Inland Revenue - Gotta love em! CCJ!!!

[dave1509]

Hey there gang

 

I posted a little while ago about a dca and am still waiting for the CCa - so fingers crossed

 

Next problem is

 

8 years I registered as self employed then started working and did PAYE and also moved house

 

So...The wonderful inland revenue estimated a bill and sent it to my old address...to cut a long story short they caught up with me last year and asked me for 87k (even thouigh I had been working)

 

I went self employed again for 9 months and filed a correct tax return (a bit late) but they had lodged a CCJ for the 87k

 

I've had a letter confirming that I DON'T OWE 87k but they have written to teh court to notify it as SATISFIED (and told me that they wouldn;t do that util I paid £700 court costs for when they filed the ccj)

 

Now, my problem of course is I DIDN'T OWE 87k and they wont request that the court set it aside, merely lodge it as satisfied

 

THIS IS NOT FAIR - They got it wrong in the first place and had no case whatsoever to persue me for that amount (which they have kind of agreed to given that they have written it off)

 

Their argument is that as far as they are concerned, they believed at the time that I owed them it but I DIDN'T OWE 87k

 

I now have to write to the court and pay £65 to appeal

 

ANY ADVICE?

 

Don't you just love the inland revenu?!

[lemma1968]

Did they get a default judgment i.e. you did not defend so it just went through? How long ago was the CCJ?

 

Eitherway you will need leave to apply to either set it aside or appeal cos you will be out of time i suspect.

 

you could possibly get leave if you exhibit all the correspondence showing the original claim was wrong although the court may want to know how it took so long for you to deal with it.

[dave1509]

Dunno what kind of judgement they got really

I'll be honest, as soon as I got an accountant, he registered me as self employed again then the revenue sent the notice (which I don't have) saying 'you owe us 87k', this clearly went very quickly through the court (as my accountant was dealing with it and I was gathering all my documents etc and didn't attend court assuming it would not not be neccessary)

I was stupid not to attend court and defend myself which may result in me clearly having this ccj still marked as satisfied but if anyone has an idea of how this may be avoided..

 

I'm all ears..or rather eyes

[cazza1968]

It sounds like a default judgment if you did not send in a defence.

 

Depending on how long ago it was you could try and apply to have it set aside out of time so that the court will be forced to look at it again or wait the 6 years for it to drop off your credit file. I'm not a civil practitioner so i'm not sure of the rules. I'm sure someone else here maybe able to help.

You could try a citizns advice bureau or drop into your local law centre (check the phone book) and they have lawyers who volunteer a few hours a week who may be able to advise.

[dave1509]

So it's on my file as satisfied - I went to court and appealed but the court said from a legal standpoint - I didnt turn up to the original hearing so I have to take it

 

I;ve just been turned down credit (even though i earn a very good salary)

 

ANY HELP PPPLLEEEAASSEEE???

[Jerry Dandrige]

Did you actually appeal or was it just the court clerk who told you this?

 

Getting it set aside might open a can of worms. Did you actually owe the IR something out of the £87k or nothing whatsoever?

 

If it was me I think I would try and get the Inland Revenue to sign a "Consent Order" to agree to have it set aside. If they refused you could go to your MP and ask them to write a letter to the IR, that might work, you never know unless you try.

 

It sounds from your first post that you did get the court forms but chose to ignore them, maybe your accountant gave you the impression that they would make it go away or you just thought that.

 

If you didn't get the forms you could request the judgment be set aside as you have a good chance for defending the claim, enclose a copy of the letter confirming you didn't owe the £87k with it and say you never got the claim form. Don't lie though if you did get the claim form!

 

You could always try getting it set aside if your accountant told you not to worry about and they'd deal with it. It's worth a try telling the judge that you thought it would be dealt with by a professional and that the claim wouldn't continue. It would help if the accountant confirmed that, but I doubt that would ever happen!

 

Like I said though, the set aside thing might open a can of worms! Especially if you owed them something.. and you did say you filed the return late, so they had some grounds to go after you.

 

It still stinks though that filing a late return means you have to pay sky high APRs on everything, if you are lucky anyone will accept you for credit in the next 6 years!