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Advice on Tomlin Order Needed

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  • Advice on Tomlin Order Needed

    I was an IT contractor, using a limited company wherein I was sole director and shareholder. I got behind with Corporation Tax and the company was wound up by HMRC. I had taken excessive dividends and made no provision for CT. The DCA is now demanding I pay pack every penny I took from the company by way of dividend payments (not just the "Directors Loan Account" representing the actual excess). I don't have that amount. They have presented me with a Court Hearing but offered a Tomlin order to avoid the hearing. However, part of the Tomlin order states that I agree to pay back the full amount of drawings from the company. I have but a week to get back to them. Does anyone know what my realistic options are please?

    Last edited by Celestine; 31st January 2012, 17:56:PM. Reason: removed CAG link
    Tags: None

  • #2
    Re: Advice on Tomlin Order Needed

    THe DCA probably knows they little prospect of recovering the money from you, so its trying to maintain a dialogue with you by getting you to accept a settlement without going to court.

    Decide what you can afford, and whether its legitimately owed by you, and offer them that amount by tomlin order and structure affordable payments over a time period that suits you.

    What is CT? - council tax??

    Is this DCA a private company? who is the creditor? and does the DCA own the debt?

    If the debt is bought, then that alone doesnt form a contract with you and the DCA, and thus, you have no obligation to pay them anything - unless the DCA takes you to court and gets an order.

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