Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Have they said why they have refused this please?
Because We have had Time to pay agreements for the last 2 years
Its bad news I am afraid.
The dates payments are due are set down in legislation.
HMRC does have some limited discretion and this is of course the TTP arrangement
However if HMRC there is no right of appeal
This means that you can not appeal the decision directly to HMRC
The only thing you can do is because HMRC is a public body, the decision can be Judicially Reviewed
This is where a High Court Judge could consider the decisions made by HMRC and decide whether they are allowed to by law and whether their decision is reasonable.
A Judge can agree with HMRC decision or remit it back for further consideration
But you would need a Solicitor to issue proceedings and represent you.
If you win then you could claim the costs back, but if you lose you may also have to pay HMRC costs
I am sorry as I know this is not the answer you want and it is certainly not what I want to tell you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Hi Alex. their words were due to information provided, does this therefore mean that the initial payment proposal was inadequate are they likely to listen to a more realistic proposal to pay amount owing quicker?
Yes they could, but there are no rules governing what they will or will not accept.
An offer of 25% within 2 weeks seems an acceptable offer and they balance paid over next 4 months
Well its a matter of opinion within HMRC I guess
What is reasonable to you or I may not be reasonable to HMRC
Ok, so what steps do we take if this is refused in discussion tomorrow? also how long to go to Judicial Review?
JR - a Judge could give an indication within a few days.
Read a lot about seeing specific tax lawyers, insolvency practioners
If it is refused then your Solicitor could send a JR pre action protocol letter
This will put them on nottice
Yes. Remember this site is for general purposes and not for very specialist advice
Ok so general advice would be to talk to HMRC again and then what?
Ok so general advice would be to talk to HMRC again and then what
Yes, talk to HMRC and then issue a Judicial Review pre action protocol letter
That is my adivce
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