HM Revenue and Customs debt collectors

[red.ninja13]

Hi I need help!

 

My boyfriend has been getting letters from HM Revenue and Customs for the last few months claiming he owes £7k, something he has never heard of before, saying its something to do with a 2001 self assessment form he sent in.

 

He has never sent any self assessment forms in.

 

He ignored them for a while, then one day wrote to them to say he doesnt know what the debt is for, and asked them for evidence of what the debt is from.

 

He recieved a statement saying:

31 JAN 2001 - BALANCE PAYMENT DUE 99/00 £2000.00

 

and then it has loads of late payment and interest charges and two more £1000 charges with 1st and 2nd payment on account due for year 00/01

 

then more late charges and interest in the year 2002 then nothing and another two charges for 2009.

 

Obviously this doesnt explain to us why this money is owed, and we have no idea, as he has never submitted a self assesment claim, and wouldnt have a clue how to do it.

 

He chose to ignore it, and now today there is a letter from HM Revenue and Customs debt collectors saying:

 

I called today to collect the above debt or levy Distraint on your goods and assets but was unable to make contact with you.

 

You Must Pay the Debt in Full Now.

 

If you don't I will make a further call and if you are not available i may levy distraint in your absence.....blah blah blah......

 

There is no way he will pay for something he has no idea about, and doesnt think he owes, and there is no way in hell he will ever be able to pay £7k! We can barely afford to eat. He is currently signed off work sick due to complications from an illness he has, so he doesn't even get a proper wage, and i am definately not paying it!!

 

AND they defo aint getting anything from my house, i'll beat them!

 

Obviously i know i can say everything in the house is mine, and provide receipts and dodgy receipts etc to try and prove its all mine, and i won't let the vampires in, but they're not bailiffs, do the same rules apply?

 

How should we approach this, obviously its a government debt, so it isn't statute barred is it?

 

Can someone advise, before i get arressted for assulting Lynne the debt collector.

 

Thanks

[the_shadow]

Cant really help much other than to say I believe a poster on here (tolouse the debt) was quite knowledgeable about hm tax debts, I'll try and find some postings and come back.

 

S.

[beetzart]

Sorry to hear about your predicament red ninja.

 

Can I ask you a couple of questions? Did your boyfriend have a second job at the time HMRC are stating? If so, did it pay cash in hand?

 

If no to those questions then it might be to do with a shortfall of PAYE, wrong tax code etc. But that doesn't explain the self-assessment forms. Sorry, I can't think of anymore reasons why HMRC would do this.

[Pinky69]

I think he needs to get sorted out how this tax demand occurred and there is a Recoverables Department in every regional tax office. I would make an appointment to see them and get to the bottom of it, then at least he knows where he stands and will have the correct information to dispute it.

[the_shadow]

Hmm only thread I can find at present is this one:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154287-15k-ccj-hmrc-long.html

 

ok, found it... on this one he explains about the stat barred for tax debts..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194212-tax-debt.html

 

Pinky's advice is sound, get an appointment made asap.

 

S.

[red.ninja13]

Thanks for your replies guys.

 

I am going to be on his case to get to the bottom of it, but what about Lynn the debt collector, can she let herself into our house? Can she take our stuff?

 

If HM Revenue take him to court i dont care (to some extent) because its him not me, but I will go beserk if someone trys to take my stuff!

[the_shadow]

A debt collector NO.. a bailiff.. YES with the right paperwork for a tax debt be it inland rev or council tax as I understand it.

 

This link explains bailiffs access rights..

 

Debt Basics - Bailiff Guide - know your rights

 

S.

[red.ninja13]

Well it doesn't say she's a bailiff and it hasn't been to court, so i don't understand how she can levy our goods?

[the_shadow]

Perhaps she's talking about a walking possession order where you agree for them to come in and tag everything... if the debt doesnt get paid they can come back and take everything. Also I'm not sure if to get a warrant to force entry they have to tell you they are applying?

 

You HAVE rights, but they obviously arent going to tell you them. If she doesnt have a warrant then I would not let her in and I'd ensure all windows/backdoors are locked shut.

 

Contact the tax office and see what they state.

 

S.

[red.ninja13]

Thanks, I have already told him not to leave any windows open, unfortunately we have had previous experience with bailiffs levying our goods for a previous tenants debt!?! So we know all about them.

 

I just dont see how she thinks she can levy our goods.

 

I am going to get him to call her and the office tomorrow morning, and if he doesnt get anywhere i think i will SAR their butts,

 

hopefully then i will get to the bottom of this, just dont want to spend the £10, what with a £150 gas bill on the way

[the_shadow]

Unfortunately SAR's take up to 40 days and I'm not sure what kind of response you'd get back from the inland revenue? I think the need is more urgent.

 

A call to the insolvencyhelpline might help find out if this "person" could have obtained a warrant without your know how... at least then you'll know where you stand when it returns.

 

Unless someone on here can answer

 

S.

[red.ninja13]

Arghhhh what a pile of poo!

Its annoying that he is going to speak to them and i cant intervene.

I guess i will have to wait and see what happens tomorrow

. Thanks for your help x

[wendella]

The best advice is to talk to them. Avoid doing it by phone if at all possible, face to face is preferable so that you can have paperwork available for both parties to see and discuss. Make sure you have relevant numbers to hand, such as NI and any reference numbers for child benefit/CTC/WFTC etc that may be applicable. If your OH has wage slips for the relevant period that will also help.

 

HMRC are not garden variety DCAs, they do have powers to distrain on your goods (they will attend with a bailiff). They also have powers of entry that, in some circumstances, are more than that of the police.

Don't forget that bailiffs can distrain on anything they can see, so keep the curtains closed as well as keeping the windows shut.

 

Whatever you do, don't ignore them.

[FunkyFox]

Please follow the advice above from Wendella. HMRC have some very considerable powers at their disposal and if ignored WILL use them. For example... HMRC given powers to raid home businesses - Times Online

 

You partner must contact them and endeavor to resolve this. Establish the facts, be honest with them and if neccesary he will need to make suitable arrangements to repay what he owes, if indeed he does. The normal rules of engagement do not apply regarding HMRC (and if Lynn is from HMRC that applies to her too!).

 

Best of luck. FF

[Seminole]

Completely agree with the other posters on here. Don't ignore HMRC- they will continue to pursue this matter until it is resolved.

 

Having said that, HMRC should be fair in its dealings with you and they will respond to letters etc.

 

This sort of distraint letter may have real intent behind it but it is also used to spur people into making contact with them.

 

As others have said this alleged debt may have arisen from self employment or PAYE issues. The comment about the self assessment form is curious if your b/f has never submitted a return. However, always bear in mind that HMRC make mistakes (too many in my opinion) and it's quite possible that they have made on here. However you will need to engage with them to sort it out.

[palomino]

Just to add to comments above : the HMRC have a set of well-defined procedures and rules they must follow. You might not like those rules but HMRC do stick to them.

 

You must always play straight, honest and up-front with HMRC. Not doing this will bring heaps of real, serious trouble.

 

 

However, in saying that, they threatened several times to make me bankrupt. I couldn't afford to do this myself, and no-one else would do it, so I went back to HMRC and asked them to do it. They refused. I asked again, then I begged and entreated them. Still they said no.

It turns out they knew more about my finances than I did, and knew that making me bankrupt was pointless.

[Seminole]

 

HMRC are one of the few organisations that threaten bankruptcy with real intent. If you get a Stat Demand from them, they mean it.