Resolvecall

[winner12]

Hi
OH got a letter from the above this morning threatening a doorstep visit with regard to a HMRC debt for £2756 but it's in dispute with HMRC and is now with the adjudicators office who have agreed to take on his case .
The thing is he has another DCA LCS chasing for only £112 it's all being going on for about 18 months all avenues with HMRC exhausted so that's why it's with the adjudicator.
Should he write to Resolvecall and tell them what's happening
Thanks in advance for any help

[winner12]

Re: Resolvecall

Just bumping for some help please

[Kati]

Re: Resolvecall

[MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION] ??

[winner12]

Re: Resolvecall

So worried please help someone

[Amethyst]

Re: Resolvecall

Morning, HMRC aren't very good at communicating with their debt collection outsourcers.

Resolve call are not a baliff/enforcement agent and they have no powers, the letters just likely empty threats but they are known to visit people, but they are no more scary than say, Moorcroft, visiting you. You can write to them and tell them the debt is in dispute and being dealt with directly with HRMC and you could also tell them you do not give permission for them to visit you.

I've got a installment plan with HMRC at the moment for tax credits overpayment, think that was through LCS initially. Had no problems with it and they accepted a sensible amount based on my IE.


Is the £112 LCS have from a different debt with HMRC ?


Ahh here's an example letter

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a doorstep visit, please be advised that under FCA rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

Then go on to say you are dealing with the debt directly with HMRC and it is currently at adjudication.

There is this which is a bit more controversial , doesn't work with enforcement agents only debt collector reps, personally I think it is unecessary and the above is plenty to tell them you do not wish to be visited.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

FCA Rules

Debt collection visits

CONC 7.9.12R26/09/2014
Unless it is not practicable to do so, a firm must ensure that a person visiting a customer on its behalf:

1. (1) clearly explains to the customer the purpose and intended outcome of the proposed visit; and
   [Note: paragraph 3.12 of DCG]
   
2. (2) gives the customer adequate notice of the date and likely time (at a reasonable time of day) of the visit.
   [Note: paragraph 3.13g of DCG]

CONC 7.9.13G26/09/2014
Failure to explain the purpose and intended outcome of a proposed initial visit to the customer or to give adequate notice prior to a proposed initial visit to the customer may not contravene CONC 7.9.12 R, provided that the customer is happy to speak to the person pursuing recovery of the debt at that time. However, where, at the initial visit the customer indicates a preference to use the first visit to agree a more convenient time for a future visit, the person pursuing recovery of the debt should respect the customer's wishes. It is important that the customer is given reasonable time to prepare for a visit and should not be coerced or pressurised into immediate discussions or decisions.
[Note: paragraph 3.13g (box) of DCG]



CONC 7.9.14R01/04/2014
A firm must ensure that all persons visiting a customer's property on its behalf act at all times in accordance with the requirements of CONC 7 and do not:

1. (1) act in a threatening manner towards a customer;
   
2. (2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;
   
3. (3) visit at an inappropriate location unless the customer has expressly consented to the visit;
   
4. (4) enter a customer's property without the customer's consent or an appropriate court order;
   
5. (5) refuse to leave a customer's property when it becomes apparent that the customer is unduly distressed or might not have the mental capacity to make an informed repayment decision or to engage in the debt recovery process;
   
6. (6) refuse to leave a customer's property when reasonably asked to do so;
   
7. (7) visit or threaten to visit a customer without the customer's prior agreement when a debt is deadlocked or reasonably queried or disputed (see CONC 7.14 (Settlements, disputed and deadlocked debt)).
   [Note: paragraphs 3.12 and 3.13 of DCG]

CONC 7.9.15G01/04/2014
It would normally be inappropriate to visit a customer at the customer place of work or at a hospital where the customer is a patient.

[winner12]

Re: Resolvecall

Hi Amethyst
Thanks for the reply sent off a letter

The £112 should be the same debt but getting letters from LCS seperate for that amount

The other been chased by resolve call is the problem at the adjudicators the thing is we are certain it's been added into OH tax coding last year then this year but HMRC won't have it but all the correspondence is now with the adjudicator.

We have stuck with it all this way so only want an answer which at present It is stuck at the adjudicators,it's been going on for 18 months now and we know the adjudicator only takes on a case after HMRC final response and if a normal taxpayer could understand that one you need to be a specialist in tax which we are not just simple paye tax payers .

[winner12]

Re: Resolvecall

Just an update [MENTION=6]Amethyst[/MENTION] the letter didn't work resolve call just knocked at our door and thrust a envelope in my hand stating they had called what's our next move please help

[winner12]

Re: Resolvecall

Just bumping for some advice anyone

[winner12]

Re: Resolvecall

UPDATE
Hi all just an update sent Amethyst letter post 5 the extended version had no reply from Resolvecall complained to HMRC about them collecting on a disputed tax debt had a letter this morning saying they wouldn't stop collection activity and I should pay up and they are aware my complaint is with the adjudicator and won't comment further but why oh why should we have to pay and claim back later such a sham tax codes have been changed to K codes twice this year any idea what to do its so worrying

[Amethyst]

Re: Resolvecall

I guess you just keep batting them off. Have you spoken to the adjudicators to see if there's any update on the complaint?

[winner12]

Re: Resolvecall

Yes we have its going to take a long time they said think HMRC are terrible to deal with when you look at his tax code breakdown they have a £3888 for child benefit only claimed for 2 children plus £4546 not much of a explanation reviewed in 2018 plus company van and fuel £3589 giving him a K tax code plus they are saying none of this includes the amount they are chasing not sure why think something is terribly wrong but they won't listen grrrrrr

[Amethyst]

Re: Resolvecall

Is his income over £50k ? ( re Child Benefit )

2 children wouldn't be £3888 a year ( I wish !) think it's about £1788.

[winner12]

Re: Resolvecall

Yes his income is over 50k so the child benefit would be paid back but not the amount added to tax code
we did query if they had added the debt plus the following years child benefit which he did ask to be collected through his tax code together but they sent a long rambling reply that unless you were a tax expert would not have a clue what it meant and the reason for the other amount didn't make sense either that's why it's all with the adjudicator.
HMRC have admitted to not explaining things properly and offered £25 compensation for out of pocket expenses but not to paid until the adjudicator has made her decision oh my help

[Amethyst]

Re: Resolvecall

Ughhh and I thought them moving to real time would make life easier. I'm sorry I don't understand HMRC and Tax stuff to be able to help with it xxx