Distraint? HMRC Don't Do That !!

by Peni.

My neighbour told my husband today that she saw the woman from the Inland Revenue call at my house yesterday (they had not contacted us previously to try to make an appointment with us). She was conspicuous because of her very smart car and very smart clothes - no-one in this neighbourhood can afford those! (I wonder if she will dress down and park around the corner if she comes back tomorrow.)

When she got no answer at the door she was seen to try to look through the windows and then to write down the car registration details for the cars parked outside (belonging to my son and husband). One of which is a "pensioner" and not MOT'd at the moment, and our "newest" car is about 11 years old, has done over 200,000 miles, and is the only vehicle that we can all fit in as a family, but neither are worth much. If she is planning on selling them to try to clear our alleged debt she's not going to chip much of the alleged overpayment (over £9000), it will just make our lives even harder! (We just heard today that the insurance company are writing off my car - the one that was not at home when she called.)

Is this kind of behaviour normal for HMRC?

I had to go to out today and I was really frightened going out, and coming back home again, in case she was there waiting for me. Every time the phone rings I start shaking again - I'm frightened to answer it but if I don't I may miss some work. I'm really frightened about what will happen tomorrow - she said that she was coming back tomorrow.

I have written again to HMRC and my MP again, and as always sent the letters recorded delivery (I don't trust them at all - they claimed that our first complaint was not received). In my latest letter I requested again a complete copy of all of the personal details which they hold about us - I wonder if the car details will be included! I have also asked for a copy of the recording of the telephone conversation of yesterday, although I doubt that will turn up as it does not show HMRC in a flattering light! I've also followed the guidance from the tcc website for the format of the complaint letter. It goes on a bit, but I really wanted to let them know how we feel and the effect that their maladministration, negligence and illegal activity has had on us.

I can be brave in a letter, especially as it is from both of us.

(Then, e-mailed later .... )
This evening I have just frightened myself even more by searching the internet to find out what was going on yesterday. From my investigations I think that the woman from the IR may have been from the IR Debt Management Office in Peterborough. On further investigation I found some of their internal meeting minutes (available online) and it appears that office is responsible for home and business visits to do "DISTRAINT".

I have learnt this evening that they have the right to enter my home and take my belongings, even though I was never overpaid tax credits and they won't send me the relevant information so that I can prove it!

Apparently according to their staff manual (also available on line) they don't even have to tell me that they are going to do this!!! They can turn up Mon-Fri 8am-8pm and take my belongings. I can't believe that this is really happening to me and my family - what have we ever done to deserve this, except claim what we are supposed to be entitled to. We are being victimised because of their mistakes!

I can see that I'm in for yet another sleepless night tonight - and probably every night until this is sorted out.

I'm really scared now.

(Then, e-mailed later still ..... )
I've just received a reassuring email from a contact at LITRG about the recent developments in my case, it may also be of use to others who are facing a similar situation. He says:

Under Human Rights legislation you have no obligation whatever to let any Revenue officer into your house. Moreover, yet again, they are acting in contravention of their own policy. We have just had a note sent around the tax credits consultative committee which contains the following passage:

'Enforcement methods:
The main methods of enforcement used are:
• summary proceedings in England, Wales, Scotland and Northern Ireland
• county court proceedings in England and Wales and
• ordinary cause in Scotland.
• Distraint (England and Wales, and Northern Ireland)

Although distraint is provided for in the regulations, we are currently not using this power with our tax credit customers. It is also important to remember that, even if we are taking a customer to court, we will not normally seek a judgement if they make a realistic offer for repayment ahead of any actual hearing.’

SO they should not be using distraint in your case at all, and certainly not while you are still communicating with them from your end.

www.TaxCC.org