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Good evening

 

This is a long post so please bare with me....

 

One night in August 2013 I received a call on my EX-DIRECTORY TPS registered phone number from DLC claiming that they had written to me

(it transpired they hadnt at this precise point but thats neither here or there).

 

I made it very clear I did not wish to speak to them over the phone and was also somewhat direct with my criticsm of the fact they had called me on my number

 

I am a fraud investigator and deal with some nasty pieces of work locally and nationally and for this reason I am ex-directory.

 

More to the point HMRC have NEVER been given my home number which is a point I made clear to them previously.

 

I asked DLC to explain this and they promised to come back to me.

 

That was several weeks ago so you can imagine my surprise when last week I received a voicemail on the very same number

they had agreed NEVER to call on again demanding that I call them urgently before close of business that day.

 

I called them the next day on the basis that I didnt get home to after they closed and gave them a rocket.

 

They initally denied it and then on the basis that I gave them 30 minutes to explain,

 

they called back full of apology stating that due to a training need someone has used the number which was "archived"

as I had requested it was removed but kept on file "in case I never replied to their letters".

 

I then, despite of all this, and despite the fact that I wanted any further communication in writing, receive a letter from DLC asking me to call them!!!

 

I have complained and will post their reply below but what I want to know is what can I do next as I am furious.

Apparently I owe HMRC from 2007 despite being on PAYE all my working life.

 

Any thoughts on giving these wastes of oxygen what they deserve gratefully received as well as any advice on what to do re HMRC

passing on my number which I never gave them in the first place as this makes me very uncomfortable

 

Thanks!!!

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Here is DLC's response:

 

We refer to your complaint made verbally to our offices on 11 September 2013 and your subsequent emails dated the same and 13 and 14 September 2013.

An acknowledgement of your complaint was issued from our offices on 11 September 2013.

Complaint details (summary)

Our understanding of your complaint is:-

· that you believe our client, HMRC, are in breach of the Data Protection Act 1998 as they have passed your telephone number, which is ex directory, to ourselves without your permission,

· that you made a request to ourselves to remove your telephone number from our systems and correspond with you in writing only,

· that you requested a breakdown of the balance outstanding,

· that dlc are in breach of the Data Protection Act 1998 for telephoning you and leaving a message for you to return our call, after you made a request for all contact to be in writing only,

· that you are dissatisfied with the response issued by one of our Team Leaders in response to your complaint as you believe this does not address your concerns.

· that you have received a letter from us dated 10 September 2013 asking you to contact us when you spoke to us on this day.

If our understanding of your complaint is incorrect, please inform us accordingly. Alternatively if there are any points which you feel we have not addressed, please provide specific details of these by return.

Our findings

Having investigated the claims raised, we can confirm and advise the following:-

· Hillesden Securities T/A direct legal & collections are an agency acting on behalf of our client, HMRC.

· We were instructed to act in relation to the above account on 14 August 2013.

· We are unable to deal with the part of your complaint that relates to actions taken by HMRC. We have referred this part of your complaint on to HMRC who will contact you under separate cover in regards to this once they have investigated the issues raised.

· We spoke to yourself on 16 August 2013 where you made a request that we ceased telephone contact with you and all communication was to be in writing. You also requested a full breakdown of the balance outstanding.

· Following the above telephone call, your telephone number was removed from our current dialling list and we referred back to our client for a full breakdown of the balance for you. Although your number was removed from our current dialling list, a record of this contact telephone number is still retained within our database to ensure an accurate data record.

· We received a telephone call from you on 22 August 2013 as you were unhappy that you had received a letter from us when you had spoken to us the week before. Our agent tried to explain to you that this letter was issued prior to your telephone call on 16 August 2013 and could not be recalled. We apologise for any inconvenience this may have caused.

· On 6 September 2013, we received a response from HMRC advising your returns are outstanding for the periods of 2007/08, 2008/09, 2009/10 & 2011/12 and a statement to this effect was sent to you in June.

· Our client also advised that you could contact their Self Assessment Helpline on 0300 200 3310 if you required further advice or assistance in regards to this.

· On 9 September 2013, one of our agents was tasked to advise you of the response we had received from HMRC. Unfortunately, our agent did not review your account or take note of your request that all communication was to be in writing. Our agent did telephone you on the number you had asked us not to call and she did proceed to leave a message for you to call us back. Please accept our sincere apologies for this and we can assure you that this will be addressed with the agent involved in line with our internal processes.

· You returned the above call on 10 September 2013 where your complaint was escalated to one of our Team Leaders. Within this call you advised that we had not been able to resolve your complaint to your satisfaction. As you remained dissatisfied, the Team Leader escalated your complaint to the Compliance Team on 11 September 2013, to conduct a full investigation following our internal complaints procedure.

· Whilst your complaint was being escalated to the Compliance Team, the Team Leader prepared and issued a letter of response in an attempt to resolve your complaint. You should now be in receipt of this.

· You called our offices on 11 September 2013 asking if a response had been prepared to your complaint; it had, but by which time you would not have received it in the post. An agent read the letter out to you over the phone, where you advised that you remain dissatisfied with the response.

· A system automated letter was issued to you on 10 September 2013 asking you to contact us however, this was issued prior to our conversations with you and unfortunately, could not be recalled. Please accept our apologies for any distress or confusion this may have caused.

· As your file had already been escalated to our Compliance Team on the same day, no further action or attempts to resolve your complaint were made by our collections department or the Team Leader concerned.

· All future communication regarding your complaint will now be addressed by the Compliance Team.

Summary

Further to the above, your complaint has been upheld.

We have certainly fallen short of our usual high standards and we would like to apologise for any distress or inconvenience that has been caused due to this.

Further to the above points, we would like to offer you compensation to the value of £50.00. This is as a result of re-instating your telephone number which breaches 3.3k of the Office of Fair Trading Debt Collection Guidelines for ignoring or disregarding reasonable requests in respect of when, where and how we should contact our customer.

The above offer of compensation has been awarded in line with the Financial Ombudsman Service scale of awards.

We await your acceptance of our offer of compensation by 27 September 2013.

Yours sincerely

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ok well done then

 

if you doto 192.com

 

I bet your details are there for all to see.

 

as for the debt

 

pay HMRC direct

 

but I suspect you know that.

 

i'll leave you to workout how being PAYE you have these debts....

 

I worked for MOD for 30yrs

 

got the same letters

turned out as some of my work was shall we say 'under the wire' to do with what I did

 

they claimed my tax code was wrong.

 

it was ofcourse quickly resolved!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Are the "figures owed" based on HMRC "determinations" for the SA returns they claim are outstanding?.

 

If an SA return is left outstanding HMRC can assume a set of figures.

If you don't correct these by submitting a return (an obligation if they request it, even if you don't owe them any tax),

eventually the "determination" they make becomes "fact" even if it is wrong.

 

Not only is is worth submitting those returns because it is the law

, if what you actually owe is less than what they claim, it is essential to get the return in before they will no longer consider it

(and then their "determination" figures become set in stone, lawfully, under the provisions if the Tax Management Acts).

 

There is an anomaly : they can still insist on a return, even though they may be no longer bound to consider it : bizarre!.

 

Which (if any) years have you filed returns for?

Which are they asking for?.

 

I'd suggest focusing on getting in returns for any years where their "determination" might be no longer recalculated as your priority,

followed by the most recent returns outstanding (as they have ramped up the penalties for recent years), and then concentrate on the others.

 

If you have only worked PAYE you shouldn't owe them anything unless penalties for the non-returns are due.

Make sure you claim any and all allowances due to you (since they may end up owing you money for some years!)

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