Hmrc warrant of distraint

[theuprightman]

Howver it is spelt.

 

I recently moved into a little gaff renting for a while until I decide what I am doing going forward. The previous tenants have had shall we say issues paying bills.

 

I have managed to sort the majority of the easy bills out. Bcw crapquest debt managers etc and got them to stop sending silly letters out threatening field agent visits. I am stuck with one. The previous tenant owes a few grand tax credit and hmrc want their money back. I have sent two letters RTS. The third I called them and told them he hasn't lived here for about a year. Tonight I come home to a letter suggesting they'll e sending some chums round to my address to identify goods to sell off.

 

I am pretty capable of fending these people off if I am home. However, if I am not here where do I stand, I know with civil debt they need the beak to grant a right to entry but is this granted automatically given its government money? If so is there anyway I can get hmrc to put their brains into gear and call off the dogs

[brassnecked]

send a utility bill copy in your name, and tell them the named debtor moved and that if they break in it would be woeful, when it hit the press that they broke into the wrong address and were told before they did they had the wrong house.

 

Others will know more though

[caledfwlch]

HMRC have the authority to force entry, I believe, without even having a court warrant.

 

Be extremely proactive, and get in contact with them ASAP.

[Gbarbm]

You are correct caledfwlch .

 

Uprightman... Get on the phone to the number on the correspondence, e mail them write to them, get them to update their records!

 

Good suggestion about the utility bill BN

[caledfwlch]

You are correct caledfwlch .

 

Uprightman... Get on the phone to the number on the correspondence, e mail them write to them, get them to update their records!

 

Good suggestion about the utility bill BN

 

Given their extremely considerable powers, the OP should perhaps get hold of a fax machine tomorrow, either at work, or somewhere that sends faxes for a fee, and fax his proofs of identity etc, to ensure they get it ASAP.

[brassnecked]

Given their extremely considerable powers, the OP should perhaps get hold of a fax machine tomorrow, either at work, or somewhere that sends faxes for a fee, and fax his proofs of identity etc, to ensure they get it ASAP.

 

Definitely don't hang about, as the enforcers may break in even with evidence you aren't the debtor, if HMRC aren't prodded with a big stick of evidence that they are up the wrong tree, you need to stress that if they did break in the press would love it..

[theuprightman]

Ta. I will be on it tomorrow.

[Gbarbm]

Good. Let us know how you get on

[theuprightman]

Called them up. They are very scripted. Like talking to a brick wall. Took twenty minutes to get it through to her when I eventually got her to understand that if anything happens to my house I will look for damages from hmrc

 

She even had the cheek to say that I shouldn't be opening other people's mail. Oh aye love. Given I have already had two numpties knock on the door for some brass cos I binned the letters without realising what they contained I think I get to reserve the right to open ****e for the ex tenants. Imagine if I had ignored that letter... And my grans in on her own doing some housework for me.

 

Email and formal written complaint still going in.

[brassnecked]

Called them up. They are very scripted. Like talking to a brick wall. Took twenty minutes to get it through to her when I eventually got her to understand that if anything happens to my house I will look for damages from hmrc

 

She even had the cheek to say that I shouldn't be opening other people's mail. Oh aye love. Given I have already had two numpties knock on the door for some brass cos I binned the letters without realising what they contained I think I get to reserve the right to open ****e for the ex tenants. Imagine if I had ignored that letter... And my grans in on her own doing some housework for me.

 

Email and formal written complaint still going in.

You must do this at the least, copy your MP into the complaint, indicating that the Grauniad, or Daily Heil (Mail) may well be interested in running with it and exposing more muppetry from HMRC, as in wrong house wrong person and it has cost you £xx in phone calls to their 0845 numbers.

[JOHNINYORK]

Regarding the use of forced entry,I think that this is usually applied to business premises.But if the HMRC are after a private debt (tax credits),I do not know if the below will be applicable.

 

With the exception of the valuation powers introduced by FA09, you may not

enter or inspect any part of any premises that is used solely as a dwelling.

· Sometimes you will be asked by customers to visit them at their business

premises or home because it is convenient for them if you examine their

records there, even though the check could be done by correspondence. In

these cases you will not be using inspection powers and must be able to

demonstrate that the visit is at the customer’s request.

 

But on the other hand,

 

http://www.dailymail.co.uk/money/article-1368931/Pay-raid-home-taxman-tells-95-year-old-widow-owe-HER-money.html

 

Regards,John.

[brassnecked]

:@ JOHNINYORK That is more like their MO, muppetry all the way. In the meantime Op cannot afford to wait, as even if one department accepts they have the wrong house, they may well neglect to notify the collectors who will still call anyway. that is their usual modus operandi. they will try to make Op pay up, just as a bailiff will try to get a new keeper to pay for the last owners PCN.

[Gbarbm]

Johninyork

The instructions to which you refer are in respect of inspection of records.

The instruction regarding execution of a distress warrant are here;

DMBM660650 - Summary proceedings: Executing a distress warrant

 

If the court agree to issue a distress warrant, they will direct the warrant to the named, certificated bailiff or, exceptionally, to the police.

 

The warrant empowers the bailiff to collect the amount shown on the order for payment together with his fees for executing the warrant.

 

The bailiff can enforce the warrant by levying and removing goods, or may agree an instalment arrangement with the debtor.

 

The poster should call HMRC again and ask to speak to a SENIOR OFFICER (SO) or GRADE 7 in DMB (debt management and banking)

[JOHNINYORK]

Thank you for the corrective replies,it is obvious that I looked at the wrong information.

This is the correct one as stated by Gbarbm.

 

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm660650.htm

 

Regards,John.

[sillygirl1]

It is NOT an offence to open post which has been delivered through YOUR letterbox, it is an offence to open the post BEFORE it has been delivered to the address. This is info directly from a postman I know.

 

The number of people who are being misled by companies over this fact is ridiculous.

 

I had the same problem when I lived in my old house, took about 10 months of returning stuff to a bank before they stopped sending obvious chequebooks - took them into a branch along with a copy of my sale documents proving I was the new owner, it eventually stopped when the person was caught fare dodging on the underground and gave the address 18 months after moving out - the transport police turned up to arrest her and I handed them a large bag full of post, had to do a statement to them and again show my sale documents.

[theuprightman]

The letter has just had its first draft completed and I'll chase up some noddy on a higher pay grade. It's not peanuts either the monies owed. It's well over 5k

 

Made it explicitly clear in my letter if anything/one turns up at my property attempting to execute and levy goods I will issue a claim for damages.

 

Ironic thing is the kid who owes the money is a friend of a friend and still claims tax credits!

[theuprightman]

Update.... Some digging has found out that the debtor is in fact my landlords grandson. Result.