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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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Im not paying a deposit until I know who im dealing with

Customer Question

Im not paying a deposit until I know who im dealing with
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 10 months ago.
Here is a copy of the letter I have written to HMRC, it explains everything.
Mr. L Johnson
HMRC
Debt Management and Banking Ltd
DMB 310
BX5 5ABCC
Mr. ***** *****, Accounting and Management Ltd (my accountant).
HMRC CT Service Lincoln, SO0838
HMRC CT Services SO0838, PO Box 2997, Glasgow25th January 2016.Ref your letter of 18th January 2016 (Final notice to pay & threat of Debt Collector)Ref my tax reference No 623C(###) ###-#### ***** Avionics Ltd.Dear Mr. JohnsonLet me start by clearly stating exactly my position, I do NOT owe HMRC any money, you have been paid, I have the evidence.I shall now proceed to document this saga below as it has been going on far too long and for well over a year now and despite numerous telephone conversations with your Debt Management Office and your Corporation Tax office nobody at HMRC that I have spoken to so far has taken any ownership and resolved this issue with the exception of Ms Alison Craig. I have to date also made two requests for a ‘Tax Inspector’ to call me and resolve this and to date I still have had no response. You cannot run a successful business in this way.Please indulge me for a minute or two whilst I explain the saga to date;
The first HMRC letter I received was on 19th January 2015 for accounting period 1 May 2013 to 31 March 2014, it was a reconciliation statement and demand that my corporation tax due was to the amount of £11,279.65.On 25th January 2015 I paid HMRC, by on line bank transfer £10,000 (Max limit per day)
On 26th January 2015 I paid HMRC, by on line bank transfer £1,279.65 (the balance due)
Total paid to HMRC £11279.65.
My HSBC bank statement is attached and shows both these payments being made and debited from my business account.On 10th February 2016 I received a letter from Debt Management & Banking (DB&M) reminding me that this payment was still due but ignore it if payment had been made. As a responsible tax payer I did not ignore it and in fact phoned HMRC DM&B on 19th February 2015 and spoke with a Ms Thailand (I think that’s how you pronounce it but not sure of the spelling) and I explained that I had made the two payments as described above and she then searched your accounts and found both payments, she did point out that I should put my tax reference number against the bank transfer next time as that would have made things easier to trace, this was my error and I explained the reference number I had used was (and as shown on my bank statement) ‘CORP TX 2014’, from which she found both the payments and credited them to my tax account. At this juncture I now believed the matter to be settled.On the 9th September 2015 I received another letter from Mr. L Johnson of DB&M advising me that my company owes corporation tax to the amount of £10,194.22.I phoned HMRC Corporation Tax office on 16th September 2015 and spoke to a Ms Alison Craig and I explained my payment details as stated above, namely I had paid the full amount on the 25th and 26th January 2015 in two payments. Alison said she would look into it and call me back, which she kindly did several hours later and said she had found the payments, and that £1,279.65 had cleared against my account on 26th January 2015 and the £10,000 cleared on the 27th February 2015. For some strange reason Alison advised me that the £10,000 I had paid in on 25th January had been taken out of my account and allocated to another company but she had found it and stated that everything was now ‘all sorted’, to which I thanked her for her kind indulgence and assistance in clearing this matter up, finally.On the 25th November 2015 I received yet another letter from Corporation Tax office with a reconciliation statement stating that I still owed £9002.70.
I phoned HMRC Corporation Tax office on 2nd December 2015 and spoke with Charlotte. Once again I explained the history as stated above and the missing £10,000, she stated that she couldn’t actually access my account details and I requested that I talk to a Tax Inspector. Whereupon she advised me that she had logged the request into the system and someone would call me within the next three to four days. I then asked Alison to transfer me to DB&M which she kindly did and I spoke with a Mr. O’Connor and explained the situation to him. He told me that DB&M only chase payments and they don’t have access to my account but said he would see what he could do.On 30th December 2015 I received another letter from Mr. L Johnson with a Final Notice demand to pay £9028.56.
I then rang HMRC DB&M on 8th January 2016 and spoke to a Mr. Powell of the Exeter office. Once again I explained everything to him as stated above and he said quote “he will pass it to the back office”!
I then rang the Corporation Tax office immediately after my call with Mr. Powell, this call was made at 12.15 on 8th January 2016 and I spoke with Jenny and explained the situation to her. I didn’t expect her to be able to resolve
Customer: replied 10 months ago.
rest of the letter;
this long outstanding issue and asked to speak to a Tax Inspector or Senior Manager and I explained this was now becoming urgent, she said she would transfer me and put me on hold. I then waited, after 42 minutes and 45 seconds the line went dead and I was disconnected. Nobody has had the courtesy to call me back since being disconnected.
On 23rd January 2016 I received your letter dated 18th January 2016 stating Final Notice to pay £9042.21 and threatening me with a Debt Collector.I have therefore written this letter to explain to you my position, I DO NOT owe you any money, and in fact you owe me a refund on my Corporation Tax and I shall expect interest! Since I started Millennium Avionics Ltd back in 2005 I have NEVER failed to pay my corporation tax, why would I start now?I have suffered enough intimidation, stress and deformation of character since this all started and it really is making me ill.
I will sue HMRC for damages if you continue to chase me for something I have already paid and if you cannot resolve this simple little matter within the next thirty days.
Expert:  Ash replied 10 months ago.
In short they are saying you have not paid it, when you have evidence you have? Have you asked your bank to trace it?
Alex
Customer: replied 10 months ago.
I sent them a copy of my bank statement showing the payment was made on 25th January 2015.
Expert:  Ash replied 10 months ago.
I understand. What is it you want to achieve, I assume them not contacting you?
Alex

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