Drysden Fairfax - HMRC personal tax liability

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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Alonso
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#1 Drysden Fairfax - HMRC personal tax liability

Post by Alonso » 23 Nov 2014 13:31

Hi All,

I have a small (£1K) personal tax liability with HMRC it is over a year old but I haven't been paid for a year, I have written to them regularly but not had responses. I recently paid a small amount towards it (£25) and offered to continue the same monthly by recorded delivery. No response. I'm going to pay it again this month and write again.

I've since been getting regular threatening letters from DF solicitors. I'm conscious they have no power but write letters insinuating they have trying to bully you and scare you. But I'm not sure if the reason HMRC are not responding is because they've engaged DF?

I have a few questions.

DO these companies add their fees to your debt? I'm I legally obliged to pay them.

Do you have to deal with them or can you go back to HMRC? The payments I have been making have gone directly to HMRC.

How likely are they to go to a CCJ for a debt of this level?

If so, how long will it take for them to actually take me to court. DF have suggested if I don't respond in 7 days they'll do so four times now...

Thank you in advance,

Best,

Alonso

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Schedule 12
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#2 Re: Drysden Fairfax - HMRC personal tax liability

Post by Schedule 12 » 23 Nov 2014 16:03

HMRC doesn't need a CCJ to send bailiffs.

They can't unilaterally add solicitors fees because there is no contract between you and the solicitor.
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Alonso
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#3 Re: Drysden Fairfax - HMRC personal tax liability

Post by Alonso » 24 Nov 2014 19:59

Thanks Jason.

Does that mean I should engage with the solicitors then?

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#4 Re: Drysden Fairfax - HMRC personal tax liability

Post by Schedule 12 » 24 Nov 2014 21:24

To be honest I don't know why HMRC have instructed solicitors. HMRC has statutory enforcement powers.

Its like the DVLA instructing solicitors to recover unpaid car tax when it also has right of audience at magistrates courts.

This is highly unusual. In fact I've never seen it before.
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Hithard
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#5 Re: Drysden Fairfax - HMRC personal tax liability

Post by Hithard » 24 Nov 2014 21:57

Descendite ne illegitimi

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#6 Re: Drysden Fairfax - HMRC personal tax liability

Post by Schedule 12 » 25 Nov 2014 07:45

I might not be the best one to comment on tax recovery. My accountant has always done it. But a DCA has no power to take control of goods.
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Hithard
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#7 Re: Drysden Fairfax - HMRC personal tax liability

Post by Hithard » 25 Nov 2014 11:15

Hello Alonso,
This article may help http://www.astaraccounting.co.uk/fullar ... lectors-8/

Is your local tax office still open as I know that a lot were closing down and the services being put online or on a telephone help line (You'll be kept on hold for ages usually, but are often helpful surprisingly). have you tried phoning?
My personal experience with tax arrears was that as long as you pay something they tend to leave you alone and won't take court action until it looks like you're trying to avoid the debt.
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Alonso
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#8 Re: Drysden Fairfax - HMRC personal tax liability

Post by Alonso » 26 Nov 2014 22:01

Thanks all.

Hithard - those links are excellent that is in fact exactly what I was looking for.

I've put everything in writing to HMRC, but I think I'll give them a call tomorrow and see where I get to.

Alonso
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#9 Re: Drysden Fairfax - HMRC personal tax liability

Post by Alonso » 26 Nov 2014 22:10

See threats on one of their letters.

Image

Alonso
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#10 Re: Drysden Fairfax - HMRC personal tax liability

Post by Alonso » 26 Nov 2014 22:11

That image isn't displaying properly on my machine.

Link here: http://tinypic.com/r/2u70nys/8

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#11 Re: Drysden Fairfax - HMRC personal tax liability

Post by Schedule 12 » 26 Nov 2014 23:04

I don't know why they have bothered telling you all that. If HMRC intended to do any of those measures, they would have by now. HMRC doesn't need solicitors because it already has a power to execute all the above.
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