Fast TraxR (again)

[SeaEmSee]

How did they know you were owed a tax rebate?

the HMRC told them!! I file my Self Assessments online via my own gov gateway login, have done for years, HMRC admitted to me that I wouldn't have seen this lot had been added in 2021 via my gov gateway, and they released to them in both December and September that I had been refunded for my Self Assessment submission and told them the amount. FTR didn't chase me in Feb for the december payment, which is what makes this all the more confusing. When FTR transposed the signature from this "check now" button in 2021 on to the R40 and 64-8 form and sent them to the HMRC, the HMRC added them to my account as "agents" - but didn't tell me and I couldn't see them, so had no idea they were there.

[SeaEmSee]

**UPDATE** Advice required please:

I have today received a "Letter of claim - Legal Proceedings will follow if you ignore this letter"

they are asking for payment and asking me to complete a form outlining whether I agree, disagree (and full reasons why) and what my financial status is. I need legal help here, the CAB are useless and there is NOBODY willing to assist! How can this happen?

[EXC]

It's just a hollow threat that they're unlikely to follow through with but you should respond to it.

Tick the box that says you dispute the entire amount. There should be a field that asks for any documents you need to see - obviously you want the alleged assignment plus you want all the invoices. You don't fill out the financial disclosure part, you only do that if you admit the debt.

You're in a strong position in that they know they would have difficulty in convincing a court that you gave your informed consent to the blanket assignment. Don't allow them to make you think otherwise.

[SeaEmSee]

It's just a hollow threat that they're unlikely to follow through with but you should respond to it.

Tick the box that says you dispute the entire amount. There should be a field that asks for any documents you need to see - obviously you want the alleged assignment plus you want all the invoices. You don't fill out the financial disclosure part, you only do that if you admit the debt.

You're in a strong position in that they know they would have difficulty in convincing a court that you gave your informed consent to the blanket assignment. Don't allow them to make you think otherwise.

thank you so much. I have done what you have said. I understand what you're saying, I guess I just find it difficult to believe that businesses behave in this manner, if they know they are on a sticky wicket, why put people through this stress and horror....they play on people's vulnerability I suppose, and just assume people think "they must have a point if they are taking it this far, therefore I will pay it rather than risk court action"! Just wrong and needs stricter governance.
thanks again, and if, in the event that I am the unlucky one that they take to court, do you know anyone who would be prepared to help me legally?

[EXC]

Like I said, they're one of the worst of the worst. Blame lousy or non-existent regulation.

I'm happy to help draft a defence & witness statement if it comes to it but it's very unlikely it'll get to that stage.

Did they send a mocked up claim form like the redacted example attached below? If not that'll probably be their next move. It's a classic tactic used by dodgy outfits who rely entirely on the threat of legal proceedings, without actually commencing them.

[SeaEmSee]

OMG! No, I haven't had the pleasure of this form yet! What the heck do I do when this lump of love drops through my door? I'm genuinely shocked (naivety I guess) at this, but working for a finance business that plays by the rules, I suppose I'm struggling to believe this actually happens. I need to get out more!!

thanks again, you are currently the only light at the end of a rather gloomy tunnel, for someone who has never ever experienced anything even remotely like this! Truly terrifying

[SeaEmSee]

Mrcorbett saw your post on another thread. This may help. I am in a similar position and sadly (or not as the FOS are truly horrific anyway) tax scams and fake claims for HMRC aren’t covered by any form of governance or governing body (yet. I am about to go full Erin Brockowich on this). Anyway. My last response went back at 3 days after I received it, was sent by tracked post as well. The „proof“ of their lack of claim was included and is blatantly obvious they haven’t a leg to stand on. I have blocked their numbers so I don’t receive their calls however this ridiculous technology iPhone allows them to leave messages!!! I’ve just discovered one from last weds 22nd „offering me the chance to pay before legal proceedings commence“. They are scum. Please don’t pay them. Sadly the legal ombudsman are as much use as a chocolate teapot as in their „final letter before legal proceedings“ they even quoted completely different ts and cs to the ones that FTR sent me! Incompetent bully’s basically.
check If there is a 64-8 that they filed and whether they also sent an R40.

[SeaEmSee]

I’ve now received via email attachment the claim form they have filed stating in the email that I will receive notification of the claim from the court within the next few weeks and not to ignore correspondence as will likely lead to CCJ & enforcement proceedings.

Seriously! I sent a 7 page document outlining exactly what, why and where there “claim” is utter nonsense and they have even put on the court paperwork that they “successfully represented me and got a claim from the HMRC” when I have patently and militantly proved they did not and that the “representation” they did file for 2017/18 was incorrect and ergo unsuccessful!!

I cannot believe this is happening and is allowed to happen. What do I do now?

[atticus]

You prepare to defend the case, should the Claim Form be issued and served. You have been given advance notice, so use the additional time well.

[SeaEmSee]

Sorry. Use the additional time well?? What more do I need to do in order defend something that is so ludicrous, over and above what I have already provided them in a 7 page response to their last “letter of intent”, and what HMRC have told them is utter nonsense as well??

[atticus]

Prepare the written defence that you will file with the court. That would be a good use of your time. Focus on the case and not on ranting about the unfairness of it all.

[SeaEmSee]

Wow. Thanks.

[EXC]

Wow. Thanks.

atticus is right.

Don't get angry, get smart.

What you received from FTR could well be a bluff but if it's not and you receive a claim from the court you'll need to acknowledge the claim immediately by following the instructions on the claim form which then gives you 28 days to file your defence. It sounds like you've already got the basis for it.

In any event I would send HMRC a Subject Access Request NOW. Here's a template that you can edit to suit Subject Access Request - LegalBeagles

Where it suggests you can ask for anything specific, I would ask them for any correspondence they had with Quickly Finance Ltd T/A Fast Track Reclaim INCLUDING any assignment and tax claims made by FTR on your behalf. You should get a response in time to inform any defence.

[SeaEmSee]

I have now received this morning, the court claim, Do I need to "acknowledge" the claim if I already have everything? I put in a SAR with HMRC in September, so already have that, and the SAR put in with FTR was received in December. I called the CCMCC this morning and they told me I have until 22nd to respond (14 days) - I only acknowledge if I want to extend that to 28 days right?