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Some advice would be appreciated please

Community Veteran
Posts: 7,149
Thanks: 51
Fixes: 2
Registered: 30-08-2007

Some advice would be appreciated please

I would like if possible to get any advice on a curious tax issue, and some related legal advice if possible:
Tax:
During 2005 to 2007 I was employed by a different employer. Following my resignation from this company, some months later I received a bill for unpaid tax of £2500ish, that referred to the period when employed by this said company. The demand referred to unpaid tax on a private pension I am receiving.
Ok so far, I questioned my tax-office, and established that as far as they were concerned the amount was due, a mutually acceptable arrangement was made to repay it. As a good citizen I accepted the HMRC version of events to that time. Naturally I wasn't particularly happy but, felt there was little I could do.
Moving on to the last few days. I have met an ex-colleague, also an ex-employee of the same company, and it transpires he also was saddled with a multi-thousand tax bill after he left that company further, he knows of two other ex-employees of the same company who have had similar experiences.
The difference in my ex-colleagues case is that he didn't pay his bill but, took his case further, resulting in the HMRC recovering their money from the company.
It seems the company has some form in this respect and, has been calculating the amount of tax to deduct from some employees, but submitting a lesser amount to HMRC.
Yesterday I tackled my tax-office about the possibility that I had also been a victim of some sharp practice. HMRC have asked me to submit my query in writing.
Legal:
After the euphoria of possibly getting some money back from the HMRC I started to become increasingly wary of possibly making slanderous or libellous remarks about my ex-employer in writing, should the situation be a simple accounting error rather than a genuine scam.
So would anybody care to comment on these points, preferably before I make a submission to the HMRC.
Other points:
I have long since shredded all of my old pay-slips from my ex-employer; would that employer be obliged to keep copies or at least the details for a period of time and, would the company be obliged to provide copies to me on request.
Is correspondence between HRMC and "customers" strictly private like your solicitor or GP.
Depending on any advice I may receive, I may well take my case to the Citizens Advice Bureau.
Many thanks
Experience; is something you gain, just after you needed it most.

When faced with two choices, simply toss a coin. It works not because it settles the question for you. But because in that brief moment while the coin is in the air. You suddenly know what you are hoping for.
5 REPLIES
Community Veteran
Posts: 16,834
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Registered: 06-11-2007

Re: Some advice would be appreciated please

Quote

I have long since shredded all of my old pay-slips from my ex-employer; would that employer be obliged to keep copies or at least the details for a period of time

something comes from the back of my mind, when I first had a small business, and the accountant told me that records should be kept for six years before being disposed of.... (even if the business closes before that time, the records should still be available for six years after closing)  You could query this with the tax office, and if true, then you may have some chance that recovery will take place...
Community Veteran
Posts: 2,284
Thanks: 219
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Registered: 04-08-2009

Re: Some advice would be appreciated please

Do you agree that the amount is owing? If so then I assume that the said amount wasn't deducted by the Company on your behalf? If it was, and they subsequently didn't submit the full amount owed to HMRC then they owe the missing amount. If it wasn't, the you owe it. Can you show what tax was deducted in that period?
Community Veteran
Posts: 7,149
Thanks: 51
Fixes: 2
Registered: 30-08-2007

Re: Some advice would be appreciated please

Thanks guy's
@nozzer, initially I can't actually prove anything, which is why I asked about employers being obliged to keep records for a period of time. If I can get my ex-employers details, then they might be compared with those that HMRC presumably have. Then if there's a substantial difference my ex-employer may have a case to answer, which presumably HMRC would follow up on my behalf.
Experience; is something you gain, just after you needed it most.

When faced with two choices, simply toss a coin. It works not because it settles the question for you. But because in that brief moment while the coin is in the air. You suddenly know what you are hoping for.
pierre_pierre
Grafter
Posts: 19,757
Registered: 30-07-2007

Re: Some advice would be appreciated please

re record keeping, yes it is best for even a private individual to keep financial records for six years as a lot of things are liable to be claimed back.  I.E.  a gift from a person who then dies.
and a lousy case  Ford sold part of their business to a firm called Visteon,  there agreement was that employees would keep their same terms and conditions.  Visteon has now gone belly up and the receiver is claiming back pensions already paid  http://libcom.org/history/report-reflections-uk-ford-visteon-dispute-2009-post-fordist-struggle
Not me I hope, my money has been taken out of the companies coffers and put into a reliable finance house - done by the company not me
Community Veteran
Posts: 18,545
Thanks: 191
Registered: 12-08-2007

Re: Some advice would be appreciated please

Any records held by the company could legally have been disposed of now but hopefully HMRC will still have copies of information submitted.  Have you thought of asking your MP if he can help?  A long shot but may work.