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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I am being pursued through the Money Claim Online process for

Customer Question

I am being pursued through the Money Claim Online process for tax paid by a company of which I was a director (a VCT). It is for PAYE on consultancy fees. There was a long process leading up to acceptance by the company of liability to HMRC.
While accepting liability (say 1/3 to 50%), I wish to pursue a counter-claim, or defence, that the company, its managers and advisers bear some responsibility for advising me of the change in HMRC's stance over the years. The company refuses to discuss this aspect.

If I submit a defence, will there be a mediation process through the Small Claims Court which would lead to a sensible resolution of the counter-claim?
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi there is no obligation on the claimant to use the mediation process but it is available and if they refuse they may not get costs if they win. If the claim is under £10000 it may in any event be decided on by written submission not by court hearing.

IF you do not submit a defence then they can get judgement so you need to do this.
Expert:  Nicola-mod replied 4 years ago.

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