distraint order

[greyone]

i have a outstading debt from overpayments from 2004 with tax credits up until may i was paying them £100 month to clear it but when the overtime finished at work i have not paid them.on thursday i got a visit froma n officer who took down details of my outgoings and incomings anjd also at the same toime put a distraint order on my car which i use for work and childrens school drops.

 

My ex partners car was also parked on the drive which he leaves hear as we are quite ammicable with each other and even though i told the officer it was not mine he took details of this car too whcih is worth alot.he told me to fax over the log book and insurance documents for proofe of ownership and also any receipts of the sale of the car which i have,however the insirance policy is in my name and my ex is named driver we did this as i had 11 years no claims which would work out cheeper for him.

 

My question is will they take this car and mine which is only worth about £400 after 5 days whcih is the time they have given me to pay the balance of £140,000 ,which clearly i will not be able to pay.my ex is furiuos as this car is worth £15,000 which he paid for and hasa receipt to proove,but because the insurance is in my name im concerned they will take it!

 

I am very stressed about all this and do not know what they will do,i have faxed to them today all the paperwork for the car,so they can see its not mine.can someone please help me as i am so stressed i just want to keep crying all the time.

 

Will they let me carry on paying as ive told the officer i would be willing to start paying again,please can someone advise me.

Edited September 21, 2012 by citizenB
formatting

[renegadeimp]

You need to give MUCH more info about your issue. Dates, creditors, a detailed background on the debts etc.

 

Edit. I just saw its about tax credits. However, we still need much more info.

[greyone]

the debt is from overpayments from 2004 onwards to 2011,because me and my partner were on and off for all this time the tax credits told me i was not entitled to it hence the overpayments.my issue is will they let me now carry on the payment plan if i ask them or is it too late,also after 5 days will they take the cars ? or will they need to go to court for this ?

[Guest]

greyone

best try and get your thread moved to an appropriate subforum for more input.

[Guest]

the debt is from overpayments from 2004 onwards to 2011,because me and my partner were on and off for all this time the tax credits told me i was not entitled to it hence the overpayments.my issue is will they let me now carry on the payment plan if i ask them or is it too late,also after 5 days will they take the cars ? or will they need to go to court for this ?

 

poss yes (what's yours) after 5 days depending on circumstances. is this relevant info

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013148

 

have you signed a 'walking possession' agreement?

Edited September 21, 2012 by Ford

[citizenB]

Have moved thread to Benefits forum

[abc123def]

They will need a form from court to seize your car, they check who is the registered keeper before taking any car. You say you are the main insured person for your ex partners car that sits on your drive, most policies require the main driver to be the registered keeper of the car too. They may check your insurance policy for the T&C's. I would get your ex partner to take his car to wherever he is living just to be sure.

[greyone]

yes the tax offeicer trold me to sighn the walking possesion

[greyone]

thanks for the advice

[Guest]

not v familiar with this area, but afaik; they should only take whats yours, there are also certain things that they can't take. the inventory taken should've shown what they may take when they return. under the agreement not supposed to remove/sell any items listed. can try again for an arrangement, but it seems as the previous one defaulted they may be looking at taking things further, hence the distraint. if goods taken does not cover amount, then they will have the further options as hmrc link above #5.

also found this info (ignore the company involved there as is a dmc) http://www.abacusfinance.co.uk/Distraint.htm

and this (don't know how uptodate this is) http://www.hmrc.gov.uk/factsheets/ef1.pdf

are you able to get any legal advice, and/or see citizens advice?

Edited September 22, 2012 by Ford

[abc123def]

Bailiffs can take things if you can't prove they aren't yours unfortunately.

 

Greyone, did they enter your house? Their powers are increased if they have previously been inside your property so the advice is don't ever let them in.

[Guest]

PS

and,

http://taxaid.org.uk/guides/tax-debt/enforcement-action

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm655130.htm

http://www.hmrc.gov.uk/manuals/dmbmanual/DMBM655000.htm

lots of info there!

[greyone]

iv since the last post sent the tax credit office copies of logbook and receipt of the car my ex purchased and insurance but they are saying that the cars insurance is in my name so they would class is at it being mine because if anything happened to the car i would get the money,on the insurance paper work my ex is the owner and reg keeper can someone please help as i do not know what to do,i jsut want the floor to open and swallow me up this thing is stressing me so much i feel like just crying all the time.please help

[abc123def]

I would give your ex the choice, either he takes his car away and insures it himself or he risks it being carted away. Either way it is not your responsibility.

[Guest]

iv since the last post sent the tax credit office copies of logbook and receipt of the car my ex purchased and insurance but they are saying that the cars insurance is in my name so they would class is at it being mine because if anything happened to the car i would get the money,on the insurance paper work my ex is the owner and reg keeper ....

 

unfortunately it seems as if that is the case, see links post #12. they shld also check with dvla.

 

'The keeper does not necessarily indicate the real owner. To confirm the owner, you need to see the insurance policy including the Certificate of Insurance.' dmbm655170

 

did you try again to come to some payment arrangement with hmrc? did you try your local citizens advice bureau?

what else are they looking to take?

Edited September 25, 2012 by Ford

[Guest]

ok, without any further info forthcoming;

as abc says really.

if they come, then can dispute car ownership is yours. they might prob take it anyway on hold whilst any ownership dispute is resolved. you can complain/appeal to hmrc.

if can't come to some arrangement then looks like walking possession will go ahead. remember, you may not have to let them inside.

if things taken does not cover amount owed, then hmrc may then take the further action as posted before.

see links posted. ensure that what, if anything, they do is compliant. complain/appeal if required.

Edited September 25, 2012 by Ford

[greyone]

thanks for the advise the car insurance documents indicate that the policy is in my name but he is the registered owner does that make a difference? and will they consider my offer of payment which i have offerd before they decide what will happen?The other thing i wanted to know is do they need a court order for the distraint to be put in action or will the auctioneer just contact me when the inland rev make a decision?As at the moment i have not heard anything from them apart from the fact that they are reviewing it...could they except my offer of monthly payments as i have told them or not? I have spoken to citizen advice and they have said that they cannot take my ex car as it is not mine and if they take it,it will be classes as theft,I am now thinking about getting in touch with a specialist soliciter because i think i need legal advice and guidance,many thanks evryone for helping!

[Guest]

registered keeper? does not necessarily mean 'owner' for their purposes? hmrc have more powers than the police!

they have walking possession agreement, so they can act on that.

it seems that if you refuse entry to home, then they may need a court order to enter? did you read the links posted? as abc asked, did you previously allow entry to house?

yes, they can consider your arrangement offer which it seems that they are doing as you say they are 'reviewing it'. if they accept your offer then enforcement would cease.

as suggested, despite disputed car ownership they might still take the car on hold whilst dispute resolved. not sure. if it turns out to be theft then would have a good cause for complaint/appeal.

Edited September 25, 2012 by Ford

[Guest]

any developments greyone?

[greyone]

yes ive had a letter from an auctioneer to say they will be coming to my house to take the cars,iv told hmrc the landrover is my ex but they saying because insurance is my policy even though he is keeper on policy they will assume its mine.My ex has now taken of the policy and put a new policy in his own name will this make a difference? hes also taken the car so i dont know wat will happen when the auction people arrive!!!Have had the worst two weeks of my life Can you advise on how to deal with the auctioneers anyone as i just dont know what else to do.

[abc123def]

Finally your ex has taken some responsibility!

 

It will just be a vehicle transporter that arrives, if there is only one of the cars there they will only take the one. Just tell the auctioneer company the other vehicle has been collected by its owner. That's the end of your responsibility on it. Make sure you cancel your insurance on it though so it is no longer in your name.

[greyone]

i have cancelled my insurance now and will have to tell them when they arrive that the owners taken it,not sure how they will respond! im also going bankrupt so hopefully after all this i can sleep peacfully one day.thanks for all the advise!many thanks

[Guest]

if it was noted on the walking possession agreement then they may kick up!

have you taken ind advice re bankruptcy? if not, do so asap.

some bankruptcy guides here eg http://www.bis.gov.uk/insolvency/Publications

also, check eg national debtline etc http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

[greyone]

just wonderinig if anyone can advise ive now decided to go bankrupt will this stop the distraint? Also i only have my own car at home which is worth about £300 will the auctioneers take this as it has so little value and i need it for work and school drop offs!My ex has taken his car but im worried i will get inoto trouble when the auctioneers arrive as they think they are collecting two cars,whci is what the hmrc have told them.Also when the officer came to my house he told me i had to sign the distraint even if the cars were not mine,is this right should they have made me sign?Although the insurance policy is now cancelled when i checked the policy it clearly stated that my ex was the registerd owner and keeper so surly hmrc should have checked this before they decfided the car was mine and not my ex,even though i was the policy holder,any advise is much appreciated...thanks

[abc123def]

No one can make you sign anything, I wouldn't have signed any order.

 

You need to take proper legal advice if you intend to go BR, the best two people to phone provide free inbiased advice are

 

Consumer Credit Counselling Service - Website: CCCS Telephone: 0800 138 1111

National Debtline - Website: National Debtline Telephone: 0808 808 4000