HMRC fines dispute - contacted by Akinika

[Writerchris]

Hi

 

I'm self employed and have had "sole trader" status since 2012. Prior to that I was in a business partnership. My business partner was responsible for the financial side of things. He "resigned" in 2012 and I discovered he'd left everything in a right mess. He took all the money from our business bank account, hadn't paid suppliers or the VAT. It took me a while but I sorted all of those issues out and now the business is back on an even keel.

 

I also discovered that he hadn't submitted HMRC tax forms. I submitted all the ones that I could, paying 100 fines for lateness etc. One form that they would not let me submit was the 2011 tax form as I "wasn't the nominated tax partner." I tried getting my ex business partner to submit it and got the usual lies about it "being submitted years ago" etc

 

HMRC fines grew to £1200 for the overdue form. In desperation I submitted the form anyway. and wrote to HMRC explaining what had happened and asking what I was supposed to do, as I was in the surreal situation of being fined thousands for non submittal of a tax return that I was not authorised to submit.

 

I received a reply from HMRC saying that as I had submitted the tax form I could now be considered as the nominated partner and could now appeal against the fine.

 

I duly wrote and sent off my appeal to HMRC. A month or so later I received a letter from HMRC saying that they could not accept my appeal as it had been made after the 30 day limit of the original tax fine and that I had to write another appeal to appeal their decision not to accept the appeal!

 

I wrote the appeal of the appeal and sent it off. Then I head nothing for a while, then they went back to demanding the fine payment. I wrote to them saying that I was appealing and got a letter back saying they had no record of my appeal of the appeal and as over 30 days had now lapsed I couldn't submit it again.

 

They've now passed the fine to a debt collection Agency by the name of Akinika.

 

 

What do I do now? What do I tell Akinika and how do I proceed with HMRC?

 

 

The whole thing is rather surreal and doesn't seem reasonable or fair at all!

[rebel11]

Hi Writerchris

 

If you were Starbucks, they'd invite you over for coffee and a nice chat and it would sorted in five minutes.

 

Write to Akinika, send it Recorded Deliver, tell them that the account they are dealing with is in dispute with HMRC. Do not speak to them over the phone.

 

These are the OFT's guidelines on debt collection:-

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

You could try and visit your local HMRC office, but unless someone takes ownership of the problem, it will not be resolved.

 

The best thing to do is to send them a Formal Letter of Complaint, mark it as such.

 

Explain what's happened, how they have let you down and what you want them to do.

 

Complaints and putting things right - HM Revenue & Custom

 

Copy your complaint to:-

Ms Lin Homer

Chief Executive

HM Revenue & Customs

[email protected]

[Writerchris]

Hi Rebel,

 

Great thanks very much for the advice. I'll do what you advise and let you know how things turn out!

[dx100uk]

never pay a DCA for a gov't debt - no exceptions

 

dx

[Writerchris]

Well I had another letter from Akinika threatening dire consequences if the "debt" wasn't paid but have just had a phone call from a very nice chap at HMRC who has reviewed my case and cancelled the fines and is sending me a cheque for £101 to refund a previous fine.

 

Thanks as ever for the great advice!

 

WIN

[dx100uk]

hey great result!!

 

dx

[Writerchris]

Hi Guys,

 

I've just received a rude and threatening letter from Akinika

 

"Despite previous requests we note that the above balance remains unpaid and is seriously overdue.

 

HMRC has issued strict instructions that we are to recover the FULL BALANCE immediately.

 

DO NOT IGNORE THIS LETTER. etc etc."

 

Should I write and tell them that HMRC have upheld my appeal and that no debt is owed or just ignore it?

 

 

Thanks!

[dx100uk]

nope you write and complain to HMRC that thir powerless dogs are still harassing you

 

and that unless it stops

 

you will be involving the FCA and the ICO..

 

dx