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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi received letter from collectica enforscement services Notice

Customer Question

Hi received letter from collectica enforscement services Notice of distress warrant on behalf of west yorkshire hmrc outstanding ammount £460 original fine was £375,can you help me with this please,thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Because i wasn't live at my current address due working away i missed letter from HMRC to pay fine fail to surrender to police £375 dated 26.06.2013 they gave me 14 days further steps notice (red letter),today arrived to home and open letter from collectica enforcement services (Notice of distress warrant asking me to pay the same fine but they put amount £460 )

Expert:  Jo C. replied 3 years ago.
Ok.

Why were you due to surrender to police? This is a HMRC debt?
Customer: replied 3 years ago.

yes this is hmrc debt,shop lifting

Expert:  Jo C. replied 3 years ago.
Ok. Thanks

Are these two separate incidents then with the same bailiff?
Customer: replied 3 years ago.

yes

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

Are you asking if you can avoid payment ? If so, its bad news I'm afraid.
Customer: replied 3 years ago.

im not asking to avoid payment i want to ask how i can install repayment plan and with who please?thanks

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  Jo C. replied 3 years ago.
I'm sorry for the delay. I lost my connection.

The court fine is simple enough. You just return to court and hand yourself in for non payment of fines. They will consider your proposals. Magistrates courts are generally fairly lenient over things like this as long as you start making payment and maintain it.

The harsher creditor is the revenue. They are vicious creditors. You may as well call them and ask to pay in instalments. Its free to do that and it does no harm. Brace yourself for them to refuse though.

If they do, you can actually negotiate with the bailiffs. They will probably accept an instalment of £100 a month. If you cannot make that payment given the value of the debt the bailiffs will resist. However, you can start paying the sums you can afford and they may well leave you alone. Bailiffs tend to pursue people who are not paying at all. The risk, of course, is that they will take further enforcement action against you increasing the debt but if you cannot pay in full then you cannot avoid that. Given the sum of the debt I would be surprised if they do if you start paying and do not default now.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

i ask court before but they want full payment and had advice from someone elese to do not call to bailiffs,can you recomend debt recovery companies please,thanks

Expert:  Jo C. replied 3 years ago.
I'm afraid I cannot agree with whoever told you not to call them. Unless they meant write instead. That is a nonsense.

Why do you need a debt recovery service?

Customer: replied 3 years ago.

Because i can not repay all sum in one go.....

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Ash replied 3 years ago.
Your only choice is to speak with a debt management company (not recovery). They may be able to negotiate with your creditors on your behalf if you can not afford payments or to live. There is no point paying for the service as Step Change do this for free. They are online at: http://www.stepchange.org/

However HMRC are known for pursuing debts and it is a matter for HMRC whether they would accept payment through the debt management company or pursue you for the full amount of the debt. Sadly you can not stop HMRC pursing you for the full amount as this is their choice. But go through Step Change as that is your best option. Alex.

Expert:  Jo C. replied 3 years ago.
Hi

I am sorry for the intervention above.

A debt recovery service will not be of assistance and neither will debt management really either.

You need to set up any arrangement directly to avoid the addition of fees

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