Reply to: VAT Winding up order issued – in error

[planetit]

Right here comes an obvious question.

My quarter ends on the 31st Oct. What is the definition of 'prompt payment'? Actually on the date (difficult as it's a Monday and I work away from home) or Sunday the 30th? or the following weekend? (I pay online)

It's a tricky one and I'm never quite sure - I might even ask my accountant ...

You have a month to pay (so end of Nov). It tells you the due date on the VAT100 form. But if you file online, why not set up a Direct Debit and you get a few extra days to pay. They will take the money sometime in December.

[cojak]

Right here comes an obvious question.

My quarter ends on the 31st Oct. What is the definition of 'prompt payment'? Actually on the date (difficult as it's a Monday and I work away from home) or Sunday the 30th? or the following weekend? (I pay online)

It's a tricky one and I'm never quite sure - I might even ask my accountant ...

[wxman]

Case dismissed - with solicitor now having to pay me £1,237 to cover my costs etc - as ordered by the judge.

He was not happy that this petition was even issued as the outstanding amount has already been paid and was therefore dismayed that were asking for there costs to be paid by me.

Overall quite a result IMO.

[wxman]

Well FAX has not arrived and the court have informed me that they have not yet recived notice that the case will be dismissed - Yet the Solicitor has verbally told me that it was.

I am on thin ice here... so I will go to Bristol tomorrow and state the facts - I for one dont want to loose a business that I have built up over eight years just because some one was not doing there job properly.

So tomorrow - I will ether be struck off! or filling in my own claim

I will report back tomorrow PM.

[BobTheCrate]

wxman I feel enormous empathy for you. It's all very well for others to say 'don't mess with C&E' but I don't think you have messed with them particularly badly. Those castigating you for example really tempt the wrath of the C&E empire upon themselves. Then it'd be a different story of course.

Customs & Excise absolutely loathe the businesses that ultimately pay their inflated salaries. The slightest excuse to wind up a company, fine it as much money as possible with grossly inflated spurious charges and they will.

This happens because they have been given way, way too much power over the years. This diminishes natural respect toward civilians and encourages the aggressive domineering behaviour they have long since cultivated. As a consequence they're as corrupt as sin. So much so that they can put anyone (no matter how innocent) out of business and personally bankrupt whenever they choose and with complete and total impugnity.

I suspect many, many small businesses suffer this additional taxation. C&E even went with their begging bowl to Government asking them to change the law making genuine and simple mistakes a criminal offence. Thereby ramping up the intimidation against registrants even further.

I say bring it on. Let the loathsome parasites cripple all of Britain's small businesses and send most of us to prison. Maybe then it might just become apparent to Gov't, that if the Treasury isn't to become bankrupt itself, it would be quite a good idea to sack half the C&E employees and cut the powers of all the remaining little Hitlers by 80%..

[boredsenseless]

However all this reminded me to fill mine out for the last quarter today

[sparklelard]

I would give the clerk of the court a ring, just to check tha the court session is still booked. Last thing you want to do is to travel to find it has been cancelled.

[wxman]

Lol MarillionFan - never again will I be late with VAT - and yes it was because I was lazy.

I am still waiting for fax conformation that the Petition will be dismissed – which was promised to me by 15:00 today – it has still not arrived.

Overall I am not impressed by this 32 million / year turn over Solicitor Outfit– twice I phoned after 15:00 to ask where my fax was and was told that “the Solicitor is charge is really busy this afternoon” and not to bother phoning back again as he had got the message and was dealing with it.

This after they issued a Petition that would have ruined me and my company – all because they did not check some simple facts and they want to charge me for this privilege.

Sorry if I am carping on – but now I do want my two days loss of earning (I have invoiced them already) and will still be attending the hearing (unless the fax arrives) down in Bristol on Wednesday.

[MarillionFan]

Pay early next time you lazy g't.

[wxman]

Well some good news this last hour…After a number of phone calls this morning the solicitor, acting on behalf the VAT people have now agreed that the petition WAS issued in error and that the call for it to be enforced as well as the request for costs have been dismissed.

Great – just the two days work that I have lost so I will be sending this to the court for them to review on Wednesday!!

I am so glad that I did not roll over and pay up!

[wxman]

Remember these are the solicitor fees and not the VAT fees.

This is just solicitor Vs Me

[Mordac]

Same thing happened to me about 5 years ago - my VAT office was closed and my "account" moved to another office, and someone lost my paperwork - after I had paid on time. I got the usual nasty letter, so I took them a bank draft in person, which they promptly lost, so I was issued with a winding up order 2 weeks later. I did get the process stopped in time, by phoning the solicitors and explaining the situation. They were pretty relaxed about it ("happens all the time apparently" was the quote ) and the penalties were withdrawn. The solicitors also withdrew their costs. Scared the sh1t out of me at the time though.

[boredsenseless]

I am reluctant to stump up these fees as the petition was issued after I had paid every thing - sure if I still owed the VAT money then I should pay - but the petition was issued in error - a simple phone call from the 32 million / year turnover solicitor to check if the money was still outstanding was all that was required. Instead they were incompetent in not checking the facts and just pushed forward – remember these are the solicitor fees and not the VAT fees.

I have a fight on my hands here – but right now I will not be paying these damm costs and will be attending the hearing.

Hold on a minute, you've admitted that you are late. The fact you've paid doesn't alter that. You still withheld monies unduly even if only for a short amount of time.

Pay up avoid the pain and heartache and but a better calendar so you never forget again.

What on earth is more important than paying these guys on time given that we all know what they can do if you don't? Stong whinging and pay them. If you feel really aggrieved pay them and then write to ask for them to consider paying it back as it was in error. Whatever you do don't go into court with the fines unpaid you'll get crucified

[Mailman]

If you have anything that says the note was issued in error then you will be fine. Id mention your costs to the judge at the hearing and tell him you want to be compensated for the error of C&E and see what happens.

Mailman

[MarillionFan]

Try not to drop the soap in the shower would be my next advice then.