Enforcement by distraint

wheezy57

just_trying wrote: »

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.

I am now hanging on to the Credit helpline as we speak. I have written the letter and shall post off today. Thank you for your advice.

wheezy57

A young guy has just told me sit tight as there is noone available until Tuesday. There is note on his screen to ask someone to contact me to try and explain what the hell is going on. So far that hasnt happened. There is just nothing I can do. I have even trawled though numbers that have rang my number whilst I have been at work that I dont recognize and one of them just goes dead. I dont ever ever cry but right now I could cry with utter frustration as I am powerless and helpless.

wheezy57

shedboy94 wrote: »

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

This line is most definitely not open I can assure you of that.

fogartyblue.

With a distraint, there is no need for HMRC to prove anything.
The responsibility lies with the claimant to make early contact to sort it out.

The case has already been to the Magistrates Court.

HMRC are now using this method as they have in the past with ordinary tax debt. It works quite well, as people have got savvy on how to block/waste time using the County Court procedures.

This way they say there is a debt - they just remove goods and chattels to the value - and they are not limited to hours, days etc that normal bailiffs have to comply with - they can actually break in to remove the goods!!

http://www.hmrc.gov.uk/factsheets/ef1.pdf

http://www.hmrc.gov.uk/leaflets/c14.htm


My father used to authorise this action day in day out before he retired.
There is nothing better to get money off people if a bailiff (sometimes a sherrifs officer) and the Collector of Taxes turn up at your door in the late evening or early morning demanding payment or else!

This should have been sorted out before it reached this final step.

Me personally, I would have been down at any one of their public counters demanding to know what was going on 4 years ago!!! I certainly wouldn't have been asssing around with the telephone or a letter.

wellynever

Forcible entry

S61 (2) TMA 1970, S121A (2) SSAA92 and Para 2(2), Sch 12 FA 03 allow you to apply under oath to a Justice of the Peace for a warrant to break open the premises to levy distraint for direct taxes, NIC and SDLT where you cannot gain access. These provisions are rarely used and such a warrant would be granted only in exceptional circumstances, depending on the quality of the evidence.

Icequeen99

wellynever wrote: »

Forcible entry

S61 (2) TMA 1970, S121A (2) SSAA92 and Para 2(2), Sch 12 FA 03 allow you to apply under oath to a Justice of the Peace for a warrant to break open the premises to levy distraint for direct taxes, NIC and SDLT where you cannot gain access. These provisions are rarely used and such a warrant would be granted only in exceptional circumstances, depending on the quality of the evidence.

Yes, but that is for forcible entry. For normal distraint, HMRC don't need to apply to the Magistrates Court under s.61(1) TMA 1970.

Distraint was never used for tax credits, but in the last couple of months HMRC have decided to use it instead of county court proceedings.

IQ

fogartyblue.

wellynever wrote: »

Forcible entry

S61 (2) TMA 1970, S121A (2) SSAA92 and Para 2(2), Sch 12 FA 03 allow you to apply under oath to a Justice of the Peace for a warrant to break open the premises to levy distraint for direct taxes, NIC and SDLT where you cannot gain access. These provisions are rarely used and such a warrant would be granted only in exceptional circumstances, depending on the quality of the evidence.

That was the case when the Taxes Management Act received Royal Assent in 1970. But things have moved on since then from a practical point.

Yes they still have to, normally, obtain a warrant to enter, but the open warrant that the Collector of Taxes has, as does quite a few other government departments only requires the signature of a civil servant of sufficient rank.

In cases where they think assets might be in danger of being removed (trying to hide a car for example) the normal Warrant card that the Collector holds enables him to force entry at will.

That is quite a common action, mainly used by the Official Receivers Office, where all civil servants of sufficient grade are also High Court Officers by right!

Been there and done that one!!

Putting a family asleep upstairs out on the street at 7am and the shop on the ground floor padlocked against re-admission - great fun, very distressing, I hated that part of my job, but my dad loved it - he was nicknamed by all in the area he met as 'Hitler'!!

wheezy57

fogartyblue. wrote: »

With a distraint, there is no need for HMRC to prove anything.
The responsibility lies with the claimant to make early contact to sort it out.

The case has already been to the Magistrates Court.

HMRC are now using this method as they have in the past with ordinary tax debt. It works quite well, as people have got savvy on how to block/waste time using the County Court procedures.

This way they say there is a debt - they just remove goods and chattels to the value - and they are not limited to hours, days etc that normal bailiffs have to comply with - they can actually break in to remove the goods!!

http://www.hmrc.gov.uk/factsheets/ef1.pdf

http://www.hmrc.gov.uk/leaflets/c14.htm


My father used to authorise this action day in day out before he retired.
There is nothing better to get money off people if a bailiff (sometimes a sherrifs officer) and the Collector of Taxes turn up at your door in the late evening or early morning demanding payment or else!

This should have been sorted out before it reached this final step.

Me personally, I would have been down at any one of their public counters demanding to know what was going on 4 years ago!!! I certainly wouldn't have been asssing around with the telephone or a letter.

I honestly thought they had made a monumental cockup and I felt no compulsion to 'sort it out'. Why then has it taken four years without any contact - letter, phone call, email to let me know this is what they were planning to do. If it has gone to a Mag Court why wasnt I inolved. Do I not have the right of defence or is it a foregone conclusion. Them against me. And now I have to '!!!' around with a letter and an attempted phone call - I do not have a choice. I am perhaps not as confrontational as your good self. They have to prove beyond that I owe this money. How can they say that without consulting at all in all the nine years. You must be very very proud of your Dad as he appears to have passed alot of his lifes experiences on to you.

I would rather go to prison than pay what I dont owe. And they can call on me at any time - early or late and they wont get anything - I dont even have the 50p to give them let alone £5K. If I wasnt so scared I would laugh.

You also sound a very spiteful man with perhaps alot of experience. I have NO experience and am one hell of a frightened lady

just_trying

I do not know what else you can do wheezy57, you have tried phoning to get this sorted out. The main thing is you have your previous awards and they tally with what you earnt. This must be a very distressing time, thinking that you are going to have baliffs coming to the door. The only thing you can do is phone first thing on Tuesday morning and try and get this sorted. Another thing is can baliffs just come and take anything i did not think they could and if there has been a mistake somewhere and the op does owe the money could she not come to an arangement with the baliffs to pay it off.

shedboy94

wheezy57 wrote: »

This line is most definitely not open I can assure you of that.

In your original post you said you were trying to call the HELPLINE - I work on the helpline so that's why I assured you it was open. It wasn't until a later post that you said the number you were calling was 01253 503502 which isn't the helpline. This may however be the telephone no. for the external agency that the debt has been passed to.