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County Court Claim Form and Landlord Tax

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Comments

  • HotTrot
    HotTrot Posts: 97 Forumite
    edited 13 January 2011 at 5:44PM
    ...................................
  • They could but you haven't defaulted yet, it's just in dispute at the minute.
  • HotTrot
    HotTrot Posts: 97 Forumite
    edited 13 January 2011 at 5:44PM
    .....................................
  • The court finding against you and you getting a CCJ but it's extremely unlikely from what you've told us
  • HotTrot
    HotTrot Posts: 97 Forumite
    edited 13 January 2011 at 5:44PM
    ..................................
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    But if the alleged debt will not stand up in a court, it cannot be registered against you. As B&T says, you have not defaulted, it is just in dispute at the moment. Just make sure you have written [not emailed, texted or phoned] to the landlord - or agent - explaining that you are with holding payment until the Landlord produces an HMRC exemption certificate, but you will be forwarding rent in excess of the tax liability for the period in question. Keep a copy.

    To register a default, a default notice has to be served on you, so you will know about it. You should not let this bully you into paying over any money which is required to settle the tax liability. You should just respond that any alleged default is actually owed to HMRC. If, after this a default is registered, it will be wrong and you should refer the matter to the Information Commissioner's Office.

    A further thought on the court papers - it seems that you owe HMRC an unknown amount. You should make it plain that you intend to counterclaim and ask the court for a stay while you resolve the amount with HMRC.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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