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CSA and HMRC

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  • CSA and HMRC

    Hi, I am in a bit of a mess. I owe about £7500 to the tax man (estimated because my accounts are behind due to bad advice from accountant) and now the CSA want £17,000.

    I have had two magistrates libility orders granted against me without even knowing about them until after the event (I was away two weeks)

    The CSA say I owe £17,500 which is an estimated charge. They just seem to make it up as they go along.

    I need to know what powers the bailiffs from the Magistrates court have. What are they allowed to take and can they just break in. Could I go to prison?

    Can they attend my work (I am a self employed Computer Repair person and have an office full of work stuff)

    Can they take my work stuff?

    From my home can they take my furniture?
    I have two pc's at home that I use for working out of hours. Can they take that.

    Any advice gratefully received.

    Oh by the way I got home tonight to find out my gas had been cut off for non payment. Never mind it will soon be Christmas

  • #2
    Re: CSA and HMRC

    This may sound like a silly question but have you actually been making any child support payments if so how often and if not since when and how many kids?..........CSA can take 15% of your gross income for 1 child and a further 5% for subsequent children as for the other questions sorry I cant help with that but I can with the other(CSA) my friend works for them so can get proper advice for you if you answer my questions asap.
    Thanks oh and welcome to Legal beagles am sure someone will help with rest of your query.

    Comment


    • #3
      Re: CSA and HMRC

      First of all - either the CSA or the IR can have you put in jail. Don't mess with them.

      HOWEVER

      You should have been summonsed to appear before Magistrates in order to defend the case against you. Service of documentation such as this should be I believe in person??

      If you're self-employed, then your CSA liability will be worked out based upon your profit and loss accounts - as will your tax liability. I should get yourself a reputable accountant URGENTLY and have your accounts properly prepared. I would also contact the Court which prepared the Liability Orders and ask about the process you need to go through to defend yourself, and also the process which should have been followed to obtain the Liability Orders.

      Tom
      I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
      Over £1200 claimed in several actions against several organisations.

      Comment


      • #4
        Re: CSA and HMRC

        As Tom says , you need to get your accounts properly done and submitted to the tax man and csa so they can work out your true liability.

        I had a £4.5k estimated tax bill and once i got the accounts in my liability was actually about £1.8k.

        Stay in contact with both Tax and CSA and keep on top of it, as as Tom says they can imprison you for nonpayment.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: CSA and HMRC

          I agree Ame, a prioity is to get you accounts done and properly submitted to IR, it may be that you do not owe all that tax. Find an Accountant that will take you in hand and get this done VERY quickly. You will need to gather all your sales invoices and purchase invoices and all your receipts, bank statements, credit card statement if you spend for your company etc. Also, if you run a vehicle off the company you will need details of this as well.

          Try and get these in apple pie order so that the accountant can finalise the accounts for you.

          Also, notify the Revenue that you have instructed an accountant (give them his name and address etc) and ask for a period of say 4 weeks to get this finalised. I find keeping in touch with them will normally keep them at bay for a while. If you do not comunicate with them they will go all the way. Another thing is possibly if you can make a small token payment just so that they see that you are making an effort.

          Comment


          • #6
            Re: CSA and HMRC

            Originally posted by theGobbyOne View Post
            This may sound like a silly question but have you actually been making any child support payments if so how often and if not since when and how many kids?..........CSA can take 15% of your gross income for 1 child and a further 5% for subsequent children as for the other questions sorry I cant help with that but I can with the other(CSA) my friend works for them so can get proper advice for you if you answer my questions asap.
            Thanks oh and welcome to Legal beagles am sure someone will help with rest of your query.
            Its complicated.
            In 2001 I worked for a company that went bust and at that time CSA put an order on my pay, but the company went bust before it took effect.

            My ex-wife is an alcholic and since my 1997 never bought my kids any clothes. I did. I had a meeting with CSA sometime in about 2004 and they asked me to make a monthly payment, which I did. It was low. At the same time, and for the 2nd time I signed a document for them to write to my accountant, as at this time I was self employed, and get my accounts. They never did.

            They now deny it, but as I had a face to face meeting and I remember the womans name, Miss G. Oakley I find it odd that they deny it.

            Pretty much after that I used to get letters from them. One mintue they say I owe £2,000 then the next month they say I owe £0.

            Last August they got in touch and demanded £17,000. I asked for them to break it down, which they refused, so I wrote to them and asked. They send me a letter which didnt make sense. Debit here credit there. I wrote again. No response.

            I have been away for 19 days come back to find a letter from them with a court date, last week.

            They still have not written to my accountants (although they have now changed)

            They have assessed me at £700 a month which I know is wrong.

            I have always provided for my kids. Although my ex housed them and fed them to some extent, I paid for many things. Providing for kids is a two way thing so if she houses them and feeds them (they eat out most time at takeaways) and I clothed them and paid her a monthly figure is that not fair?

            Comment


            • #7
              Re: CSA and HMRC

              It's not about "Fair". With the CSA it's about <your income> minus <your necessary outgoings> divided by <factors> equals <your liability>.

              I would as a matter of urgency find out how to challenge the liability orders. I would then work out your tax liability (which is higher priority than your Child Support liability). Once your tax liability is sorted then you can factor that into the figures you send the CSA.

              You buying your kids clothing can be assessed as a "Payment" to the resident carer. Quantify it (and any other payments to her) in pounds per month since you were first registered as the non-resident carer. This should be taken off your liability.

              Tom
              I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
              Over £1200 claimed in several actions against several organisations.

              Comment


              • #8
                Re: CSA and HMRC

                And it is also worth getting your ex (if possible) to give a signed statment saying she has received xxx amount from you, this could probably be taken from your liability. Obviously if relations between you are good this will be easier.

                With regard to what can be taken from you re tax, not sure what the rules are now, but when i was a VAT person we had more powers than the police. If we sent the bailiffs in all we had to leave you was "the tools of your trade and the clothes you stand up in"

                Get the tax sorted out as a priority, keep in communication with them and as Tutts suggested, give them written details that you have instructed a new accountant and ask for a "stay" period whille you get the accounts sorted out. Simple income and expenditure you may be able to work out yourself without the need for an accountant, but if you are not confident, then instruct a new accountant - quickly.
                Is no longer here

                Comment


                • #9
                  Re: CSA and HMRC

                  I can only echo the other posts but shall speak to my friend in CSA today and post up later.

                  Comment


                  • #10
                    Re: CSA and HMRC

                    I feel it's necessary to re-ask something I said maybe in passing earlier; Is it not Criminal Procedure Rules that Court papers for matters such as this must be served in person?

                    I think that this might be an important point in getting the Liability Orders challenged - if the papers were incorrectly served they will be set aside - simple as that.

                    Tom
                    I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
                    Over £1200 claimed in several actions against several organisations.

                    Comment


                    • #11
                      Re: CSA and HMRC

                      Not sure about that, tbh. I have had summons to appear before Magistrates Courts before (for council tax liability) and when I did not attend the liability orders were passed. The summons and subsequent liability orders were always sent through the post, the papers were definitely not served in person. Isn't it subpoenas which have to be served in person? And warrants?
                      Is no longer here

                      Comment


                      • #12
                        Re: CSA and HMRC

                        Originally posted by WendyB View Post
                        Not sure about that, tbh. I have had summons to appear before Magistrates Courts before (for council tax liability) and when I did not attend the liability orders were passed. The summons and subsequent liability orders were always sent through the post, the papers were definitely not served in person. Isn't it subpoenas which have to be served in person? And warrants?
                        Council tax is treated quite differently from other fines and orders issued by a Magistrates Court.

                        Comment

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