URGENT - HMRC sent bailiff for a non-existant 2008 VAT debt

[kylie1dw]

Hiya

 

Any help would be very much appreciated please.

 

Started up in business in 2003.

Due to the recession the business was closed in 2008.

 

Due to lack of money the vat retuns from july 2007 to oct 2008 weren't filed until close of business at end of 2008.

The said returns were all sent together with a covering letter stating the business was now closed

and I was de-registering for VAT.

They replied and sent a form to fill in to officially de-register, which was duly filled in and returned.

 

Somewhere around 2011 I received one of there yellow surcharge letters saying I hadn't filed my vat return on time so a surcharge would be added etc.

I phoned up and was told there must be a glitch on the system and to just ignore it. which I did.

 

Then in Feb last year (2014) received a call from HMRC debt management saying we owed in excess of £7000 in unpaid vat

saying we were still in business.

They were told that is not the case as the business was closed in 2008, and asked they put it in writing.

 

Received a letter stating they had decided the business ended in 2008 and to file the final vat online.

 

I could not file online as never had a log-on (didn't even know you could it was always a paper return).

 

 

in a panic, I sent them my photo-copies of the vat returns and de-registering form as I did not have a working printer to copy them again.

I sent them off with a hand written letter as to why I couldn't file online.

 

Heard absolutely nothing from them until Dec 2014 when received a letter of impending enforcement for £3000.

Phoned them up and explained what had gone on and said would send a letter stating we would look for the information

and gave various contact details so they could advise a course of action. Letter was sent.

 

Yesterday the bailiffs turned up at the door,

hubby told them go away and promptly phone the debt management team.

They said they never received a letter to which I cant imagine what hubby said as I was at work,

but eventually after looking she said oh here it it and read it back to him.

 

As its been over 7 years since the business closed I dont have the paperwork anymore,

but I did find a box of old floppy discs where I managed to get a disc to work with the VAT accounts for the business from start to finish.

 

 

Phoned HMRC debt management up this morning and said I have all the information that is needed.

She informed me that she would arrainge for the vat returns to be re-issued so I could fill them in again

and she would personally deall with them and bring this farce to a close. Finally.

 

Well so I thought anyway.

10 mins later she called back and said that vat returns cant be sent in more than 4 years late

so the debt still stands and the bailiffs have been informed to continue.

 

Is there anything I can do?

 

 

It's my word against there's.

I know I sent the returns.

 

 

Why has it taken until now before they suddenly decide I owe them money.

 

 

I have 14 days before the bailiffs can returned for the money or goods to the value of.

 

 

Sorting out the appeals procedure letter but that wont stop the bailiffs and I dont have any money.

 

Any ideas please

 

Oh and I forgot. After sending the returns they should owe us money albeit less than £50

[dx100uk]

you sure they are bailiffs?

sorry for the silly question

who's the company?

 

 

dx

[sillygirl1]

Stay off the phone. Put everything in writing, very simply and send them the documentation again, tell them in the letter their decision on the phone is mis-applied as you had originally sent documentation and they are going to be sued for harrassment if they do not cease the action.

 

If you do phone them make sure you have a recording and tell them you are recording the conversation.

 

One of my brothers had a similar problem recently and the HMRC were going to make him bankrupt but backed down at the last minute when faced with a load of documentation and recordings...HMRC are NOT gods (even though they think they are) and don't always get things correct.

[kylie1dw]

It's the HMRC debt management team and I think it was a field agent. Apparently they have more power to seize goods than if they use an outside bailiffs. Vat rules changed in I think 2011 where by they don't have to inform you if you fail to submit returns. There a law unto themselves. I don't have proof as such that I sent the returns all I now have is a floppy disc with my vat accounts on.