Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By scotmandebt
#314123 HMRC have applied to revoke DAS due to me not keeping up to date with continuing tax bills.

Anybody any experience of this ? i guess as i have not kept to this original condition it will be revoked.

If i could borrow money from family and clear this "continuing liability" is it likely the DAS administrator will view this differently and less chance of being revoked ?

Is revokation an automatic thing for not keeping to the "das contract" or is factors such as clearing the continuing liabilty and having paid a third of plan without issue.

I have been able to make payments every month but the extra lump sum tax liabilty has proved to be tough to acheive to a further 50% drop in buisness

Any advice
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By TalbotWoods
#314143 Hi There

HMRC are very very none forgiving when someone fails to keep up a payment scheme, either formally or informally. Ergo it sounds from what you are saying it may be that they are looking to fail you in the DPP and moot for bankruptcy instead.

As to what to do, I would STRONGLY suggest that you speak DPP/DAS administrator NOW.

If HMRC intend to fail it then you will be served with what is called a Form 5, and you will have four weeks in whcih to show why it should not be failed, it does not ask or expect to to remedy the reason for the failure, though by remedying it you may show the reason why it should not be failed. HOWEVER, borrowing the money, will not be acceptable, as this is replacing debt with debt.

If you have been served this already then the clock is ticking, as once the 4 weeks are up the Administrator will notify ALL parties in the DAS that it has been failed, which often means the only course left open to you is bankruptcy.

So please please please talk to your Administrator sooner than later, OK you may be embarrassed about this, but thsi is run of the mill stuff for them, and no you wont be in trouble over this with the Administrator.

Don't forget you can also check your current status online at :

http://www.dasscotland.gov.uk/home

Tim
By scotmandebt
#314183 Thanks TW for reply

I shall speak to das admin within the week , but was trying to get idea of lay of land before speaking.

My own view is that the das sadly will be revoked , i really dont think any excuses or future plans will make any difference , especially with another tax bill due january and its unlikely i will be able to clear that in time. Im surviving but putting together lump sums is proving impossible.

So was just wondering if anyone had actually managed to prevent a revocation , and if so how.

Its worrying times , and i can see a brick wall coming , just need to know if i need a crash helmet , happy christmas !

thanks
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By TalbotWoods
#314223 I've asked out Scottish advisor to drop by and feed a bit more into this, which may help you more.

Tim
By wdm2
#314513 No, it's not automatic or as simple as HMRC have asked for a reviocation so that's it.

The DAS adminsitrator should look at all the circumstances before revoking.

From your posts I take it that you are meeting the agreed payments under the DPP (very much in your favour) but it's the continuing liabilities falling due that are the problem?

Your best bet may be to apply for a variation (for example by extending the length of it). No guarantee of success though I'm afraid. Will depend on how much is being added and how long the DPP will last for.

As advised you need to discuss with your administrator urgently.
By scotmandebt
#460743 Just quick update on this

I did get removed from DAS .

One of the ermmm difficulties with DAS is creditors have options to
reinstate interest and charge back dated interest for period of the DAS .... so its a tough lesson , dont go into DAS if you dont beleive 100% you can complete it

So far only people though to have backdated the interest is guess who... the HMRC

looks likely i can now clear the HMRC debt though , and apply to go back into DAS , which is apparently possible
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By TalbotWoods
#460823 Yes this always a problem if you are either removed from or remove yourself from any formal agreement, creditors can and often do claim back the interest and charges!

I have seen an instance where a person removed themselves form a IVA, and then scream blue murder, when the creditors suddenly added £1000's of interest and charges, effectual doubling the original debt!

Tim