HMRC debt - 15yrs old

[D1ngle]

Hi

 

Wonder if you can help or provide any advice on this.

 

15+ years ago I had a mix up on tax where I was paid by two organisations.

 

HMRC were awarded £4-5k CCJ and I had to pay £100 a month. I

 

didn't complete this since they were still adding interest and I wasn't paying the debt.

 

HMRC never chased me for this other than sending updates on outstanding amounts (with interest).

 

I now owe £10k+ and have a letter formally chasing me now.

 

Do I have any legal standing here given the length of time?

 

They are asking for payment in full. I can't afford this.

 

I assume they accept monthly? Would they negotiate (I doubt)?

 

Any other advice on how to approach this please?

 

Any advice appreciated!

 

Thanks

 

D

[honeybee13]

Hello there. I've moved your thread to the HMRC forum for further advice and left you a link to follow from the previous forum.

 

Could you confirm please whether the letter is from HMRC themselves or debt collector?

 

HB

[dx100uk]

Go to their [HMRC] website and fill out the free sar

Make them prove the debt

[honeybee13]

Do you mean SAR, dx? It reads like a satellite receiver.

 

HB

[dx100uk]

Nice predictive text poking its nose in again...

SAR is on their website... Its free too

[renegadeimp]

Can't add on Interest can they unless it's part of the order

[TaxHero]

Tax debts never become statute barred. The CCJ will now be statute barred but HMRC have many other ways to collect the money.

 

You should do 2 things.

 

1) Send a SAR and ask them to prove it. Ask them to put the debt on hold for 60 days with the SAR.

 

2) Ask them to "remit" the debt. Ask for interest to be stopped and removed. It is likely then can charge interest as the interest will be in the Finance Act. This will effectively put the debt on hold.

[BazzaS]

Tax debts never become statute barred. The CCJ will now be statute barred but HMRC have many other ways to collect the money.

 

Once a CCJ is issued it never becomes STATUTE barred (even if it is issued to a private individual or a public agency)

However, if enforcement ceases for 6 years, permission of the court to start / restart enforcement is needed, there is a DISCRETIONARY bar on enforcement.

 

There is, however a statute bar (of 6 years) on what interest can accrue.

 

https://publications.parliament.uk/pa/ld199798/ldjudgmt/jd980729/lowsley.htm

 

I agree that HMRC have other options beyond enforcing the CCJ (that wouldn't be open to a private individual judgment creditor)

[dx100uk]

https://www.gov.uk/guidance/hmrc-subject-access-request

[TaxHero]

If the CCJ was obtained by a tax certificate it is valid only for 6 years and cannot be enforced after this.

 

Normally HMRC use a tax certificate in County and Magistrates Court as there is no defense in these Courts against a Tax certificate.

 

HMRC very rarely go for a second tax certificate as it can be blocked by an application to the tax tribunal.

[D1ngle]

Hi all,

 

Really appreciate the responses. Apologies but I haven't been in the UK for 2 weeks and have been away on work.

 

I will send off the SAR and look for the rest of the info and post back.

 

What is "remit" the debt?

 

Thanks again, this site and members are such a help/relief!

 

D

[TaxHero]

Remit the debt means that they either remove it or suspend indefinitely.

[D1ngle]

Why would they remit the debt?

 

Thanks though, I am waiting for a response from them.

[D1ngle]

Hi All,

 

Just as a small update.

The debt was with the Country Court team at HMRC, but no action is yet taken.

 

I sent in the letter asking for 60days and also submitted the SAR for 17yrs of info.

 

HMRC called me and left a VM asking for a call in by Thursday this week.

 

I just called them and the person on the call stated it was with the county court team, but she has put a hold on everything.

 

Thanks all.

 

D

[D1ngle]

Hi All

 

Quick update. They still haven’t responded to the SAR, but have chased payment for a £100 fine for late payment of single year that is in dispute.

 

Should I remind them on the SAR?

 

I have called and sent past letters stating I was waiting for the SAR and getting advice. They told me my account was on hold on the phone.

 

Thanks

D

[unclebulgaria67]

You could just photocopy their letter and send it back with a covering note saying that they are outside of the statutory time limit for replying to a Data Protection Subject Access request sent to them on x date.

[dx100uk]

you did the on line sar on their site yes?

[D1ngle]

Spoke to soon! They replied yesterday and sent me a large pack (although not as large I, I would expect for 17yrs worth). I am working my way through, but it seems just a series of financial statements. Is this normal and what they should have sent i.e. no context?

 

From what I can see it is my employer, my tax code, then statement. Repeat for each employer and year. Nothing saying about how they got the total amount. Nothing I can see explaining about the initial £5k CCJ. Just a statement saying I owed it.

 

Any key areas I should look for now and next steps?

 

 

Thanks

 

D