BN66 - Round 2 (Court of Appeal)

[OnYourBikeGB]

I wouldnt get your hopes up.

Surely you're not implying politicians can be two faced? You've ruined my faith in the integrity of our political system,

[Tax_shouldnt_be_taxing]

Hi,

I've just had a notice of enforcement by distraint telling me to pay a substantial amount within 5 days or they are coming to take my possessions. Bl**dy hell!

Has anyone else had one of these? This on top of a divorce that is rapidly coming to completion, i am considering just paying up. Feels like everyone wants a slice of me and can do with the added aggro.

Biggles,

This is very common as DR says. I had the same experience and when I contacted the Distraint Office they said they did not know what a Closure Notice was! So I gave them a very concise and accurate explanation and all I got was you have to pay up or else. Anyways, CN and letter from the DO went to MontP. Also re-called the DO and advised them of the HMRC process and a nice letter to them was sent. It is very clear that the Compliance Office and the the Distraint Office do not share the same computer system. The CO told me this and were pretty p*ssed when I told them what the DO was up to. In the meantime I have suggested the DO speak to Singh QC for a steer on this to avoid ending up in court themselves. Singh who they asked. They now have his contact details.

Also have a read of this: http://www.hmrc.gov.uk/factsheets/ef1.pdf

They cannot take your home - it's against the law.

And as they allow you to complain - then DO SO.


Also: http://www.taxaid.org.uk/tax_debt.cfm?secnav=7

They cannot enter your property without a court order so don't let them in. If MontP has appealed and you have the paper trail then that is the evidence you need. They may not know the full story of the situation and they are not in a negotiating position. So once on your property they can act. Sod off might be a good start then get MP to go after them and use the complaints process at HMRC. Note, this is a process which is viable and legal in connection with all SA's affected by BN66.

If you need to complain about HMRC if they come to say hello, call the independent Adjudicator's office (020 7930 2292) for assisstance.

Whatever the position, a knock at the door should be met with a no thankyou and then take up the above lines of engagement. Don't worry though, they cannot take your home and unless inside your property, cannot take any actions there and then - IT'S THE LAW.

[SantaClaus]

I would add to the above post that bailiffs use all sorts of tricks to get past your front door. They are a nasty bunch with no scruples. Remind you of anyone else?

So always open the door with the chain on, and brief wife, kids, etc. to do the same.

If this all gets out of hand, maybe we can march on Mr YouKnowWho's house and start helping ourselves to his goods

[Buzby]

You can take my tele, but you cannot take my home

Biggles,

....

Also have a read of this: http://www.hmrc.gov.uk/factsheets/ef1.pdf

They cannot take your home - it's against the law.

this is the single best news I have seen since the start of this nightmare. Clearly hope it will be resolved before I gets to this stage, but good to know that if everything else fails not going to lose the family home.

[deckster]

this is the single best news I have seen since the start of this nightmare. Clearly hope it will be resolved before I gets to this stage, but good to know that if everything else fails not going to lose the family home.

Don't get too excited. That PDF relates specifically to the enforcement of a notice of distraint; if they so choose, HMRC can still go through the courts to enforce a debt, at which point a forced sale of the family home to realise capital becomes a possibility.

[DonkeyRhubarb]

Clarification

this is the single best news I have seen since the start of this nightmare. Clearly hope it will be resolved before I gets to this stage, but good to know that if everything else fails not going to lose the family home.

I really hate doing this but I think it's important everyone has the facts and is not under any illusions.

Distraint
This is as far as they can go without a Court Order. They can't force entry, and they can only assess goods for possible sale if you agree. If you refuse then they will take you to Court.

They certainly can't take your home under distraint.

Note
Since we have appealed our Closure Notices and had payment postponed, the Distraint Office should not even be involved at this stage. If you hear from them, then it is a mistake which Montpelier will sort out.

Court Order
If, after all the legal avenues have been exhausted, we were to lose our appeal and you don't/can't pay they will take you to Court.

In this event your home would be at risk.

Note
HMRC's barrister has confirmed that HMRC will not enforce collection until after the appeals process has run its course.

[DonkeyRhubarb]

Don't get too excited. That PDF relates specifically to the enforcement of a notice of distraint; if they so choose, HMRC can still go through the courts to enforce a debt, at which point a forced sale of the family home to realise capital becomes a possibility.

You got there before me.

The only bit of good news is that HMRC's barrister Singh has confirmed in writing that HMRC will not take any enforcement action until after the appeals process has run its course.

[Buzby]

You can take my tele, but you cannot take my home

I really hate doing this but I think it's important everyone has the facts and is not under any illusions ...

doh

[PlaneSailing]

How soon is now

doh

Although this is the HMRC commitment:

"We aim to handle your affairs promptly and accurately so that you receive or pay
only the right amount due."

And that, I think might be an avenue to explore. No reasonable person would say that
seven years is anything like prompt.

[DonkeyRhubarb]

Although this is the HMRC commitment:

"We aim to handle your affairs promptly and accurately so that you receive or pay
only the right amount due."

And that, I think might be an avenue to explore. No reasonable person would say that
seven years is anything like prompt.

HMRC are a bit like the Police were in the 70's and early 80's.

Zero accountability.

Any commitment from them is totally meaningless and not worth the paper it's written on.

Our legal team even said that they only took HMRC's undertaking, not to enforce collection until after the appeals, at face value because it came from HMRC's Barrister.

If it had come from HMRC themselves...