How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have received a bill for approximately £4,000.00 from the

Resolved Question:

I have received a bill for approximately £4,000.00 from the Inland Revenue who have put me on the wrong Tax Code which is due to their mistake not mine do I have to pay this even though its their error.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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.
Alex Watts : You were underpaying tax is that right?
Customer:

Yes. The Inland Revenue set my Tax Code which is what I have been paying for the past 2 years and now they have sent this huge bill for me to pay but this is surely their error not mine as I paid what was asked of me honestly and I should not be held responsible for this error.

Alex Watts :

Sadly even though it is their fault, you have paid the wrong tax.

Alex Watts :

This means you do owe the money and it can not be written off

Alex Watts :

I know this is unfair and I agree.

Alex Watts :

But HMRC can request that you pay it

Alex Watts :

HMRC view is that you are responsible for making sure you pay the right tax

Alex Watts :

There is case law on this which is against you.

Alex Watts :

If you have underpaid you are responsible for the correct amount even though HMRC used the wrong tax code.

Alex Watts :

However you would be entitled to ask for payments by installments and interest/penalty frozen

Alex Watts :

But sadly you are liable for the full sum.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank-you very much for your help.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

No... Thank-you very much indeed for your help today....

Alex Watts :

Have a good weekend.

Customer:

Thank-you very much....you too....

Alex Watts :

Thanks

Ash and other Law Specialists are ready to help you