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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The Tax man HMRC has taken me to the high court for bankruptcy,

Customer Question

The Tax man HMRC has taken me to the high court for bankruptcy, I managed to attend the hearing in London and obtained a adjournment for 8 weeks in order to resolve the matter. However the officer in HMRC who I have been speaking to recently has not been very helpful and seems to be wasting my time. Because these matters have never been formally addressed in any court I seem to have lost the right to have the amount the Taxman is seeking corrected, I say this because the Bankruptcy amount claimed by HMRC is made up of assessments going back over ten years to 2004.
The assessments they made and expect me to pay are in fact so high, i feel sick just thinking how could they do this, and push it through a high court in London on the basis that it would appear I cannot pay.
London is 260 miles from where I live, it took me 7 hours to drive to London starting at 3am in the morning for a less than 5 minute hearing for the 8 week adjournment £25 to park the car and then also pay the congestion charge and the bridge toll to get home thats 520 miles round trip and I was exhausted.
I really need to get this matter into a local court where a proper account can be made and the over assessments dismissed.
I understand that the formal demand which was served on me when this matter started was the key to defend the action but instead I rang the HMRC offices in Swansea who were very helpful at first, but then they wasted my time and instead I received the later formal bankruptcy hearing, which I attended as said.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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.
Alex Watts : Did you ever appeal the amounts claimed? It seems you have had 10 years to do so.
Customer :

Hello Alex,

Customer :

No appeal has ever been made, the amounts claimed have never been defended or argued, I had no idea that this was going to happen, when the man served the formal demand I questioned the fact that it was based on assessments which were incorrect, please note the correct returns for these years have been acknowledge received, but they have not adjusted the high amounts claimed in there assessments. and they have also added interest on the assessment figures to the present day.

Alex Watts :

Sadly I think because you have had 10 years to appeal and dispute the figure when you go back after the adjournment the Judge is not going to have any power not to grant the Order.

Alex Watts :

This is because if an appeal had been in progress or there was a genuine dispute that was going through say the Tax Tribunal a Court would be able to adjourn.

Alex Watts :

But just saying you disagree sadly is not enough

Alex Watts :

If HMRC are not playing ball you need to go to their offices and refuse to leave until it is sorted out.

Alex Watts :

If you go high enough in an organisation someone will always be there to help you.

Alex Watts :

Sadly if the claim is issued in the High Court you have to attend there unless you make an application to have it transferred to your local Court.

Alex Watts :

I am sorry if this is not the answer you want but based on the fact you have not challenged the sums or taken no legal advice, this is certainly not the answer 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 :

If HMRC are not playing ball you need to go to their offices and refuse to leave until it is sorted out.

Customer :

make an application to have it transferred to your local Court.

Alex Watts :

Yes?

Customer :

an appeal had been in progress or there was a genuine dispute that was going through say the Tax Tribunal

Alex Watts :

I do not understand what your questions about this is?

Customer :

So how do I appeal, and get this into a local court.

Alex Watts :

You need to make a formal application to have it transferred.

Alex Watts :

In terms of any appeal, it may now be too late because it has been so long

Alex Watts :

You write to HMRC and ask for a re-consideration of the tax due

Customer :

Is there any wording which would be acceptable. Remember the original formal demand which claimed the assessments, I understand I missed the opportunity deadline of is it 18 days. how do I get it back into court for a proper hearing now.

Alex Watts :

You need to make an application as I have said.

Alex Watts :

There is no form of wording as such - you just need to write and ask for a re-determination and say why you think it is wrong

Customer :

To whom am i making the application

Alex Watts :

The Court to transfer it

Alex Watts :

Therefore the Court in London

Customer :

Thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :

Your suggesting i write to the judge in london and include a application to have the matter transferred to a local court I wouldn't know how to do that or what to write

Alex Watts :

No, you make an application to the London Court.

Alex Watts :

You can not write to the Judge you need to make an application

Customer :

where can i get the wording and application

Alex Watts :

It is form 7.1a if you google search it

Alex Watts :

You just say you want to transferred and why

Alex Watts :

Please remember to leave feedback before you go today

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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