Enforcement by distraint

wheezy57 · 5 April 2012 at 11:40AM

Hi everyone. I have just had a letter saying that the IR are going to send in the heavies to pick up goods from my house to the amount of £5,114.50 for over payment of WTC and CTC going back 9 years. I have kept all paperword going that far back and I am at a loss as to why they think I owe this to them - immediately. I have tried ringing the helpline but it is unavailable. In 2008 I had the same letter - but for different reasons ie not the same debt - and I tried to contact them and they said I had to fill in a TC846 form - it never arrived. After that I tried ringing and ringing but that number came unavailable. I presumed they had made a mistake and that was that. Until today. I cannot get any help and I am so scared some big bloke is (and in the words on that letter an authorised officer will seize your possessions ......without notice).

What on earth can I do now. Who can speak to if their phone isnt working? I am certain beyond any doubt at all that I do not owe this money and it is an error on their part. I can prove income, bank statements, expenditure etc till I am blue in the face - but realistically I fear it will be to no avail. David and Goliath before the slingshot.

Does anyone else have any experience with this? and can you offer me any help or assurances and indeed guide as to what I do now?

Notmyrealname · 5 April 2012 at 11:46AM

You ignored it and it sounds like its gone to court and they have a walk in possession order. Its now owed in full and immediately because as far as they're concerned you've not challenged it but you've also not paid it.

Its your fault for not chasing up the form when it didn't arrive. You've had 4 years to sort this out.

Post on the debt free wannabee board as they have advice on how to deal with bailiffs on there.

Icequeen99 · 5 April 2012 at 11:59AM

HMRC are using distraint for tax credits now instead of going for a county court judgement.

Which number are you ringing?

There should be a number on the letter (not 0845 300 3900) and you need to keep ringing it until you speak to someone.

To get them to stop recovery action, you need to make an arrangement to pay something (at least £10 per month) unless your circumstances are such that you can't afford it.

Once that is done and action stopped, you can then start the dispute process. You can get the TC846 from the HMRC website, send it in and you will at least find out why you have the overpayment. If you win the dispute, anything you have repaid will be given back to you.

If i were you, i would keep trying the number on the distraint letter as it is the only way to stop action.

IQ

just_trying · 5 April 2012 at 12:07PM

I am sure the helpline is open today i think it is closed over the bank holidays only. Do you owe this money. On your award notice does the amounts you said you earnt tally with what you actually earnt. I have a horrible feeling this has gone to court and you do owe this money. Your only option is to phone the helpline and see if they will help try and stop the baliffs,though there may be nothing they can now do. I am not preaching but you should really have dealt with this ages ago when it first happened and they would have set up a repayment plan that you could have afforded. Good luck.

shedboy94 · 5 April 2012 at 12:17PM

wheezy57 wrote: »

Hi everyone. I have just had a letter saying that the IR are going to send in the heavies to pick up goods from my house to the amount of £5,114.50 for over payment of WTC and CTC going back 9 years. I have kept all paperword going that far back and I am at a loss as to why they think I owe this to them - immediately. I have tried ringing the helpline but it is unavailable. In 2008 I had the same letter - but for different reasons ie not the same debt - and I tried to contact them and they said I had to fill in a TC846 form - it never arrived. After that I tried ringing and ringing but that number came unavailable. I presumed they had made a mistake and that was that. Until today. I cannot get any help and I am so scared some big bloke is (and in the words on that letter an authorised officer will seize your possessions ......without notice).

What on earth can I do now. Who can speak to if their phone isnt working? I am certain beyond any doubt at all that I do not owe this money and it is an error on their part. I can prove income, bank statements, expenditure etc till I am blue in the face - but realistically I fear it will be to no avail. David and Goliath before the slingshot.

Does anyone else have any experience with this? and can you offer me any help or assurances and indeed guide as to what I do now?

Perhaps you are phoning the wrong number because I assure you the line is open.

dseventy · 5 April 2012 at 12:23PM

You need to stop ignoring it and change tactics if your current are not working.

I would write to address on the letters asking for a breakdown of the monies apparantly owed and how the calculations are made. This needs to be checked against your records.

Send the letter "signed for" so delivery can be proved.

I would also go down to CAB (just go down and wait) with all documents and get their advice.

D70

Icequeen99 · 5 April 2012 at 12:35PM

dseventy wrote: »

You need to stop ignoring it and change tactics if your current are not working.

I would write to address on the letters asking for a breakdown of the monies apparantly owed and how the calculations are made. This needs to be checked against your records.

Send the letter "signed for" so delivery can be proved.

I would also go down to CAB (just go down and wait) with all documents and get their advice.

D70

Asking for an 'explanation' won't suspend recovery action. The OP either needs to make a time to pay arrangement (normally the safest option when it has got to this stage) or lodge a dispute (which should suspend recovery but it may be too far down recovery proceedings to do so).

Agree with the part about CAB, but even that might be too late depending on when they get an appointment.

IQ

wheezy57 · 5 April 2012 at 1:00PM

Thanks everyone. Much appreciated. How can I get in touch with someone when the phone is not available. The number they have given me is 01253 503502. It has been unavailable all day. Even the guy at the TC helpline (not debt management) tried and he said he couldnt get through either. I cannot get an app with CAB as I work full time and they dont have any immediate appointments. I am not being obstructive in my dealings with these guys. I havent ignored anything as there has been no basis on which to ignore -no information, noone to contact, a brick wall in effect.

I shall now write a signed for letter and post off today so they will get it tomorrow. Oh dear or dear, its Easter and the nations offices are closed. But at least, the very least I shall have made some sort of contact and have been pro active. Does that count for anything? I have contacted my MP as well and am awaiting his reply.

wheezy57 · 5 April 2012 at 1:01PM

And another thing. Why has it taken them four years to contact me with a threat without providing me with any details on this so-called debt. It is completely different to the one I had in 2008. This latest one included CTC debt. This is the first I have heard of this one. I didnt owe it then and I dont owe it now.

just_trying · 5 April 2012 at 1:24PM

Hi, could someone on the 08453003900 number not give you an alternative number since that one is not working so you could get this sorted out. You do not want this hanging over you to until Tuesday. Best of luck to you.

wheezy57 · 5 April 2012 at 1:34PM

Notmyrealname wrote: »

You ignored it and it sounds like its gone to court and they have a walk in possession order. Its now owed in full and immediately because as far as they're concerned you've not challenged it but you've also not paid it.

Its your fault for not chasing up the form when it didn't arrive. You've had 4 years to sort this out.

Post on the debt free wannabee board as they have advice on how to deal with bailiffs on there.

Not helpful and not supportive.

Enforcement by distraint

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