waffled on about it being allowed as probability or something . At this point the judge said he'd heard enough and was going to dismiss the case. He then spent 10 minutes reading him the riot act, about blatant lies in their statement etc and told him to pass it all onto his employers. He also said that recently dca's have been relying heavily on reconstituted copies of documents and in his opinion they were abusing the privileges. He would be bringing it to the law council or something like that and asked if he could use our case for it. It ended with him officially dismissing the case and awarding costs to us. So a big THANK YOU for everyone's help and opinions it meant a lot and was a huge help.

yes may well have been. But as it was a letter demanding I pay their clients whom I had never heard of it was duly ignored and thrown out. And acknowlegement of it will be included

not sure what that means. As to not having heard from arrow prior to receiving a court claim does that have any bearing on this case? I shall include it in the witness statement anyway, which I must get started on fairly soon as it should have been in yesterday.

On app form they have filled in the small box at bottom The cl box which I presume is credit limit states 6000

Yes the application form had been signed by them. It also shows the percentage rate . And t & c also as I typed in #30

no the cca/t &c has the name and address on it too

no there is nothing regarding a signature box. the only signature is on the application form

What other pages? The above was all of it and obviously loads of pages for the statement of account and a copy of the application form. Where Iv'e written in red I didn't type up those paragraphs. They haven't said it was a reconstituted copy hence why I thought it should be signed.

I forgot to say the covering letter with the documents says they have enclosed copies of the credit card agreement, terms and conditions and the statement of account. They don't mention its a reconstituted copy

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 Terms and conditions This agreement is between XXXXXXXX and us. 1. Definitions. In this Agreement, the words, "we", "us" and "our" mean Capital One Bank, 3rd Floor, 18 Hanover Square, London W1R 9DA, and its successors or assigns. The word "card" means any credit card issued to you or to any additional cardholders nominated by you. The words "you, "your" and "yours" refer to the person who entered into this agreement with us. The words "Base RAte" mean the base lending rate of the UK clearing banks, as advised by the Bank of England from time to time. If a spread of rates is advised by the Bank of England, the lowest rate will be the Base Rate. 2. Card Issue. We will open and maintain a credit card acccount (the 'Account') in your name to which we will debit the amount of any balance transferred to the Account (subject to a minimum of £50.00) from another financial institution("Balance Transfer"), all purchases made and cash advances obtained ("Transactions"), and any interest and other fees, costs and charges payable under this Agreement, and we will issue to you a card for your use and a card for each additional cardholder nominated by you. All cards issued by us are and remain our property and must be returned on request and may be retained by any person acting on our behalf. CArd(s) must only be used while valid. The validity dates are printed on the Card(s). 3. Credit Limits. We will set and notify you of the credit limit for your Account. Unless we notify you of a different limit, cash advances may not exceed 50% of your credit limit. The credit limit and the amount of available credit are shown on your Monthly Statement. The Card may be used to make purchases or obtain cash advances only up to your credit limit. If and credit limit is exceeded, the cards must not be used and you must immediately pay us enough to bring the balance on your Account within the credit limits. 4. Security. You must sign your card and ensure that any aditional cardholder signs their card as soon as the card are received. You must always ensure that you and any additional cardholder keep your cards safe and comply with any other instructions we give to you about the use and safekeeping of the card. You must not allow the card to be used by anyone other than the person whose name appears on the card. You must only disclose (and you mustalso ensure that any additional cardholder only discloses) the number on the card to make purchases or to obtain cash advances, to a card protection scheme authorised by us or to report a card lost or stolen. 5. Personal Identification Number. We will issue tou a Personal Identification number (PIN) for use in connection with your Account. This PIN may be used by you and additional cardholder. We may change the PIN at any time for security purposes. You must ensure that you and any additional cardholder keep this PIN secret at all times; never disclose it to anyone else (even our own staff) for any purpose; immediately on receipt of the PIN memorise the PIN and destroy the notification slip; never keep a record of the PIN either on the card or with the card; and never keep a record of the PIN without trying, as far as possible, to disguise it. 6. CArd. The card issued on your Account can be used only by the person named on the card to buy goods or services and to obtain cash advances wherever the ard is honoured. We will not be liable to you in any way if a supplier refuses to accept the card as payment for any goods or services or if a financial istitution refuses (or an ATM fails) to make any cash advance. Subject to your Statutory rights, your account will only be credited with refunds if the supplier is liable to make a refund and we receive a properly issued refund voucher or other appropiate notice from the supplied. 7. Promise to pay. You promise to pay us in accordance with this Agrement the total amount of each Transaction, whether or not a purchase or cash advance voucher is signed by you or the additional cardholder and each Balance Transfer, plus any interst or other fees, costs and charges due to us under the terms of this agreement. All payments must be made in sterling and delivered or sent to us at the address shown on your monthly statement. 8. Monthly statement. We will normally send you a statement each month showing all transactions and blalance transfers posted to your account since your last statement. The monthly statement sent to you within a particular calender month could include transactions and balance transfers posted to your account in a previous calender month. The monthly statement will also tell you the amount outstanding on your account on the date of the monthly statement (the new Balance). Until this agreement is terminated and all outstanding liabilities discharged, interest will continue to accrue evenif, for any reason, we are unable to produce or sen a monthly statement to you. In order to calculate interst, we may select any date each month as the statement date. 9. Pre-payment option. You may pay mmore than the minimum payment. If you make a payment in excess of the minimum payment, we may from time to time allow you to make a reduced or no minimum payment for up to a maximum of three of your next monthly statements. Interest charges will continue to accrue during this period. 10. Financial and related Particulars. We will set and notify you of the crdit limit for your account, We may change your credit limit at any time and will notify you of any change. interest will be charged for each statement period on the average daily outstanding balance including all transactions and other charges debited to the account. In the case of purchases and balance transfers, the interst rate is equal to 6.78% which will apply up until your January 1999 statement after which interest will be charged at a rate equal to the base rate, as at the seventh day prior to the beginning of the statement period, plus a margin of 9.42% per annum for purchases and for balance transfers the margin is 9.42% per annum. For cash advances the margin will be 11.03% per annum. There is also a handling fee of 1.5% on cash advances(minimum £1.50). The base rate may change from time to time. At the date this agreement was prepared, this formula gave and interset rate of 16.67% per annum for purchases and an interest rate of 16.67% for balance transfers after your January 1999 monthly statement and 18.28% per annum for cash advances (plus 1.5% handling fee). For those charges in section 11 that are applied to your account, interest will be charged as if they were purchases. The APR for purchases and balance transfers is 6.9% up until january 1999 monthly statement and the APR for purchases is 17.9% and the APR for balance transfers is 17.9% from that statement. the APR for cash advances is 21.7% You must make the minimum payment by the due date shown on your monthy statement. The amount of the monimum payment will be shown on your monthly statememnt and will be an amount equal to 3% of the new balance or £5, whichever is greater. In addition, you must immediately pay any amounts in excess of your credit limit or which are overdue and the amount of any Transaction made in breach of this agreement. In calculating the APR, we have not taken account of any changes in the base rate after your january 1999 monthly statement or cash advance handling fee, both of which may be varied. The margin above the base rate applied to your account may also be varied by us from time to time for any reason, including changes in the way you use your account or in your credit score. Any balance outstanding when your january 1999 statement isi produced will be charged at the new rate. Interest will be calculated on a daily basis on the outstanding balance of all transactions and balance transfers from the date of the transaction or balance transfer, until the date of payment in full. Accrued interest will be debited to your account on each statement date. However, you will not have to pay any interest on any purchases processed to your account after the date of your previous statement if a) you repaid the full amount of the outstanding balance shown on that previous statement by the due date for payment shown on that previous statement, and b) you repay the full amount of the new balance on your new statememnt by the due date for payment shown on that neww statememnt. you cannot avoid interest charges on cash advances or balance transfers but the earlier you make your payment, the less interest charges you will incur. 11. Other charges. In addition to the interest charges, the following charges may be be charged and debited to your account. a) Late or default charge. A late or default charge of £10.00 will be imposed if we do not receive your minimum payment withing 5 days after the due date shown on your monthly statement. b) Returned cheque charge. You agree to pay us a returned cheque charge of £10.00 if you pay us with a cheque and the cheque is returned to usfor any reason. c)Overlimit charge. You agree to pay us an overlimit charge of £10.00 for each period between statememnts dates during which the balance of your account at any time exceeded your credit limit by £1.00 or more. d) Administration charges. We reserve the right to charge fees for dealing with any special requests made by you in connection with this agreement, including (to the extent permitted by law) requests for acces to data under the data protection act 1984. The amount of these charges may be varied by us on giving you such notice as is required by law. 12. Payment protection Insurance. didn't take this 13. Application of Payments. Subject to any mandatory provisions of applicable law, all payments made by you will be applied to the balance in your account in the manner we determine. 14. Additional cardholders. not applicable 15. Default. you will be in default under this agreement if you faill to pay the minimum payment on time or any credit limit on your account is exceeded. You will also be in default under this agreement if (1) you breach any ofthe other terms of this agreement, or (2) you made any false or misleading statements on your application, or (3) we receive notice of a proposed volunary arrangement or compromise with your creditors generally or (4) a bankruptcy petition is presented against you. If you die or are in default, we may (subject only to giving you any notice of or right to cure the default required by law) close your account and demand payment of the entire outstainding balance in your account immediately. Any introductory interest rate will no longer apply after we have closed your account and demanded repayment of the whole amount owed by you. Interest will continue to be charged both before and after any judgement against you. To the extent permitted by law, you agree to pay all court costs and collection expenses incurred by us in the collection of any amount you owe us under this agreement. You also agree to pay any costs we may incur in retrieving your card, including any costs we may incur by having your account placed on a restricted list. 16. Lost or Stolen cards. standard drivel 17. Billing address. If more than one person is permitted to use the account, you agree that all notices regarding the account may be sent solely to the address shown on our billing records. You agree to give us notice immediately in writing of any change in your billing addres. you also agree to notify us in writing if you change your name or if any additional cardholder changes their name. 18. Variations. We may on giving such notice as may be required by law,amend, vary or supplement the terms of this agreement at any time. In any event, if we change the interest rate or the way it is calculated, the new rate or calculation will apply to the whole account blance from the effective date of the change, whether or not the account balnce includes items posted to the acoount before that date and whether or not you continue to use the account. If you do not accept such changes, you may close the account. 19. Foreign Transactions. blah blah 20. Closing your account. blah blah 21. Termination of your account. In addition to our rights under clause 15, we can terminate your account by giving you at least 7 days notice in writing at the address shown on our billing records. you will still be required to pay any amounts you owe us, including purchases and other charges and cash advances that have not been billed to you yet. you must also cut in half and return all cards 22. General. The invalidity of any provision of this agreement shall not affect the validity of any other provision. We shall not be liable for any failure to perform our obligations as a result of computer systems or ATM failure, industrial dispute or any circumstances beyond our control. We can delay enforcing our rights under this agreement without losing them. We can also accept late payments or partial payments or cheque and money orders marked payment in full or other similar language without losing any of our rights under this agreement. 23. Use of data. Blah Blah 24. Governig Law. This agreement is governed by English law. The last page is boxes with Important - you should read this carefully your rights; loss or misuse of card or cheques; balance transfer conditions and your right to cancel

ok. I can't scan it up so will type it out, bear with me