HMRC CCJ for a debt which does not exist and lost job

[mikkid82]

Hi All

Bit of a long one but I will keep it as brief as possible.

 

I recently started employment within the financial services industry.

Their policy is to check new employees for CCJs.

Turns out that I had one dated Feb 2008 from HMRC (tax debt) to the value of £5648.

Because of this, my offer of employment was withdrawn three days after my official start date - 19th August.

I contacted HMRC regarding this CCJ as I had no knowledge of it.

 

While speaking to someone, he instantly told me this CCJ is incorrect due to a mistake on their part and

in 2012 they deleted the debt and amended my tax records.

 

He then said, that this CCJ should have been removed from my name as it was issued in error.

He forwarded me to their debt management department, and

they said they had no record of the 'debt' being deleted at the time

but see new amendments on my tax history as of today.

When asked about removing the CCJ their response was "I don't know".

 

The first person I spoke to at HMRC is going to send me a statement detailing my tax records

and that I have NO DEBT with HMRC and also a separate letter explaining the situation of what happened in regard to the CCJ.

 

I had contacted Experian as well as Trust Online regarding this matter.

 

After research I appears that I had to contact the courts that issued the CCJ with a N244 form and pay £80.00 to have this removed.

 

Then after sending HMRC a letter of complaint, they replied after a long time,

saying their records were incomplete but in November 2011 they updated their records (after contact with myself) and removed the debt.

At that time they did not mention the CCJ.

 

As I have said I had no idea about the CCJ.

Why should I check my credit file when I know I have no debts?

I have a CCJ set aside hearing on the 21st of this month.

 

Surely if HMRC removed the debt in 2011 due to records being incomplete

then should they have done something about the mysterious CCJ? Or even told me?

 

They issued it to wrong address yet used the excuse "I was not in", yet people are easy to trace, PAYE records is a good place to start.

Also I had claimed JSA and working tax credits before, during and after the whole CCJ process,

so they knew EXACTLY where I lived at the time.

 

Also, I have lost my job over this.

 

I do not appreciate losing a 40k a year job (including benefits) through someone else's inability to keep records correct.

Especially considering I have HMRC correspondence dating to the time with my correct address on it for unrelated matters.

 

Since my name has been brought into disrepute, does this not form libel?

If so, I want the salary that I have lost plus extra.

I dont suffer fools lightly, especially when their mistake cost me.

 

What do you all think?

Edited October 3, 2013 by citizenB

[abc123def]

I can totally understand your anger and frustration.

However you won't get compensation from HMRC.

 

Would the prospective employer respond now to the information that this was an incorrect debt?

Even if they have filled the post, they may well have another post come up and offer you that?

 

I highly recommend everyone checks their credit file monthly even if they believe they have a squeeky clean file,

it's not unusual for mistakes to appear on them (I have one on mine I am trying to deal with atm).

 

You can check your credit file for free on noddle.co.uk

[citizenB]

You need this information from HMRC in writing - I would suggest you make a formal complaint to them.

 

I will also send S.O.S to the rest of the site team.

 

Have you checked to see if this CCJ is recorded on trustonline ? You need this removed and IMHO it should be HMRC that deals with this.

 

http://www.trustonline.org.uk/search-yourself

[mikkid82]

Hi,

 

I have all of this in writing and statement showing that all this debt was removed from my tax records.

 

I have checked with trust online and the CCJ is recorded.

 

I wrote a letter of complaint to HMRC and they replied saying they will pay me the £80.00 to have the CCJ set aside.

 

My main issue is the fact I have lost my job over this.

 

I have spoken to the employer continuously throughout all of this,

they have said they have a vacancy and they need to fill it.

 

Perfectly reasonable in my opinion - they are in business to be in business.

 

Surely since I have lost my job due to HMRC, does this not form some sort of libel case?

 

They removed the debt in November 2011, but did nothing about the CCJ for a debt which no longer existed

and shouldn't have existed in the first place.

[dx100uk]

pers I think you have a VERY good case for compensation out of them.

inc the damage this has caused your reputation.

 

its not something I am familiar with

 

but I do know a relative that succeeded in this some years back.

 

sorry I cant help further

 

good luck

 

dx

[mikkid82]

Thanks for reply.

 

I keep thinking to myself that I have a good case, but how do I go about it?

 

I can't afford a solicitor and after checking the criteria for legal aid, it seems my case doesn't qualify.

So how about the small claims route?

 

According to justice.gov I can get the fees removed as I am on Income Based Job Seekers.

 

Not sure if this is the correct way about it.

 

I went to see the CAB about this a couple weeks ago and they said first thing I have to do was get the CCJ removed and then look into it.

 

Then ushered me out of the door!!!!

 

I already knew that I had to get the CCJ removed,

 

I just wanted to know if I had a case against HMRC but they wouldnt hear me out lol

[honeybee13]

Hello there.

 

I don't know if you have a case against HMRC for your consequential losses, but hopefully someone will be along who does.

 

In terms of a possible libel case, you wouldn't receive legal aid. The figure commonly quoted here for bringing a case is £10k, in case that helps you.

 

My best, HB

[bedofweeds]

I have just concluded a complaint against HMRC.

Without going into the ins and outs it has taken me over 3 years to receive a letter which said that they 'fully accept responsibility for everything that has happened, they were extremely sorry and apologised'

 

In total they compensated me with just under £1500.

 

What I will say is that the intervening letters started off saying that it was my fault, then a bit of both of us, then theirs but I contributed to it, then it was a computer failure, and finally theirs entirely'

 

If you are intent on fighting and suing HMRC be prepared for a long and difficult time. In my case I probably spent 1,000's of hours on it over the 3 years, most of it researching and reading case law

[mikkid82]

Hi, sorry to hear it took 3 years!

 

I once sued an old employer for an injury.

 

They faked a maintenance certificate on a piece of machinery. It failed and I got serious head injuries.

Whole process took nearly four years!!

 

Thing is I have a letter from HMRC saying they removed the debt in Nov '11,

and the letter explains the error as to why it was issued in the first place.

But surely its the creditor/institutions responsibility to apply for a CCJ

if they believe a debtor owes them money, then should they not also be responsible for maintaining that CCJ in light of future events?

 

What I mean is, lets say I had a legitimate debt, didnt pay and got a CCJ.

 

Once that CCJ is payed off, then the creditor informs the CCJ people (am I correct on this?)

 

If this is the case, then someone that applies to issue a CCJ should therefore be responsible for amending CCJ records

if say the debt wasn't legitimate?

 

I seriously want someone head to roll because of this.

[steampowered]

Do you know where the claim was issued?

 

You would need to start by trying to get hold of the court documents - especially the Particulars of Claim.

[estellyn]

I think this is on the wrong forum, as it is not a benefits query - it may get more help on a different forum as the main issue appears to be redress when a CCJ has been wrongly registered, causing harm to the OP.

[citizenB]

I think you are probably correct, estellyn - I will move it to General Legal Issues.

[mikkid82]

Sorry its on wrong forum! first time on here!!

[citizenB]

Sorry its on wrong forum! first time on here!!

 

No worries, you are now in General Legal so all is well with the world

[Ganymede]

Hi,

 

In relation to your lost job, what have you been doing since? Have you been unable to find a similar paid job?

[mikkid82]

Hi,

 

In relation to your lost job, what have you been doing since? Have you been unable to find a similar paid job?

 

No luck at all with a similar job/pay.

 

No one will entertain me due to the CCJ. 99% of employers in financial services will not employ someone with a CCJ,

bankruptcy or others because its deemed unethical for someone with poor credit to be advising the public about credit.

 

I have been applying for other jobs - bills need to be paid after all - so far no luck

Edited October 4, 2013 by mikkid82

[mikkid82]

Hi folks, just an up date.

 

I received a letter this morning from HMRC saying they are not going to oppose me at my CCJ set-aside hearing on the 21st.

 

It also states that the CCJ was issued because their records were showing I was self employed

and in 2012 they amended my tax records and removed the debt, so the CCJ is no longer valid.

 

I also have an appointment with lawyers because I lost my job over this matter.

 

Seriously though guys,

 

check your credit files and your name with Trust Online.

 

I am not the first this has happened to, and I am sure I will not be the last.

 

Will keep you all updated.

Edited October 7, 2013 by honeybee13
Removing law firm name.