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Hi,

I have contacted my former partner and I am getting some more detail in the morning.

 

Just a little background. I was diagnosed with a frontal lobe atrophy in other words my memory was shot for about three years and is now recovering slowly, early onset of Alzheimer's.

Anyway I had little to do with the running of the business even as a sole trader And I know it was my responsability

 

i am led to believe we had over thirty employee's and she said i more than likely owe the money as there were more priority's than that one.

 

Like shopping and living the good life.

 

So do I still send this letter and ask for an explanation of how it is calculated.

 

This gets worse the more I learn.

 

Bighomer

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Hi,

I have contacted my former partner and I am getting some more detail in the morning.

 

Just a little background. I was diagnosed with a frontal lobe atrophy in other words my memory was shot for about three years and is now recovering slowly, early onset of Alzheimer's.

Anyway I had little to do with the running of the business even as a sole trader And I know it was my responsability

 

i am led to believe we had over thirty employee's and she said i more than likely owe the money as there were more priority's than that one.

 

Like shopping and living the good life.

 

So do I still send this letter and ask for an explanation of how it is calculated.

 

This gets worse the more I learn.

 

Bighomer

 

I think you have answered your own question here BigHomer when you say:

 

i am led to believe we had over thirty employee's and she said i more than likely owe the money as there were more priority's than that one.

 

Like shopping and living the good life.

 

If the former partner is the same 'former partner' mentioned in that link you sent me last week I'm afraid I'd have to guess it's highly likely that you do owe the PAYE money. You earned it she burned it.

 

You are still entitled to an explanation as in the circumstances it sounds like these matters were very much out of your hands and there might be scope to get some kind of deal struck. I would imagine you had counsel during the affair of 2004 and suggest that you get in touch with them immediately and try to establish exactly what happened regarding the asset recoveries made against your ex partner. This is horribly complicated and you really do need to establish what went where and who it belonged to. I can help you 'til the cows come home where HMRC are trying to claim against you incorrectly or unlawfully but where they have a valid claim and it has been executed validly then the best tax lawyer in the land will struggle to get you off.

 

I know you don't want to hear this as you've been through the mill over your ex's dealings once before but it's quite likely she has left you up to the neck in it with HMRC. You need to establish what your liability is, what her liability is (if any) and what the terms were when the authorities went after the assets.

 

Please, please, please get some legal advice from someone who has or can get access to all that went on before.

 

I'll help you all I can the SA stuff is still 100% relevant don't let them slap determinations on you but you have to understand that if the money was earned and due and your ex partner did not pay it that they will want it from yourself.

 

It might be better just to write back with a simple I am bemused why you claim I owe this money letter. 'I understood all income tax liabilities had been met and this had been accounted for when the asset seizing was conducted'.

 

TBH. Surely any outstanding liabilities in respect of HMRC or similar should have been taken into account although it would probably hinge on whose name things and accounts were in at time of seizure. You need copies of accounts and paperwork from every agency involved to see if payments should have been made first. It's more than a bit choice if they took everything and then left you with a huge tax bill if they should have settled the tax and then seized assets. You need to get on the case and get someone very well qualified to get stck in for you if at all possible.

 

I just cannot see this problem being resolved through this website. The SA stuff yes definitely but the PAYE no I'm afraid. If your ex has been taking money out your company you need to look very closely at how much and what money has gone. Unlike the authorities even if you laid criminal charges against the partner in the matter you'd be unlikely to see a penny back or get out of any liability regarding the PAYE.

 

IMO you need a good accountant and a good lawyer involved asap, preferably people who are familiar with the setup. This is a massive drawback to running a PAYE scheme as a Sole Trader not an LTD which could and would have been liquidated years ago.

 

Sorry for all the bad news, I wish you the very best of luck I know it's been a dreadful few years for you.

 

(Maybe you ought to look at how your assets are currently distributed).

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Yes it is the same partner.

 

As regards assets,

Well i have had to sell my home joint names of course and bank accounts stripped etc etc. after things were sold they took there money and I was left to buy a home which i am in and I recieve disability living allowance

 

so I don't have huge assets

 

I know all the vehicles were sent to a dealer for storage and he sold them and went bust but nobody wanted to know at the time because of what was going on.

 

Any way I will send the letter and ask as to how the money is being borke down etc, And see what the response is.

 

I suppose I have nothing to loose .and all to gain.

I will take legal advice as to where i stand etc as regards to the assets and all that.

 

Bed now

Let you know what response i get from the HMRC etc

 

thanks

Bighomer

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  • 4 weeks later...

Hi,

I have had a telephone call to say the HMRC are in receipt of my letter (Copy of what you wrote).

 

The man I am in contact with says the self assesments are time barred but has not respond to my letter in writing. I have been doing some research and I do owe the monies.

 

My solicitor made an offer of £10,000.00 a few years ago and they made no response.

 

I have again offered on the telephone 10K and I have been told they will send forms for me to fill in too make the offer, But I don't really want to fill in a means form.

 

So my question today is what do I do to make an offer which I am told will have to go to another dept to be decided.

 

I have recieved the papers from the data protection request and they know how many toilet rolls I use a week, And it is linked to the court case I told you about

 

Thanks

Bighomer

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Okay BigHomer that's good news on the time barring as they cannot now raise a determination against you personally for extra amounts. (If you do it's a straightforward appeal to the commisioners).

 

The other one I'm still not sure about.

 

VAT accept the business was a Ltd for VAT purposes.

HMRC (also the VATman) do not accept the business was a Ltd for IT and NIC purposes. (Be curious to know what Companies House think)

 

I'll need to have a good think and try and get some 'inside' help on this one.

 

I suggest that before making any offer whatsoever that you demand to see their hand so to speak.

 

You want a copy of the PAYE assesment and the date on which it was made.

 

A copy of any documentation used in their decision making regarding why they hold you personally responsible for any amount alleged owed instead of the Ltd company being held liable.

 

Copies of all documentation deemed sent or served in accordance with the relevant laws for this PAYE assesment to be valid.

 

 

Details of any Court proceedings instigated for the recovery of this money. etc etc.

 

You need to put the pressure on them to prove the debt to you, if they struggle they might well be happier to go for a lower settlement.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I will try and draft a letter tomorrow asking for what you have said,

 

I will post tomorrow what they have sent to my old address regarding stat demand. What ever that is, It says it in the papers they sent from the data people etc

 

Thanks

Bighomer

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Hi,

Is this what I need to send, Can you ammend if it is not correct or too much Blah Blah Blah from Me

 

Dear Sir,

I wrote to you on the 00/00/0000 and I am still awaiting a response in writing and I have enclosed a copy of that letter.

 

I need to have things in writing as I have a frontal lobe atrophy which affects my memory recall.

I would like a copy of the PAYE assessment and the date it was made,

A copy of any documentation used in your decision making regarding why you hold me personally responsible for any amount alleged owed instead of the Ltd company being held liable.

The HMRC VAT Dept has accepted that the LTD Company had taken over all liabilities of the sole trader and as the VAT and the Inland Revenue are one or the same I don’t see how they can be separate on one hand and joint in the other.

I would also like Copies of all documentation deemed sent or served in accordance with the relevant laws for this PAYE assessment to be valid.

Details of any Court proceedings instigated for the recovery of this money. And copies of any statutory demands issued or served.

As you are fully aware that the asset recovery dept from the police seized and restrained all bank accounts and I was made part of a court order for my assets to be restrained and most of the business monies were taken or used in relation to the proceedings.

I would have thought that The HMRC would have sorted all this out at the time as they were in contact with the Police etc at the time and I would have thought you would or should have declared your interest at the time Monies were available.

Yours

Bighomer

Edited by bighomer46
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Hi Toulose LeDebt,

 

I have recieved a Self Asseement statement from The revenue for £801.71 with no covering letter saying what period this is for.

I have telephoned them on a Liverpool No amd the Lady says she will be sending a statement.

This invoice is part of the self assessment that we said was Time Barred

 

I have recieved another letter from the Debt Management Office

 

Asking me to fill in a form showing what assets and income I have and any other assets etc Also on the Back page is a section to make an offer to settle the Debt.

 

What should I do,

 

Do I have to fill in the form asking for my assets and income etc ,

 

I will dispute the self assessment part as we have said Time Barred

But I don't seem to get any response In writing from the HMRC at all

They only telephone me which leaves me with no proof of what has been said or discussed.

 

Thanks

 

Bighomer

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