Reply to: Told HMRC I am unable to pay

[BrilloPad]

If a field officer is going to turn up with a bailiff or Court order, they have to give notice.

And you don't have to let them in. And you should not let them in.

JUST STOP DEALING WITH THEM.

[webberg]

Field agents have a task to do and initially at least it's to meet the taxpayer and make an assessment of their situation and whether the claimed circumstances do actually exist.

Once the circumstances of being able/unable to pay through assets sales, borrowing, instalments is understood, then a plan is made to collect whatever is considered collectible.

Make no mistake, that they will expect sacrifices to be made to pay outstanding tax. They will on occasion go for Court orders or bankruptcy. They have also been known in some circumstances to advise "no action". The latter is rarer than you might think, but does happen.

If a field officer is going to turn up with a bailiff or Court order, they have to give notice.

[nad76]

At what point do they force you to sell your house to fund the debt? What do they do if you are married, with a partner who contests the amount of equity accessible based on the proportion of the deposit paid by each partner?
At what point do HMRC completely destroy a life based on a, potentially, incorrect APN?

I get the feeling that they don't care about ruining lives, their attitude seems to be ' you owe what you owe' kind of like those illegal loan sharks, they start with the fingers, then toes/kneecaps etc.

So I'm getting the message of 'don't let the field agents in' but the link on an earlier post says that they put you into 2 categories can't pay/won't pay and those put into the won't pay category are unlikely to be given time to pay. won't not letting the agents in aggravate them into deeming me uncooperative and assessing me as a 'won't pay'?

[jbryce]

Be polite but firm.

Ask him/her what he/she wants and explain that there are no assets and no income to claim against.

His/her job is to prepare a report on your circumstances, i.e. "taxpayer says he has no income but brand new Aston Martin on the drive".

Providing you have been honest to date, no reason to change that policy just because you have a real person to deal with rather than an anonymous number/name.

He/she will report to control and a decision will be taken as to how to proceed. If you really have no income/assets now or in the foreseeable future, then ask the officer to consider remission of the tax. Ask him/her to copy his report to you.

At what point do they force you to sell your house to fund the debt? What do they do if you are married, with a partner who contests the amount of equity accessible based on the proportion of the deposit paid by each partner?
At what point do HMRC completely destroy a life based on a, potentially, incorrect APN?

[Iliketax]

Thank you, I'm pretty much resigned to the fact that some how I will have to pay what they are asking for, but my circumstances right now wont allow it. In a few months I will be able to remortgage and pay it that way but i'm just worried that these 'field force officers' will come in and start taking mu things away, its not like I have loads of stuff of value, but the idea of someone searching my house for things to take is terrifying.

Have a read of this You need time to pay - TaxAid and give them a call if you want to chat it through.

[nad76]

Be polite but firm.

Ask him/her what he/she wants and explain that there are no assets and no income to claim against.

His/her job is to prepare a report on your circumstances, i.e. "taxpayer says he has no income but brand new Aston Martin on the drive".

Providing you have been honest to date, no reason to change that policy just because you have a real person to deal with rather than an anonymous number/name.

He/she will report to control and a decision will be taken as to how to proceed. If you really have no income/assets now or in the foreseeable future, then ask the officer to consider remission of the tax. Ask him/her to copy his report to you.

Thank you, I'm pretty much resigned to the fact that some how I will have to pay what they are asking for, but my circumstances right now wont allow it. In a few months I will be able to remortgage and pay it that way but i'm just worried that these 'field force officers' will come in and start taking mu things away, its not like I have loads of stuff of value, but the idea of someone searching my house for things to take is terrifying.

[webberg]

But what do I do about the field agent that is going to visit me?

Be polite but firm.

Ask him/her what he/she wants and explain that there are no assets and no income to claim against.

His/her job is to prepare a report on your circumstances, i.e. "taxpayer says he has no income but brand new Aston Martin on the drive".

Providing you have been honest to date, no reason to change that policy just because you have a real person to deal with rather than an anonymous number/name.

He/she will report to control and a decision will be taken as to how to proceed. If you really have no income/assets now or in the foreseeable future, then ask the officer to consider remission of the tax. Ask him/her to copy his report to you.

[LandRover]

Treat them like bailiffs. Do not let them in. Tell them you are finding their attention stressful.

You make think about visiting your doctor to complain about the stress from harassment.....

Excellent advice...get stress on the medical records, you may find that useful if it goes to court etc.

In fact open question to anyone, will medical profession write letters to HMRC informing them of the stress being caused?

[StrengthInNumbers]

APNs are not getting withdrawn on their own any time soon. Take proper advice on how to handle this. I could have helped but I don't have that knowledge.

[BrilloPad]

But what do I do about the field agent that is going to visit me?

Treat them like bailiffs. Do not let them in. Tell them you are finding their attention stressful.

You make think about visiting your doctor to complain about the stress from harassment.....

[horrada]

But what do I do about the field agent that is going to visit me?

I'm in same position. I just agreed 12 months payment plan which I cant afford.
So after 5 months Ill be saying all my money gone now so what do you want to do?
I see it as if I dont agree now then 5% penaltly, but I will be expecting a 5% penalty on remaining amount oustanding after 5 months.
Also it gives me a bit more time to compose, appeal their invalid discoveries.

You never know APNs may be withdrawn with that time, as already in another case.

[nad76]

But what do I do about the field agent that is going to visit me?

[Mojito]

HMRC can only petition for bankruptcy, a judge has to grant the order

The chance of HMRC getting a bankruptcy order against someone for an APN are zero.

I'd have to agree that particularly in light of the 2,000 APN's withdrawn from MontP clients, you'd have to look hard to find a judge that will grant a bankruptcy order against an APN alone. Stand firm!!

[PeterF]

Haven't some folk had visits from private collection firms, having had the case passed to them by Hector? If I've remembered that correctly, does anybody know which circumstances lead to it?

[nad76]

They are bullying. Stop dealing with them.

The chance of HMRC getting a bankruptcy order against someone for an APN are zero.

Really? what should i tell the Field force officer thats going to turn up on my doorstep?