The registrar of Companies / Shakespeare Claimform - late account filling penalty

[pabla13]

 

I have the same problem as the guy with same query in one of the posts . First HMRC didn't answer any of my queries and passed the debt to BPO. Then BPO didn't answer any of my queries and now I got Martinue with a court claim.

 

I wrote email to HMRC that I have tried filling accounts through their online portal till last minute and their portal doesn't accept data. I paid £20 to a third party, filling account service. and the dormant accounts got through, but after a few days of dead line. Did ask HMRC to provide a report if any audit has been carried on their portal to friendly userness or it's effectiveness to file accounts by customers, and various statistics of how many people have filed and how many people fail to file using their portal. No reply!

 

Asked BPO to prove I owe money, if they have some assignment or deeds or prove any loses to them or HMRC since the accounts have got filed. No Reply!

 

Got email from some Martineau that I pay them money in 10 days or it's going to court. This is when I was dealing with BPO and expected their reply.

 

I thought this is some scam email and spammed and barred any further emails.

Got 3 weeks left for defence.

What should be the course of action please .

I am on benefits and jobless.

 

Was even homeless at the time accounts had to be filed.

[dx100uk]

you sure a dca has raised a court claim on an HMRC debt?

doesnt sound right to me

 

scan up the 1st page of the claimform please to PDF

read upload carefully

[pabla13]

Claim Form.pdf

 

I did an electronic response to the claim on moneyclaim.gov.uk and asked for more time, think I am given 28 days.

I challenged it for jurisdiction and the whole amount as the dispute wasn't resolved by HMRC or BPO .

Don't know I done it right or wrong, whatever my head suggested.

 

Please guide

[dx100uk]

ok so not a DCa but the registrar of companies.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[pabla13]

would it still be possible to go on moneyclaim and untick the jurisdiction bit. I will use a changed wording of cpr31:14 from above link, if that's ok. Thanks

[dx100uk]

jurisdiction is often mistakenly ticked by LiP's (litigant in person - joe public against the system) dont worry.

 

 

[pabla13]

After the defence I had sent to court, I had a reply from HMRC .

 

They are answering most of the questions to my previous FOI requests and some are being left to me to research for the answers as the answers are in public domain. They have not answered to how much did it cost them to hire a debt collection agency or a solicitor to take over the case considering what they think I owed them.

 

I am writing back to them to reveal all that and all those involved in this, since I had already told them that I was jobless and on universal credit. I will be asking for a phone appointment with the top gaffer, let's see what doodoo he talks. Martineau or the debt collectors have not revealed anything yet about CPR 13:14. Any advise 

 

Al that this HMRC does can be automated by technology and we dont want theses leeches making up high offices for themselves, since they are inept. It does not and should not cost so much to put put some data  on a dormant company. They have not given me a breakdown of £150 penalty. Just a number plucked from thin air !

[dx100uk]

what defence did you file?

 

dx

 

[pabla13]

I hust asked for CPR 13:14 and wrote that HMRC chose to go to debt collectors and solicitors without providing me FOI. And that the debt collectors or the solicitors haven't given me any clue as to how they have obtained my details to be processed or prove I owe wahatever to the HMRC by any assingnments.

[dx100uk]

Post it up as file on mcol please

[pabla13]

Thats where I did. Now since HMRC is responding with FOI request.

 

Where do I write my further requests.

 

Is it on MCOL or respond directly to HMRC

 

defence

 

I have tried to file the accounts on the online web portal offered by the HMRC till the last minute and date but the website would not accept any data.

 

After the deadline, a couple of days later, I contacted a third party  ‘’Inform direct’’ and was able to use their web portal to file my dormant company accounts and it cost me £20.00. I have made HMRC aware that I am a jobless/ homeless, housed by council on universal credit.

 

Dispute

I have raised a dispute with HMRC that their web filing site its not user friendly and it’s not an effective solution from customers point of view and that HMRC need to prove that they have carried out some or any kind of audits on their web portals to prove me wrong.  If I could file my accounts on a third party website then I should have been able to accomplish that on HMRC web online account filing as well.

 

I needed to know

how many people/companies have successfully used the online account filing web portal to file accounts,

how many are dormant companies,

how many were functioning companies etc and other statistics since the inception of their online web filing portal.

 

Furthermore, I have pointed out that they do not have anybody helping on the phone line to help with filing accounts but they do have people sitting on the phone chasing penalties. Their websites have crashed several times while trying to log on as well. These were the days of covid pandemic and I could not get through other phone help numbers,  couldn’t get through on their website as there were consistent website crashes as well on the HMRC login.

 

HMRC chose to ignore my dispute and called in debt collectors BPO. I started getting posted letters from BPO. The way these letters were drafted, the colour coding  and design etc, they were made to look like some official letters from some authority like a council parking fine letters. This gave me distress, harassment, alarm, fear at the tactics of BPO. I wrote back to BPO to provide some info on how they were able to get my details and process them and also to provide me with details of any assignments from HMRC related to my case.

 

While I was expecting a reply from BPO, an email came from some company ‘’Shakespeare Martineau’’ demanding the money to be paid in 10 days or there would be court action. I thought someone is playing an online scam with me and it does look like that kind of email.

 

Proper solicitor would have posted me a letter and at least introduced themselves to me and their stance to the case. But this was a demanding email from another fourth party when the case was with debt collectors to my knowledge. I deleted this email as I thought it to be an online scam email and such things happen online.

 

Soon, I  received a court letter for a court claim from Shakespeare Martineau.  Shakespeare Martineau has been sent a recorded delivery post for a request of CPR 31:14 as they rely on a contract, a written agreement, signed by both parties for both originals and all existing versions of this contract or agreement, whichever it is. So far I have had no reply from Shakespeare Martineau.

 

HMRC has chosen to ignore my dispute , not provide any answers to me, but beat around the deadline passing the penalty. HMRC have chosen Debt Collectors and Solicitors then to answer the dispute being raised. As such, I refute any claims by HMRC in their entirety that I owe any monies as penalties to them.

 

[dx100uk]

Why did you not return here for help before filing that non CPR compliant defence?

Why are you using FOI?

Goto their website and fill in their sar.

Youve filed your defence, they have 28 days to move the claim fwd, you should know this from rhe letter you got from the court acking your defence.

Yours, in terms of the court claim, is not the next move.

You must get reading up on the court process whats next, what to do.

Dx

 

[pabla13]

have you got a link for their website for sar filling. I thought i was told to do a cpr 13:14 as is in one of your posts above.

 

Can't find the sar template. It says it is at 3 post on the link, thanks 

 

I didn't get any letter from the court after defence, maybe the court process is on mcol site? God knows where I am .

 

I have gone on the SAR page of the hmrc at 

Make a subject access request to HMRC - GOV.UK

WWW.GOV.UK

---

Find out how to ask for access to personal data that HMRC holds about you, or someone who has died.

under apply online , what info do i ask for? There is so many links to so many issues.

 

[dx100uk]

Just send their SAR as is .

Check your spam folder.

Northants bulk might have used email 

Just a silly question, you've not moved in recent times have you?

The court always write stating we have your defence, we have fwded this to the claimant, they have 28 days or the claim gets autostayed 

Dx

[pabla13]

Not very sharp any more, had a series of set back both mentally and physically financially. !0 yrs ago  I fought 50K plus debts with 3 letter process and all those sar and cpr things. these days i forget things so easily. 

[dx100uk]

three letter process is Freeman of the land twaddle, good job you have forgotten all that rubbish.

the judge wont give a 2nd thought to any excuses if you screw up.

nor will the claimant

they will exploit any mistakes.

best idea as we say in all our threads is always checkback here before you do anything.

so you now watch mcol to see if they update the status of the claim regard the sending out of directions questionnaires - the N180 forms.

[pabla13]

got nothing so far on mcol. thanks tiger

[pabla13]

Companies house and not HMRC, has written an email that they will remove the legal cost of £35 and £50 as they had made a claim before settling issues.. They have given me till 20/08/22 to settle the rest of penalty

[dx100uk]

On 19/07/2022 at 16:14, dx100uk said:

so you now watch mcol to see if they update the status of the claim regard the sending out of directions questionnaires - the N180 forms.

 

they have 28 days to progress the claim.