HM Revenue & Customs + Sherforce High Court Enforcement.

[tonycee]

I have a colleague who has got himself in a bit of a pickle. This goes way beyond my limited knowledge, so i said i would ask the team here.

I have copies of the documents, so if anymore info is required i should have it.

 

Case History.

 

Sept 2005 Bankruptcy petition from HMRC was dismissed on a technicality, the amount claimed was subsequently paid (£13k) and costs were awarded (£600) in favour of HMRC.

 

Several ignored reminders, and the total rose to £1,233.08p as of 22 August 2007.

 

Now heres the bad bit.

 

21 Jan Sherforce High Court Enforcement hand delivered a demand for £2,032.03p

29 Jan They sent a reminder.

 

The letter says that they have seized control of the goods at the address under a writ of execution directed to an enforcement officer, and have added £657.36p to the total for their Charges.

 

I have 2 questions really.

 

1. Do they have the powers to do as they say without a walking possession.

 

2. Are their fees of £657.36p justified.

 

Any advice would be appreciated.

Many thanks.

[Guest grizzleguts]

Yes, becasue it is a court order, Hm Revenue & Customs are acting on behalf of the Crown, the Government, and the courts

The charges I am not sure of.

[CourtOfficerSpeaks]

I can tell you something for nothing. Many people complain about Sherforce as their fees are very excessive. However, if you read my posts. You'll see that fees are regulated. As for your friends goods. Is it a private house or a business? We tell people they shouldn't dispose of their assets else we'll have them for contempt of court but it never happens. Its relative. If someone was selling all their cars at a business then we'd be concerned. But a shop owner selling some papers isn't illegal. You have to continue to trade else how will we get out money?!

[tonycee]

Thank you for your reply.

 

It is a private house, with no assets other than equity.

I purchased "All" of their belongings and contents last year when they were in difficulty, although the items are still at their house, technically, they belong to me.

We have a written agreement dated Nov 2007 to prove as much.

[CourtOfficerSpeaks]

Sounds fine, just make sure THEY have a copy of it.

 

Send it Recorded delivery

[tonycee]

Thank you.

 

I have convinced him its time to clear this debt now.

We accept there are additional charges to pay, but £1400+ in 17 months seems hard to take.

[CourtOfficerSpeaks]

If you send them a letter saying you own all the contents of the house. They have been put on notice. I can't think of anything else they can do after that. Rememeber though to make it "look" like the agreement was made before the levy, even if it weren't. Technically sale of assets can be reversed in some circs.

[tonycee]

Although i would never dream of actually taking possession of the goods, i do hope to get my money back one day.

 

Its £2 for approx £12k of contents.

 

I want them to pay the HMRC bill and dispute the other £1400 as excessive.

[CourtOfficerSpeaks]

Yes but rememeber, it ALWAYS better to pay it if you can the dispute it, you'll save interest charges and judges can make provisions for refunds. As for high court fees however, once they fall due, there is little more you can do other than pay them to remove the CCJ. If you don't pay them, they will seek monies from the sols involved who will inevitably chase you for it. So its the same money pot when all is said and done.