HMRC and Sigma Red DCA. Help

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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angeleyes6
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#1 HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 19:23

A letter came to my address for my son from Sigma Red Notification of Intended Further Action.

Regarding National Insurance payments they are demanding £667 by 8thApril but he doesn't have it and in any case i am the tenant at the address not himself. and who is staying at mine temporarily until such time he can afford to do otherwise. Is self employed but his sub contract ended and he is doing cash in hand work but still poor, what on earth can we do? Have yet to let council tax know he's here but cannot until this is sorted out i feel.

How can HMRC treat this as if it is Credit applied for when it has not been and is this lawful? I must be out of date as i always thought it was handled by DWP!

Would be grateful of any help and or template letter.

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jasonDWB
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#2 Re: HMRC and Sigma Red DCA. Help

Post by jasonDWB » 01 Apr 2014 19:43

If your son has no goods at the property then distress cannot be levied by a bailiff.

If a bailiff turns up then you need to give notice the goods at the property are yours and cannot be levied.

Template.

HMRC and DWP are two government agencies who share the same terminology but do not communicate with each other unless it suits their own agenda to do so.
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angeleyes6
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#3 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 20:34

Do i have to prove it with receipts as that is now near on impossible?

angeleyes6
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#4 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 20:56

Thank you Jason. He does have his car but he is still making payments on it and at present is doing takeaway deliveries cash in hand to surivive the repayments,don't think they can levy on vehicles that are still on HP though although they may try but it would be above what they state is owed. Do we have to maybe first write a prove it letter to the debt collectors instead of believing what they write because we do not know how old debt is for or something?

angeleyes6
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#5 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 20:58

In fact would it not be trespass of bailiff when it is not my son's property as in his tenancy i wonder?

angeleyes6
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#6 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 21:47

My son hasn't had any contact with HMRC so they seem to be playing guessing games as to him being at my address.

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#7 Re: HMRC and Sigma Red DCA. Help

Post by jasonDWB » 01 Apr 2014 21:50

A prove it letter is used with debt collectors so I can't comment on their use with bailiffs.

If the car is on finance then it cannot be levied upon. It is protected goods.

I don't know what court authority HMRC uses to be on land without permission but I last spoke to an HMRC Bailiff a few years ago and they do have extraordinary powers but they are seldom used.

If someone turns up ask them for their ID and a copy of their authority to enter premises.
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angeleyes6
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#8 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 21:52

How is it that NationaI Insurance can be so treated as applying for credit in essence and passed to debt collectors,when no credit agreement been signed?

angeleyes6
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#9 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 21:56

Red Sigma is debt agency that it has been passed onto from HMRC and stating that HM Revenue and customs visit may visit your premises without prior notice and seize your goods as the law allows. Then about Court proceedings. Obviously a bit of a scare tactics letter and not giving much time and how dare they play guessing games.

angeleyes6
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#10 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 01 Apr 2014 21:58

Do you have a prove it letter template i wonder,please Jason?

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#11 Re: HMRC and Sigma Red DCA. Help

Post by jasonDWB » 01 Apr 2014 22:48

We don't have a prove it letter for bailiffs because they act under authority of a court. It could be a distress warrant, a liability order or a warrant of execution etc. in some cases a high court writ.

After April 06 you can use this letter. Template.. It'll bugger things up if the bailiff is a phoney.
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Hithard
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#12 Re: HMRC and Sigma Red DCA. Help

Post by Hithard » 02 Apr 2014 07:07

As somebody who has dealt with HMRC things would have to have gone quite far for bailiffs to be turning up. The powers that Sigma Red seem to be threatening would be more the sort of thing that customs would do if they were coming after VAT.
Pretty much scare tactics on the part of Sigma Red. Debt collection agencies try it on all the time with strongly worded letters and Oooh Scary! sometimes using red ink. Expect lots of letters all threatening door step collectors paying a visit, but just ignore them. They're pretty much powerless.
If your son phones HMRC or pops into the local tax office they're surprisingly helpful at times and he can find out what is really owed and what action they're taking to recover it. He can even come to an arrangement to pay pretty minimal amounts.
Things have to go quite far for the HMRC to try and recover this relatively small (to them) debt through the courts and then bailiff action.
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angeleyes6
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#13 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 02 Apr 2014 11:23

Thank you very much Hithard it is what my gut feeling was telling me too because with the debt collectors letter from Sigma Red there is no named person signing the letter so how dare they use such threatening language when hiding behind business name and haven't the guts to put a named person to the letter which i think is computer generated but with a few additions and playing guessing games as to my son actually being at this address because so far they have no proof of such apart from letter not being returned but then some folks aren't honest ot there and just might bin it or shred such stuff not in their name. My son said last night he would pick up the phone and deal direct with HMRC so ta ta Sigma Red ! I also looked on HMRC and found some useful other information which can be helpful for him that he can read and use as appropriate. :)

angeleyes6
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#14 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 02 Apr 2014 11:28

Yes and on scrutinizing the letter further it states An HM Revenue & Customs officer may visit your premises without prior notice and seize your goods as the law allows, in one section, not an absolute then! Then underneath in emboldened Court Proceeedings blah blah.

angeleyes6
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#15 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 02 Apr 2014 11:30

Oh and we don't have a local Tax office anymore that went ages ago and like my son said it was much easier to deal with back then and they were helpful but sadly the service went elsewhere out of the area.

angeleyes6
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#16 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 02 Apr 2014 11:32

Oh and thanks for template/s Jason :)

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#17 Re: HMRC and Sigma Red DCA. Help

Post by soupdragon » 05 Apr 2014 14:52

Yes and on scrutinizing the letter further it states An HM Revenue & Customs officer may visit your premises without prior notice and seize your goods as the law allows, in one section, not an absolute then! Then underneath in emboldened Court Proceeedings blah blah.

I have seen it happen where HMRC have sent people round to claim a debt. Never a bailiff though.

And if anyone does come its normally HMRC and they are very polite, they cannot break in and they do have the power to seize and take goods but certainly dont want to. They may threaten if but the chances of it are very slim. They just want the money and are happy to take payments in instalments.

angeleyes6
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#18 Re: HMRC and Sigma Red DCA. Help

Post by angeleyes6 » 08 Apr 2014 19:04

Just to say thank you! :)

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