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Enforcement by distraint

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  • fogartyblue.
    fogartyblue. Posts: 482 Forumite
    edited 7 April 2012 at 5:00PM
    wheezy57 wrote: »
    Now then, gloves off. May I suggest most politely and courteously that you go and DO ONE so I can carry on fighting this battle.

    Why should I look at it from their point of view? Its my asss not theres that on the line here.

    I have accepted responsibility as thats exactly what I am doing - taking responsibillity and trying to do something about it.

    I dont blame anybody but myself. But if blame has to be apportioned then I feel that the HMRC have some responsibility towards me. They have gone to court, they have deemed me to be guilty therefore the Enforcement notice has been issued. Its taken them four years. And their figures dont add up. Mine do theirs doesnt.

    Also your question whether I believe I am right all the time - of course I am Im a woman. And in this case Im right becuase they are wrong.

    :mad::mad::mad::mad::mad::mad:

    That's it!!!
  • pmlindyloo
    pmlindyloo Posts: 13,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi Wheezy

    Have just found this:

    http://www.hmrc.gov.uk/leaflets/how-hmrc-handle-txcr-opay.pdf

    which gives an overview of the procedure for overpayment of tax credits.

    From my reading and from what you say, there seems to have been a considerable lack of communication that should have taken place from them.

    However, I cannot find any date on this! I know someone said they are not using CCJs so much but going for distraint instead but don't know if the procedure in the above link should have been followed.

    I do wish you the best of luck with this and hope it can all be sorted out.

    It does sound very complicated though. I know you say your CAB is useless. Have you got a larger one near to you? it may be worth using a day's holiday to get this sorted. Continual phone calls are very stressful and it sounds as if you need someone to take some of the stress away (just a thought!)
  • dseventy
    dseventy Posts: 1,220 Forumite
    wheezy57 wrote: »
    That is exactly what I am doing FHS. I think I shall scream if I see that word ignore once more. You guys are finding it so hard to see past your own self righteousness.

    Unlike fogarty, I won't be getting into a slanging match with you.

    You have been given the truth and good advice here, you just choose to ignore any advice or posts that suggest you are in this position because you ignored the problem and your inaction has caused the problem to become serious.

    You are now scared and being defensive and still trying to eek out the last bit of "its not my fault guv".

    Good luck your going to need it. May every knock on your door remind you of your inaction.

    (bowing out of thread)

    D70
    How about no longer being masochistic?
    How about remembering your divinity?
    How about unabashedly bawling your eyes out?
    How about not equating death with stopping?
  • wheezy57
    wheezy57 Posts: 1,337 Forumite
    dseventy wrote: »
    Unlike fogarty, I won't be getting into a slanging match with you.

    You have been given the truth and good advice here, you just choose to ignore any advice or posts that suggest you are in this position because you ignored the problem and your inaction has caused the problem to become serious.

    You are now scared and being defensive and still trying to eek out the last bit of "its not my fault guv".

    Good luck your going to need it. May every knock on your door remind you of your inaction.

    (bowing out of thread)

    D70
    Thank you bor bowing out at last. Thats two down. All the other posters have been helpful and dare I say it sensitive.

    I am hope you will therefore be doing what I asked of fogartyblue and DO ONE in the politest sense of the word.
  • wheezy57
    wheezy57 Posts: 1,337 Forumite
    :mad::mad::mad::mad::mad::mad:

    That's it!!!
    Thank god for that..
  • wheezy57
    wheezy57 Posts: 1,337 Forumite
    pmlindyloo wrote: »
    Hi Wheezy

    Have just found this:

    http://www.hmrc.gov.uk/leaflets/how-hmrc-handle-txcr-opay.pdf

    which gives an overview of the procedure for overpayment of tax credits.

    From my reading and from what you say, there seems to have been a considerable lack of communication that should have taken place from them.

    However, I cannot find any date on this! I know someone said they are not using CCJs so much but going for distraint instead but don't know if the procedure in the above link should have been followed.

    I do wish you the best of luck with this and hope it can all be sorted out.

    It does sound very complicated though. I know you say your CAB is useless. Have you got a larger one near to you? it may be worth using a day's holiday to get this sorted. Continual phone calls are very stressful and it sounds as if you need someone to take some of the stress away (just a thought!)
    I am so glad that you sent that on - its printing off now. It is the most helpful piece of information. One of two things jump out immediately and I shall be using that information to help me. One of the facts is that they should have followed up certain procedures and they clearly have not - nor have I to be fair - but mine was ignorance simple as. On reading the letter from 2008 it would appear that a lady was going to visit me in my home to discuss matters. As I was working I was prepared to switch my shifts around to accommodate her. I didnt need to do that as she never materialised. On ringing the number on the letter to find out what was going on the same number rang and rang and rang out. I tried several times but always the same. After that, well thats history. I found it so hard to chase up a brick wall. Nothing then for four years. Any rightminded person I think (unless your a bully boy fascist with attitude) would not have 'ignored' it as such but just got on with things. If I had owed money to a bank they would have made dam sure I was contacted - by hook or by crook (sorry). The Tax office perhaps didnt place the emphasis of urgency to the case and thats why I am where I am now.

    Lindyloo - thank you for your advice. It means alot, and I wish you well..
  • wheezy57
    wheezy57 Posts: 1,337 Forumite
    Chrissiew wrote: »
    Wheezy dont get into a slanging match with fogarty, its really not worth it, he thinks he knows everything and will argue black and blue, he is not on this site to help anyone, he is here purely to put people down, wether they be on benefits or disabled, the best think you can do is totally ignore him and listen to those who genuinly have some good advice.
    Thank you for that. I have discovered that fb is a seriously deluded man. Chip on both shoulders here. Would probably argue with a feather in an empty room!!!
  • wheezy57 wrote: »
    Thank you bor bowing out at last. Thats two down. All the other posters have been helpful and dare I say it sensitive.

    I am hope you will therefore be doing what I asked of fogartyblue and DO ONE in the politest sense of the word.

    Incredibly rude. You will always meet people with a differing opinion and you can take it or leave it, especially where the internet is concerned, it is totally anonymous and impersonal.

    Fogarty, as far as I can see, was playing Devil's Advocate in trying to get you to see what you might expect to come your way, given that he's familiar with the process. A lot of people would consider being forewarned to be forearmed.

    I wish you luck but, I suspect you may want to adjust your attitude towards the actual people involved or you will suffer the consequences.
  • wheezy57
    wheezy57 Posts: 1,337 Forumite
    Incredibly rude. You will always meet people with a differing opinion and you can take it or leave it, especially where the internet is concerned, it is totally anonymous and impersonal.

    Fogarty, as far as I can see, was playing Devil's Advocate in trying to get you to see what you might expect to come your way, given that he's familiar with the process. A lot of people would consider being forewarned to be forearmed.

    I wish you luck but, I suspect you may want to adjust your attitude towards the actual people involved or you will suffer the consequences.
    You quite clearly havent read the whole thread. Also find out a little bit more about fb. It puts a different slant on his posts...and not just on this thread either!
  • antonic
    antonic Posts: 1,978 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If a distraint visit by a HMRC Field Force Officer IS to be made, you may be lucky and they will ring to make an appointment to see you, if your unlucky they will turn up on your doorstep unannounced, and if your not in leave a letter, with their mobile phone number on it, and ask you to contact them to make an appointment.

    My advice would be to make the appointment and see them and explain the situation.

    Just because it has got to this stage it does not mean that distraint action or further recovery action is inevitable.

    Hope this helps.
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