The problem with the legalities of it all is that the delay does seem to be with HMRC at the moment,and if your IVA firm is doing what it can(which probably isnt very much,knowing the tax man),then you really are sort of stuck.
Tenon should be getting a regular update from HMRC in regards to this,as should all IP's but they seem to be as in the dark as everyone else.
Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
I have been told that Tenon is still closing cases, but, due to conflicting advice receieved earlier in the situation, they have a huge backlog to deal with. They have assigned additional staff to the closures team to deal with this, but are prioritising urgent cases.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
ok... that's directly conflicting information that David there in closures told me... he said no-one's case would be closed until HMRC refund them...but they are waiting for confirmation from HMRC about that...
There is no problem with IPs closing cases. It is just as easy to claim the refund on an open case as a closed case, and HMRC have already started to effect refunds to some of the smaller IP firms - although I am still waiting for mine!
I can understand the confusion some firms find themselves in, and for smaller operators like myself it is probably a much easier job to do - although I have had one full-time member of staff working on calculating my refund since the beginning of November, so it is taking some time and the larger firms will have a larger problem.
None of us asked for this case to be brought, and I doubt that any of us will benefit from it financially in the long run - indeed we will probably lose out as now we cannot reclaim any of our input VAT which relates to IVA casework. All IPs that I regularly interact with - are doing their very best to deal with the matter in hand, and if they have felt unable to process cases until the situation became clearer then no-one should be knocking them for that.
Counsel's opinion now gives clarity, but at the end of the day the issues are still very live and a tad confusing, so do bear with your respective firms and let them get on with it in the timescale that they deem appropriate.
So just to clear it up Mel,you could happily close cases,issue certificates etc,remove people from the insolvency register,all while waiting to get the return from HMRC at which point this extra money will get distributed to creditors?
Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
Yes - that is the height of it Paul, according to the legal eagles - but until HMRC start paying up, no-one can be really sure how it will all pan out. I take the view that I will put my claims in, and distribute what is repaid back. Creditors have confirmed to me that they are happy for me to continue to close cases, so it is a bit of a no-brainer then - and I am not going to start a war with HMRC if they do not refund the monies claimed - we don't get paid for fighting wars any more!
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by plasticdaft
Glad hmrc rushed into this with their eyes wide open!!
Wonder how many iva vat cases they are sitting on??
Paul
To be fair, Paul, it was dropped on HMRC from the same height as it was dropped from upon the IP's. Added to this the latest "efficiencies" made to halve the workforce, delays are inevitable.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
There is a hold on them being closed at the moment while these problems are being sorted out.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
