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In court against the Inland Revenue


dave1509
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Hi there

I'm in court tomorrow against the inland revene - here's the story

 

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 the court to notify it as SATISFIED (and told me that they wouldn;t do that until 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've applied for a hearing and it's tomorrow (I only know this becuase I got notice from the Revenue - not the court)

 

My argument is;

 

A - The charge was not relevant (I didn't owe 87k)

B - I didn't know about the court case as I had moved address so couldn;t turn up

 

Any ideas?

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I had a similar problem a few years ago. 8yrs worth of tax returns and me asking why I'd been sent them, to be told not to worry about it, finally ending up in court as they claimed I owed them £14k. Went to court, protested my innocence but they wouldn't listen. Only when the court requested to the IR double check did they admit they had made a mistake and it was thrown out. Yet 4 months later they still had the cheek to come after me to pay THEIR costs for a case that should never have even been in court in the 1st place.

Their excuse for the whole episode was that it was a computer error, I nearly laughed when the judge agreed that may be the case, but someone still had to program the comp in the 1st place so at the end of the day it was still THEIR error.

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I've applied for a hearing and it's tomorrow (I only know this becuase I got notice from the Revenue - not the court)

 

My argument is;

 

A - The charge was not relevant (I didn't owe 87k)

B - I didn't know about the court case as I had moved address so couldn;t turn up

 

Any ideas?

 

 

I don't know what you have applied for but it should have been an application to Set Aside the Judgement to allow you the chance to defend the claim.

 

Once its Set Aside Directions should be given by the DJ to progress the matter. Usually an Order would be made for you to file a Defence within a timescale of between 14 & 28 days.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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AAAAARRRRRGGGGGHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

And I quote

 

'Legally speaking there is no argument against overturning the prviosu judgement but I really do sympathise with you' - Thanks Judge

 

The CCJ which is marked as satisfied will stay on my account now - Unless any one can help me out - Financially does this kill me? - Will I be able to get a mortgage/finance etc without the ridiculously high rates?

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:eek: wasn't expecting that. basically they are saying tyeah the IR were wrong but tough you deal with the consequencies, poop!

 

Someone will be along shortly to answer your query about mortgage etc

 

 

Idax

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