Advantis Credit Ltd chasing HMRC late return fees...

[Norfolk Enchants]

If you need help dealing with ADVANTIS please make a thread on the forum -> MAKE NEW THREAD

Hi all..

Long time guest but now I would like to call upon you for some help!

I've received a letter from Advantis Credit Ltd stating they are a DCA and have been "appointed to collect an outstanding debt that you owe to HMRC". I am sure this is for fees/penalties from a late self assessment return for year 2012-2013 and totals £1700.00. Letter dated 10/08/15 and received 14/08/15.

I haven't called or done anything about this yet as I wanted to find out my best course of action. While I'm laying my cards on the table I shall admit I still haven't completed the return (I could real off a few excuses but in truth there isn't one that stands). This at least has kick-started me on to complete the return!

The return when completed will be a nil return anyway and I don't see why I should be forced to pay £1700 telling them too late that I have no tax liability!

Any and all help greatly appreciated.

Nor.

[Kafka]

Re: Advantis Credit Ltd chasing HMRC late return fees...


Hello and welcome

Over recent years I've had several debt collectors chasing me for outstanding tax or late fees but I've always ignored them and they've eventually given up. The most recent one just said that if I din't make an agreement they would return it to HMRC.

Owing to personal circumstances I can't work a lot these days due to other commitments, so in fact my returns usually bring a refund, aided by having a very good accountant who gets a lot of costs offset. This means that over several years the amount outstanding reduces every time I file accounts.

If yours is a nil return, might it actually qualify for a rebate that would offset some of the balance?

[FlamingParrot]

Re: Advantis Credit Ltd chasing HMRC late return fees...

I have also had dealings with Advantis acting for HMRC, although in this case they were chasing an alleged tax credits overpayment. They gave up in the end and it was passed on to another DCA who also gave up and returned the account to HMRC who recently wrote to me saying if I don't pay up they'll pass it up to a DCA for collection...

[Norfolk Enchants]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Thanks for both replies. I was hoping for more 'legislative' power as gambling on them giving up hasn't paid off too well for me lately (see another thread to be started soon!).

Does anyone have any idea what makes them believe they can charge said fees in the first place? Is there legislation empowering them to as I certainly haven't consented to such fees by prior agreement!?

Also regarding the rebate, I had that as years 1 & 2 ran at a loss. Offsetting any rebate is acknowledging the fees and would leave a bitter taste! That does raise an important question: can they offset any future rebate against the fees?

Thanks,

Nor

[wales01man]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Any fees must be legal worth contacting them direct to get this DCA off the case

[FlamingParrot]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Thanks for both replies. I was hoping for more 'legislative' power as gambling on them giving up hasn't paid off too well for me lately (see another thread to be started soon!).

Sadly if we move into that arena you probably won't like what you read.

From 2011 onwards, HMRC can charge penalties even when no tax is due, one more thing that changed shortly after CaMoron became our leader. :mad2: :mad2: :mad2:
https://online.hmrc.gov.uk/informati...altiesHelp#For

Late Filing Penalty
For tax return years 2010/11 onwards, if the return is not filed by the due date a late filing penalty of £100 is charged. The penalty charge is a fixed amount and will not be reduced (capped) because the tax liability is less than the penalty, or there is no tax liability or a refund is due.

Does anyone have any idea what makes them believe they can charge said fees in the first place? Is there legislation empowering them to as I certainly haven't consented to such fees by prior agreement!?

See above, it's the government, you don't have to consent to anything. :rant: :rant: :rant:

Also regarding the rebate, I had that as years 1 & 2 ran at a loss. Offsetting any rebate is acknowledging the fees and would leave a bitter taste! That does raise an important question: can they offset any future rebate against the fees?

You may want to look here to see if there's anything that could apply to you: http://taxaid.org.uk/guides/taxpayer...es-and-appeals

[Norfolk Enchants]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Look like I'll need to speak to Advantis, and start negotiating with HMRC.

I had a feeling it may have not gone my way.

[MIKE770]

Re: Advantis Credit Ltd chasing HMRC late return fees...

I have also had dealings with Advantis acting for HMRC, although in this case they were chasing an alleged tax credits overpayment. They gave up in the end and it was passed on to another DCA who also gave up and returned the account to HMRC who recently wrote to me saying if I don't pay up they'll pass it up to a DCA for collection...

Daughter Ditto ages ago! not heard any more!

[Norfolk Enchants]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Daughter Ditto ages ago! not heard any more!

Now I don't know what to do! As far as I'm aware it's the first DCA that's been on the case and I doubt I'll get a small claim soon. Although this isn't recovering an overpayment, it's about fines that are written in statute (as FP rightfully pointed out).

[FlamingParrot]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Now I don't know what to do! As far as I'm aware it's the first DCA that's been on the case and I doubt I'll get a small claim soon. Although this isn't recovering an overpayment, it's about fines that are written in statute (as FP rightfully pointed out).

HMRC won't issue a court claim because they don't need a CCJ to enforce debts against them, in theory they can do everything a judgment creditor can do, bypassing the court/judgment stage, however, a DCA CANNOT take any enforcement action. :grin:

[Alacoque]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Hi, hope this isn't a dormant thread! Every few years, I would get a demand from HMRC for around £3,000 self assessment tax due. Sadly, not enough time has elapsed to make it statute barred. Now Advantis is hounding me and expect me to pay up without any evidence re the actual debt. They've said I need to refer back to the HMRC to confirm the debt (as if!). Does Advantis need to supply me with proof of assignment of the debt? They refuse to address my request for one. Instead, Advantis just keep referring me back to HMRC to confirm the debt. It's surreal. Also, I've filed nil tax on my last few returns.....could this reduce the debt? Many thanks in advance!

[Alacoque]

Re: Advantis Credit Ltd chasing HMRC late return fees...

would love some help on this.....do i need to prove the debt or is Advantis obliged to produce a letter of assignment?

MANY thanks

[wales01man]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Unlikely a tax debt is statute barred you must contact HMRC and sort this their powers are greater than most

[Alacoque]

Re: Advantis Credit Ltd chasing HMRC late return fees...

Unlikely a tax debt is statute barred you must contact HMRC and sort this their powers are greater than most

thanks so much for your response!

Sorry if my posts have been confusing. Like you, doubt tax debt can be statute barred. What I am wondering is if Advantis need a letter from HMRC assigning them the debt? Just seems odd to get a demand for a lot of money out of the blue from a company I've never heard of and they claim they don't need to prove the debt with a letter of assignment? Why is the onus on me to prove a debt, if you see what I mean?

[wales01man]

Re: Advantis Credit Ltd chasing HMRC late return fees...

I would only deal with HMRC get them to give proof about the debt