HMRC bill paid in full but still being harassed by DCA

[juneberry]

Hello eyeryone, Im new here so I hope Im in the correct place to post.

 

I had a small debt with HMRC.

I was late in filing my tax return,

I had moved house and during that time letters went astray.

 

 

The first I heard of the late fees debt I paid it in full direct to HMRC.

 

However, I am now getting harassing telephone calls, text messages and threating letters from a debt collection agency working on behalf of HMRC

asking me to pay the very same debt I have just cleared.

 

I have asked them to stop contacting me and told them that the bill has been settled but they still persist.

 

 

They have threatened to call at my home and seize my posessions and take court action against me where all sorts of fees would be added.

 

Is there anything I can do?

HMRC account says my bill has been paid.

 

Thanks for any assistance.

juneberry

[BazzaS]

Advise them that if they decide to visit your home you'll just ask them to leave.

They can't force entry or seize goods without a court order,

and if they went to court you'd just show that you have paid the debt.

 

Thank them for their interest but remind them it is paid.

 

Let them huff and puff.

 

 

Repeat "it has been paid, you have no powers, if you feel otherwise feel free to take it to court.

 

In court : you'll be laughed at." (Edit: this is your comment to them - you [the OP] won't be laughed at!)

 

"Feel free to threaten all you like but there is nothing you can do without court

: and since I've already paid that is never going to happen!"

[maroondevo52]

Hello and Welcome juneberry,

 

Try to get the HMRC to change their instructions to the debt cillectors, the exterior agencies are pretty mercenary, they simply work to the schedule of debts provided by HMRC, which may or may not be accurate.

 

HMRC are so slow at correcting errors.

 

After informing them of their error, also inform them that any further attempts to collect debts that are non-existent/disputed/not due will be subject to a formal police complaint under section 40 of the Administration of Justice Act 1970.

 

The following are useful points to remember when dealing with 3rd party debt collection agencies claiming on behalf of HMRC:

 

Section 40 of The Administration of Justice Act 1970 makes it a Criminal Offence for a debt collection agency to make demands for money, which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a debt collection agency will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or they pretend to be someone they are not e.g. HMRC staff, court officials or bailiffs. It is also an offence to send a person a document which looks like it has been sent from a court.

 

The Protection from Harassment Act 1997

 

If you feel you are subject to harassment from a debt collection agency then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person". If you categorically state to the caller that you consider their actions to be harassment then they have been put on notice.

 

If you think a debt collection agency has broken the law you should first raise it with the debt collection agency concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the debt collection agency that you believe they are in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the debt collection agency how you would prefer yourself to be contacted. If the situation does not improve you can make a more formal complaint against a creditor.

 

If the debt collection agency continues to harass you, contact the following for further advice:

 

Trading Standards

Citizens Advice Bureau

[BazzaS]

Hello and Welcome juneberry,

 

Try to get the HMRC to change their instructions to the debt cillectors, the exterior agencies are pretty mercenary, they simply work to the schedule of debts provided by HMRC, which may or may not be accurate.

 

HMRC are so slow at correcting errors.

 

After informing them of their error, also inform them that any further attempts to collect debts that are non-existent/disputed/not due will be subject to a formal police complaint under section 40 of the Administration of Justice Act 1970.

 

The following are useful points to remember when dealing with 3rd party debt collection agencies claiming on behalf of HMRC:

 

Section 40 of The Administration of Justice Act 1970 makes it a Criminal Offence for a debt collection agency to make demands for money, which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a debt collection agency will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or they pretend to be someone they are not e.g. HMRC staff, court officials or bailiffs. It is also an offence to send a person a document which looks like it has been sent from a court.

 

The Protection from Harassment Act 1997

 

If you feel you are subject to harassment from a debt collection agency then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person". If you categorically state to the caller that you consider their actions to be harassment then they have been put on notice.

 

If you think a debt collection agency has broken the law you should first raise it with the debt collection agency concerned. To start this process you will need to gather evidence. The first step is to record the times and contents of visits and calls, and to save any threatening letters. You should then write a letter of complaint informing the debt collection agency that you believe they are in breach of section 40 of the Administration of Justice Act. Ask them to stop what they are doing. You must however, tell the debt collection agency how you would prefer yourself to be contacted. If the situation does not improve you can make a more formal complaint against a creditor.

 

If the debt collection agency continues to harass you, contact the following for further advice:

 

Trading Standards

Citizens Advice Bureau

Office of Fair Trading

 

OFT ceased to exist in 2014.

 

https://www.gov.uk/government/organisations/office-of-fair-trading

[maroondevo52]

OFT ceased to exist in 2014.

 

https://www.gov.uk/government/organisations/office-of-fair-trading

 

[Mr.P]

If the debt collection agency continues to harass you, contact the following for further advice:

 

As this particular bunch are acting on the instructions of HMRC, it may be worth making a complaint via your MP.

 

It would also be advisable to do a printout of the account showing the date the payment was made. File this away somewhere safe just in case these fools start court action.

[juneberry]

Thank you all for your help. I will try to get HMRC to correct the account with the collection agency and I will remind the agency of the laws they must abide by. Thank you again.

[dx100uk]

They have threatened to call at my home and seize my posessions and take court action against me where all sorts of fees would be added.

 

or are you reading this wrongly?

 

 

it would be very informative if you coul post up EXACTLY what they have sent with ref to this..

 

 

they [a DCA] cannot and should not be intimating this.

 

 

dx

[juneberry]

They have threatened to call at my home and seize my posessions and take court action against me where all sorts of fees would be added.

 

or are you reading this wrongly?

 

 

it would be very informative if you coul post up EXACTLY what they have sent with ref to this..

 

 

they [a DCA] cannot and should not be intimating this.

 

 

dx

This particular threat was made during one of their many telephone calls, so I do not have written proof. Someone from the agency told me on the phone that they had the powers to do this if I did not pay them immediately. Even when I told them I had already paid the bill they simply repeated that they could take me to court, call at my home and take my possessions for sale to cover the amount owing.

They just won't listen that the account has been settled.

[dx100uk]

aha the old telephone gags

 

nothing you can do sadly

 

you should never ever discuss your debts

or talk on the phone to a DCA

 

writing only put the phone down..simples.

 

you'll know for next time.

 

you are under no legal remit to discuss or pay for supposed debts

on the phone or at your door

 

a DCA is NOT A BAILIFF.

 

sadly you fell for the oldest trick in the book.

 

dx

[BazzaS]

This particular threat was made during one of their many telephone calls, so I do not have written proof. Someone from the agency told me on the phone that they had the powers to do this if I did not pay them immediately. Even when I told them I had already paid the bill they simply repeated that they could take me to court, call at my home and take my possessions for sale to cover the amount owing.

They just won't listen that the account has been settled.

 

I'm surprised they didn't also say they'd have you trans-shipped to the Antipodes and/or your first-born seized and sold into servitude.

 

I've heard "there are lies, damned lies, and statistics"

Add to the end : "and then there is the piffle DCA's will spout!"

[BazzaS]

aha the old telephone gags

 

nothing you can do sadly

 

you should never ever discuss your debts

or talk on the phone to a DCA

 

writing only put the phone down..simples.

 

you'll know for next time.

 

you are under no legal remit to discuss or pay for supposed debts

on the phone or at your door

 

a DCA is NOT A BAILIFF.

 

sadly you fell for the oldest trick in the book.

 

dx

 

I'm not sure the OP fell for anything : they haven't paid the DCA a penny (nor should they).

However, the info on this thread should reassure the OP.

[juneberry]

I have never discussed the debt with them other than to state it has been paid in full and to ask them to stop contacting me. From today I will simply hang up on them and ignore their text message demands. Many thanks to everyone for your help.

[reallymadwoman]

I have never discussed the debt with them other than to state it has been paid in full and to ask them to stop contacting me. From today I will simply hang up on them and ignore their text message demands. Many thanks to everyone for your help.

 

Or answer and record them and let them dig a nice hole for themselves if they repeat any of that nonsense.