Baliff Advice

Droop6981

Hi all
Just quick question.... I own a house (mortgage) and have a tenant in there
I live with my girlfriend whom i pay rent towards her house.

Can a Baliff evicted my tenant in order to reclaim a debt?

It is £7k owed to VAT man. Business has ceased trading

They are currently not happy with my payment plan offered taxaid say it is acceptable.

Tixy

If your tenant has a legal tenancy, and presuming you have permission from your mortgage company to let the property then your tenant could not be evicted.

But HMRC could, and might, commence bankruptcy proceedings against you.
And if they did that then obviously your house would be classed as an asset as part of your bankruptcy. Your tenant still wouldn't be evicted though, they would be allowed to continue until the end of the fixed tenancy or break clause. If they were on a rolling tenancy then they would probably be given notice.

Droop6981

The tenant is actually my brother.... No official agreement in place

Tixy

If there is no valid tenancy then if they did commence bankruptcy proceedings against you then I believe they wouldn't need to give him specific notice or a set amount of time to leave.

spacey2012

He is not a tenant, but a residual occupier.

Droop6981

Is it common for them.to.do.this over 7k?

I have a meeting with a enforcement agent in couple days

They say they haven't received my emails or letters although they have replied

Basically i emailed offering payment plan and they sent a letter saying if i want want to offer a plan to contact them.... Ere that is what i did.

So i rang and asked why they hadn't replied they said it was because they had not heard from me.... Ere they had replied.... So the send this bloke round now

antonic

See my comments in RED

Droop6981 wrote: »

Is it common for them.to.do.this over 7k?

What is the legal entity of this business ? Sole Prop/Partnership/ Ltd Co - its important as it will dictate how they can enforce the debt.

If its a Sole Prop then your liable for the whole lot

If its a partnership, then each of the solvent partners is joint & severally liable for the debt BUT only partnership assets can be levied on.

If its a Ltd Co the debt belongs to the Company and NOT the directors.
I have a meeting with a enforcement agent in couple days Actually they are called field force agents

They say they haven't received my emails or letters although they have replied. Individual case officers who deal with debt pursuit work cant accept emails addressed to them personally, any letters you have written are scanned and stored electronically. The storage system lets anyone ( who needs to) to look at and deal with the letter.

Basically i emailed offering payment plan and they sent a letter saying if i want want to offer a plan to contact them.... Ere that is what i did. What timescale did you offer in the repayment plan ?, have you submitted ALL of your returns AND applied to deregister online ?

So i rang and asked why they hadn't replied they said it was because they had not heard from me.... Ere they had replied.... So the send this bloke round now If you cooperate with the field force agent you may get the repayment plan you want, BUT as I have stated in the point above you have to filed all your returns and deregistered for VAT.
If you cant come to an arrangement then the agent can either levy distraint on your goods/ refer for CCP proceedings/ or recommend bankruptcy

Droop6981

The business is de registered. I was sole owner. I have offered what i could afford and also TaxAid agreed that was a acceptable amount

It was actually the debt management office where mail was sent that said they hadn't received it. Although they replied. They also told me they are not allowed to offer payment plans as it is above there pay grade.

Get told different stories overtime i phone.

antonic

Did you actually speak to the Debt Management Office (if so where) or did you speak to a contact centre ?

HMRC *shouldnt* reject a repayment arrangement because its above their pay grade, it *could* be rejected because the proposed timescale is to long OR because there are outstanding returns.

Did they give you a specific reason as to why it was rejected ?, was the rejection made by phone or by letter ?

Droop6981 wrote: »

The business is de registered. I was sole owner. I have offered what i could afford and also TaxAid agreed that was a acceptable amount

It was actually the debt management office where mail was sent that said they hadn't received it. Although they replied. They also told me they are not allowed to offer payment plans as it is above there pay grade.

Get told different stories overtime i phone.

Droop6981

Manchester office
She said " she is not authorised in there department to authorised plans" i was told by a second person in same office they are but to do in written g" i did this it is one big circle..... The lowest pay grade is for debt up to 349k.

antonic

I *think* you spoke to a contact centre because as far as I know there is no debt management office in Manchester.

If you had submitted the proposal in writing, it should have gone to the Liverpool office *I think*.

OK - now its at the enforcement stage, wait for the field force agent to visit and make the same proposal to them - you maybe lucky and they may accept it.

Good luck !

Droop6981 wrote: »

Manchester office
She said " she is not authorised in there department to authorised plans" i was told by a second person in same office they are but to do in written g" i did this it is one big circle..... The lowest pay grade is for debt up to 349k.