This how HM Revenue & Customs explain ways you now be able to challenge their planned power to grab cash directly from bank accounts.
Its what they call Direct Recovery of Debt and it only applies to people who they say have ignored 4 demands by letter or phone.
Direct Recovery of Debts
– routes of appeal and opportunities to object to HMRC
Debtors will have several ways
to challenge the use of DRD:
- Taxpayers already have appeal
rights if they do not agree that the tax or tax credit debt due is correct. The
exact process differs depending on the type of tax, but usually involves first
requesting an internal review by HMRC. If the taxpayer does not agree with
HMRC’s decision, they can appeal to an independent Tribunal. DRD will not
affect these existing rights.
- Debtors who are considered
for DRD will receive a guaranteed face-to-face visit from HMRC’s agents. Even
those who have failed to respond to the numerous attempts to contact them
– by letter, telephone or SMS message – will again be made aware of their
debt and have a further opportunity to discuss their case. This will confirm
beyond doubt the identity of the taxpayer and that the debt is owed.
- Once DRD has been applied,
debtors will have as a minimum 30 days before any money is transferred to HMRC.
During this window, in which money is held in their account, the debtor can get
in touch with HMRC directly and object to the use of DRD if they believe HMRC
has made a mistake, or that removing the funds will cause undue hardship. HMRC
will promptly carry out an internal review of their case. If there is clear
evidence that DRD action will cause undue hardship, it will instruct the
debtor’s bank to release an appropriate amount to the debtor.
- If the debtor still does not
agree with HMRC’s decision, they will have a further right to appeal to a
County Court on HMRC’s use of DRD or on the grounds of hardship.
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