HMRC - a law unto themselves?

[Evilmoo]

Hi all

We owed some national insurance contributions from running our business which were taken into the IVA when it started in 2012.

HMRC sent us a letter each...thanks for the info, we confirm you are now in an IVA blah blah blah

In April this year they changed my husbands tax code to reclaim the NI at £30 a month to which he rang and reminded them of the IVA and they said they would look into it

Now they have said they have no record of it and will reclaim the money as they see fit. I spoke to DFD and they said any government bodies are not legally bound by IVAs and can choose to ignore them

What the hell?!! What's the b***** point of including them if they can just ignore it and take the money anyway

I was gobsmacked...seems they can just do as they please

[lifenoteasy]

From what I can see DFD have given you the wrong advice especially of you can prove that the debt was included as part of the IVA and that HMRC agreed to it.

Sounds like someone did not want to do their job.

[lifenoteasy]

See http://www.iva.org/unpaid-inland-revenue-tax-bill but one of the IP's who contribute to the board may be able to explain further.

[lifenoteasy]

See also http://www.hmrc.gov.uk/manuals/tcmanual/tcm0228200.htm

[Evilmoo]

Thank you, I will have a look at the articles

According to DFD they are not bound by the terms as other companies are - I have no idea if this is true or not

Also they haven't actually submitted a claim into the IVA yet and we are about to put forward an f&f offer so not sure what will happen to them!

[Michael Peoples]

If this debt related to pre IVA it is bound by the terms and HMRC cannot reclaim this money. If you are getting nowhere with your IP firm ask to speak to someone more senior and you could even contact the Voluntary Arrangements Service [VAS] in Worthing yourself who are actually very helpful. There should be contact details from VAS on any correspondence you will have received.

[Adam Davies]

Hi

You have received the wrong info and the debt is bound by your IVA and should not be reclaimed

Regards

[Evilmoo]

Thanks Michael & Andy

The HMRC debts were taken into the IVA and hubby and I both received letters 2 months after it was agreed confirming the IVA.

I have to say I am more than peed off with DFD over the last few months. Constantly giving us the wrong info, dragging their feet with our f&f and generally being rubbish

I wish I had done more homework before we went with them!

I will try contacting them again...another hour of my life wasted on hold sigh

[Michael Peoples]

If you can find any of the paperwork from HMRC give them a ring. There will be a reference number there to quote and they may be able to sort it out.

[Evilmoo]

We have called them several times but they just pass you around and we don't get anywhere. I called the VAS and they are trying to locate the person dealing with it. Thanks again

[Michael Peoples]

Hopefully you get somewhere with VAS and let us know.

[kallis3]

Fingers crossed!

[Lisa Thomas]

Hi There. HMRC will be bound by IVA just like your other creditors unless the debt relates to a post IVA liability. You can contact VAS here: 03000 520236

[Evilmoo]

Spoke to DFD again today and said how ridiculous it was that HMRC were helping themselves to our money when they were indeeed bound by the IVA. A very sheepish employee decided that they would need to contact them as we are not supposed to be paying debts outside of the IVA....wonder if they will have more joy than we have....