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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a penalty notice from HMRC & Custom for £400. for

Resolved Question:

I have had a penalty notice from HMRC & Custom for £400. for not having my end of year PAYE the company who were doing my PAYE Easy Pay Ltd, said they did send it too them. But when I rang HMRC they said they have no record of this, the only payment they had for easy pay ltd was on the 22nd april 13 but it was not the year end. Easy Pay are saying they sent it to HMRC. But if they did they would of had a record from HMRC saying they had received there year end.
Have I got any rights on this matter, can I claim this £400 from Easy Pay Ltd. I know it should be my responsibility but I was not informed it had not been received.
I also closed my business down year ending 2013.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Were you a Limited company or sole trader please?

Customer:

Sole trader

Alex Watts :

So why wont they sort it out with HMRC>

Customer:

They havent spoken to hmrc they are just talking to me by email insisting they sent the end of year off to them. I told them that hmrc did not receive the end of year report

Alex Watts :

Sadly if its not been received you do owe a penalty. But Easy Pay should be sorting it with HMRC not you.

Alex Watts :

But I agree, Easy Pay are liable.

Alex Watts :

You need to get HMRC to confirm in writing it has not been received and that you are liable for the fee.

Alex Watts :

You then write to Easy Pay and forward the letter. Ask them to resolve it within 14 days otherwise say you will go to Court and sue them for the £400.

Alex Watts :

If they do not refund you the £400 or resolve it then you can sue for breach of contract.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 for failing to act with all reasonable skill and care.

Alex Watts :

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:

I have paid the fine. But wanted to know if i can claim it back from easy pay msynevtale them to small court claim. Do you think i will have a case

Alex Watts :

Ok - yes you can.

Alex Watts :

I think you have a case.

Alex Watts :

But just get HMRC to confirm in writing it was not filed and the penalty was due

Alex Watts :

Does that help?

Customer:

thank you for your advise it was a big help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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