hmrc 'harassment'

[SyncMaster]

Hi

I had a company for 10 years which was driven into bankruptcy last year.
It's folded, done and dusted letters in writing that it had been struck off but I keep getting bugged by the HMRC, their collectors and red letters.

This morning I got a call from HMRC asking me when it was dissolved (I thought they might know) and I told them. Then he started asking something so I interrupted him and said there is no discussion the company doesn't exist so I was told they would "appease a claim against me. goodbye"

I'm getting quite warn down by them and what appears to be their disorganisation. I really need them to stop as it is affecting my well-being.

I know this might sound like a crazy question but can I file a complaint to the police or someone. This is harassment and it is distressful and unnecessary.

Thanks
s

 

[OldWelshGuy]

it might be classed as harrassment under the telephony act.

 

[DeanCo]

Send them a letter such as follows, preferably recorded delivery:

[FONT=&quot]Dear Sir/Madam[/FONT]

[FONT=&quot]Re: Harassment by telephone[/FONT][FONT=&quot]

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further communication from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.


In case you are not aware of the laws in question you may wish to study the following:

1 ) Communications Act 2003, Section 127

2 ) Human Rights Act 1990, Article 8 - Right to respect for private and family life

3 ) Administration of Justice Act 1970, Section 40 onwards

4 ) Wireless Telegraphy Act 1949, misuse


With this in mind I feel it fair to advise you of the following:

a ) I shall be keeping a diary of telephone calls from this point onwards.

b ) Telephone calls to my private and mobile numbers will be recorded, and recordings will be used in any action taken.

c ) Telephone calls to my place of work will be ignored, but recorded in the diary.

To reiterate, I am officially informing you that I will only deal with * * * * * in writing and wish all telephone calls to stop immediately. All future correspondence from * * * * * (for any reason whatsoever) must be made in writing.

I trust that I have made myself understood on this matter

[/FONT]

 

[SyncMaster]

Wow!
You guys are great!
Thank you so much!

Send them a letter such as follows, preferably recorded delivery:

[FONT=&quot]Dear Sir/Madam[/FONT]

[FONT=&quot]Re: Harassment by telephone[/FONT][FONT=&quot]

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further communication from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.


In case you are not aware of the laws in question you may wish to study the following:

1 ) Communications Act 2003, Section 127

2 ) Human Rights Act 1990, Article 8 - Right to respect for private and family life

3 ) Administration of Justice Act 1970, Section 40 onwards

4 ) Wireless Telegraphy Act 1949, misuse


With this in mind I feel it fair to advise you of the following:

a ) I shall be keeping a diary of telephone calls from this point onwards.

b ) Telephone calls to my private and mobile numbers will be recorded, and recordings will be used in any action taken.

c ) Telephone calls to my place of work will be ignored, but recorded in the diary.

To reiterate, I am officially informing you that I will only deal with * * * * * in writing and wish all telephone calls to stop immediately. All future correspondence from * * * * * (for any reason whatsoever) must be made in writing.

I trust that I have made myself understood on this matter

[/FONT]

 

[MrMichael]

It sounds like from HMRC's perspective, the matter is not done and dusted. If in fact the matter is finalised, why not provide HMRC with documentation showing the dissolution of the company and ask them to clearly explain the grounds on which they are continuing to contact you.

Writing a letter suggesting breach of various laws isn't likely to help in the amicable resolution of the matter in my opinion.

 

[Charlie B ACS]

It sounds like from HMRC's perspective, the matter is not done and dusted. If in fact the matter is finalised, why not provide HMRC with documentation showing the dissolution of the company and ask them to clearly explain the grounds on which they are continuing to contact you.

Writing a letter suggesting breach of various laws isn't likely to help in the amicable resolution of the matter in my opinion.

No, but it will make them clarify in writing what they believe is payable, rather than phonecalls from a call centre dealt with by a different person every time usually without a proper grasp of the salient facts.

 

[MrMichael]

Oh yes, as I alluded to, a letter setting out the background and facts from the OP's perspective together with a request more information as to why HMRC are contacting the OP should be sent. I just don't think flinging around accusations as to breach of the law is going to assist initially and may aggravate matters. Although it is fair to request that the matter is dealt with in correspondence rather than through phonecalls.

 

[Charlie B ACS]

Appreciate your point, but having assisted a couple of people recently through bankruptcy, and still getting 10+ calls a day, despite informing all creditors, harassment of this sort can be very upsetting.

 

[MrMichael]

You've obviously got more experience of such matters than I. I think in the case of third party non-Governmental creditors, I would be inclined to use more robust language, however with HMRC perhaps less so. However that is predicated on the assumption that they would play reasonably nicely in their approach (which of course may be utterly flawed!) and I imagine every employee has their own targets to deal with even in the government body!

 

[Charlie B ACS]

On this occasion I was a poacher turned gamekeeper. Having spent 7 years chasing money!

Even threatening court action under the acts mentioned above did nothing to stop the calls from one paticular creditor (can you use a Caps lock with a figure one?)

A letter similar to the above has been sent, hopefully the calls will stop, but if not, some fun conversations are ahead!

 

[An Oasis]

I'd write to both HMRC and the collectors (just CC the letter to the later), from a conversation I had recently HMRC are about as much use as a chocolate fireguard when it comes to updating collection agents.

Apparently this is due to the sheer volume of work, sound like a sh1t system to me but what do I know.

 

[SyncMaster]

They are offloading to their debt collectors but I also paid a chartered accountant to spell it out to them months ago in writing. They have also been called a few times by him.

I asked the phone co. to block the number but it's still coming through!

I have no choice but to change my number - which I am happy to do.