Inland Revenue - Threat Of Distraint Action

[Hobo]

Just received a letter for the Inland Revenue stating that if I do not make a payment of 'x' by 3rd July (corporation tax bill) that they will start distraint action against me.

Now, a couple of things interest me. Firstly the fact that the months were paid some time ago & I have proof of payment. However, the more interesting part is the leaflet which came attached which stated that they could turn up at my home and/or office & immediately sieze cars, vans, office equipment, furniture & personal belongings. Is this really the case. I mean could they turn up at my house & empty it ? The company is question is Limited.

I can't wait to speak to Mr Eric Hindmarsh tomorrow to see how he explains his way out of it. Pr!cks. Do they know what they are doing at all ?

[Hobo]

Also, just out of interest. I run 3 limited companies from the same premises. The premises are paid for by another company (not the one the letter is about). How would they know what equipment is related to that business & not one of the others, and would they have the right to seize equipment bought by one of the other companies.

I've never heard of this 'Distraint action' before & am interested in how it works & what exactly they can do.

[groomi]

As you say, they can't just turn up at your house with bailiffs - that's the whole point of having a Ltd company.

I would be weary that thismight be a scam. Is the letter from the Inland Revenue or HMRC. It should be form HMRC as it now includes the Inland Revenue - having said that, I wouldn't be surprised if they're still using old stationery.

[Hobo]

It is on Inland Revenue paper & is correct as the amount they are saying is unpaid is pretty much spot on to what has been paid.

I've just been reading up on it, it is quite interesting. They can gain access to your offices without approval (assuming the office door is not locked), however can only list items that are wholly the possession of the debtor. By Debtor I assume they mean the company, not the individual directors & as such I assume they are not entitled to personal possession.

Is this correct though ?

I would like to know the in's & out's of this, as as previously mentioned, I run 3 limited companies (4 shortly) & as such think it would be of benefit to know if the 'safer' companies should be buying/registered keepers of any expensive equipment, just in case one of the less safe companies had problems.

When I mean 'safe' company, I mean one which could not be not be 'taken down' by a bad debt.

Makes you think.

[Ade355]

Have you seen this PDF? Seems like its the first step in the debt collection process (before CC)

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

Wierd that is was in 'inland rev' headed paper..... that is just confusing.

[Eric Mc]

Both Inland Revenue and HM Customs and Excise paperwork is still being freely distributed by HMRC, even though those two older institutions do not formally exist anymore. They are probably under instruction to use up old stationery stocks - which, as you say, is very confusing.

[Hobo]

Just spoke to them about it. Computer generated letter which should not have gone out. No apology given.

[Jasper Gilder]

Similar happened to me last month - corporation tax payment posted to my PAYE account - which is dormant and has been for 16 years! Accountant sorted it out but says this kind of thing is happening all the time. Something to do with starting to lose the plot I guess