Hello my name is ***** ***** I will help you with this.
Were you a Limited company or sole trader please?
So why wont they sort it out with HMRC>
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
Sadly if its not been received you do owe a penalty. But Easy Pay should be sorting it with HMRC not you.
But I agree, Easy Pay are liable.
You need to get HMRC to confirm in writing it has not been received and that you are liable for the fee.
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.
If they do not refund you the £400 or resolve it then you can sue for breach of contract.
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.
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?
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
Ok - yes you can.
I think you have a case.
But just get HMRC to confirm in writing it was not filed and the penalty was due
Does that help?
thank you for your advise it was a big help