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Question about Sheriff

  • 18-11-2023 7:43pm
    #1
    Registered Users, Registered Users 2 Posts: 58 ✭✭


    Hello,

    I have a small business and a good few months ago I got an invoice from Revenue that I paid pretty much immediately (by ROS direct debit over 3 months ago). About 2 months late I received the same invoice again as unpaid accompanied by a nasty letter. I phoned Revenue and told them that this is long paid and the person on the phone said (assuming after checking in their great computer system) that everything was fine.

    Now I received an even nastier letter by a so called Sheriff (I only thought they existed in the Wild West) demanding payment, interest, fees etc.etc. and threatening me with even nastier action of confiscating and auctioning my company property.

    An option saying that I should contact them if the invoice had been paid in the mean time is missing altogether.

    So here is my question: I am really fed up with those people in Revenue (I was tempted to use another expression here but decided against it to keep this thread on a halfways professional level) and I am tempted to simply do nothing and wait until the so called Sheriff knocks on the door and then showing her a copy of the money transfer. Is that an option and what could happen worst case? Any advice / experience people had in similar situations are welcome.

    Kind Regards,

    Hugo



Comments

  • Registered Users, Registered Users 2 Posts: 21,433 ✭✭✭✭Ash.J.Williams


    Yeah it's scary but easily sorted , I'd phone the sherrif and tell him the craic and then get onto revenue.

    Some say the sherif is easier to deal with then revenue 😂😂



  • Registered Users, Registered Users 2 Posts: 11,716 ✭✭✭✭Jim_Hodge


    First, it's not a so called Sheriff. It is a sheriff. Contact the sheriff's office and explain. It should be easily enough sorted. Government appointed sheriff's have considerable power but are easy to deal with. Just don't wait until it's a knock in the door to collect payment or seize goods.



  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble




  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    Hi,

    thank you for the answers, and yes, calling the sheriff would be the reasonable thing to do. But I do not want to be reasonable for two reasons: I contacted Revenue already about that and 2. it didn't even dawn to the so called sheriff that there is a possibility that the invoice has been paid and that Revenue is wrong.

    So the sheriff letter tells me to pay, which I have done already 3 months ago. It does not cover any other options, so nothing I should be doing according to that letter.

    So my question again (because it has not been answered): what happens if I do nothing and the sheriff knocks at my door? Keep in mind, the fault is on Revenues side, I have paid and I have proof of it.

    Kind regards,

    Hugo



  • Registered Users, Registered Users 2 Posts: 2,755 ✭✭✭niallb


    Call the sheriff's office in the morning.

    Better still, go there in person. In many counties it's a law firm and easily found. You've a great chance of sorting it out directly with the sheriff, but the guys banging on your door will be bailiffs and at that stage things may have escalated too far to sort on the day without paying the full demand.

    As far as the sheriff is concerned you've paid them no money at all since you paid revenue.

    Any chance the "invoice" was an estimated vat bill? If it was and the return wasn't made, they've a nasty habit of doubling it on the next one!

    If it was a final demand it will list the periods and types of tax involved.

    It should be fairly clear from your ROS account correspondence if everything is paid up and might persuade the sheriff to call and confirm. Standing in the same room as them is a major benefit here.



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  • Registered Users, Registered Users 2 Posts: 2,045 ✭✭✭JoChervil


    ..



  • Registered Users, Registered Users 2 Posts: 5,388 ✭✭✭Widdensushi


    More effort going into this thread than actually sorting out the problem.



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht




  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    @niallb: yes, you are right, I paid Revenue and not the sheriff. But that means that Revenue went to the sheriff with a false claim. And they cannot even claim it was a mistake because they sent me the invoice twice already and I did phone them and advised them of their mistake. I have a record of that too. So they knowingly made a false claim.

    So I do not think that it is legal if the sheriff enforces a wrong claim. It would not surprise me if I could get compensation for all the hassle they caused me. Could get interesting....



  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    Yes the Sheriff is very real as is the sheriffs men for that matter. But from what I remember they only operate in Dublin and Cork, else where it is the county register that handles debt collection. And yes like you most people think they only exist in the movies. I used to have a lot of dealings with them back in the 1980s as I did a lot of insolvency work back then and I’d strongly advise you to contact them ASAP and do what ever is needed to sort it out. Customer care is not high on their list of priorities so don’t waste their time letting them come out to you as it may not go the way you expect.



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  • Registered Users, Registered Users 2 Posts: 21,433 ✭✭✭✭Ash.J.Williams


    Seriously the sherrif is human, if you tell him it's all in order then he's out of the picture



  • Registered Users, Registered Users 2 Posts: 87 ✭✭esker72


    My advice would be to step back and reassess the situation. You sound like you want to have an argument but the Revenue and the sheriff are probably not the best people to pick a fight with regardless of whether you're in the right or not. You never know when you might come across them in the future.



  • Registered Users, Registered Users 2 Posts: 11,716 ✭✭✭✭Jim_Hodge


    Just for clarity. There are 14 sheriffs currently appointed. 2 in Dublin and the other 12 are spread around the country.



  • Registered Users, Registered Users 2 Posts: 18,283 ✭✭✭✭RobbingBandit


    Guess here would be the order went to the sheriff when you got your first letter since you've paid in the meantime revenue don't inform the sheriff of this as Irish bureaucracy doesn't have much sense on helpful matters print or produce your record of payment send or show this to the sheriff and send them back to revenue to seek their dues.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭waterwelly


    There's actually 2 types of sheriff. A revenue a sheriff and another type (court sheriff?)

    The "court sheriff" only operates Dublin and Cork AFAIK.

    So if you don't pay the M50 toll the toll company can appoint a sheriff via the courts to seize you goods. But if you don't pay the Limerick tunnel toll it's the county registrar you deal with.

    But in this instance it's a revenue sheriff you are dealing with. Don't think they get involved in seizing anything but cash.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭waterwelly


    I forgot to pay VAT once, revenue sent me a demand letter with an estimate, which I overlooked. Call it €4000. I got a letter off the sheriff looking for the money and a % based on the €4k.

    In the meantime I paid the bill (correct amount was say €1000) and the sheriff rang me with the updated %. It was small buttons call it €75 so I just paid him. My mistake anyway.

    Your best bet is contact the sheriff, explain the errors made, with your evidence, and get it all sorted.

    Also make a complaint to revenue.



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    Hi,

    I had paid three months ago, pretty much immediately. So it is not a case of late payment at all



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    But you don't want to sort this out with the sheriff, because revenue are wrong?

    That doesn't make sense, and no you won't get compensation because the sheriff knocks on your door.



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    I suggest you read what was written before, so that you know the facts.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    I did read it. You suggested ignoring the sheriff, allowing him to come to your place, because revenue are wrong. Doesn't make sense. You won't annoy or upset revenue by doing that. You may annoy the sheriff, but I'm not sure what you could get out of that?

    And no, you won't get compensation.



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  • Registered Users, Registered Users 2 Posts: 21,433 ✭✭✭✭Ash.J.Williams


    The sherrifs dog has a bit of a limp too , a customer shot his paw



  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    It sounds like a clerical error/letters crossed in the post, whatever. These things happen. Human error happens.

    You can sit and wait and have the spectacle of having people show up at your business to sort it out in person, or you can make a phone call on Monday to sort it out over the phone.



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    @Big Bag of Chips: yes, this is exactly the decision to make. And that's why I asked: what can happen? Nobody answered this question so far, lots of good and well meant advice but not what I want to know.

    So what is the worst case scenario? They show up, they ignore the proof of payment and they try to start confiscating things (good luck with that). And then? Even if they find something to confiscate, they were in the wrong and it has to be returned at some stage.

    And it is not Revenue (although they have been advised already that their claim had been settled). It is the sheriffs letter that I find offensive. I am not even given the slightest chance to clarify the situation. So why should I? Every letter demanding payment that I know has a sentence in it that says to contact them in case payment has been done. Not so in this case. Appaling.



  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    Thanks for the update, as I said it was back in the 80s. Back then we had a company going bust almost every couple of days and most young accountants spend some of their early days work on insolvency cases... with the dramatic change the country's fortunes since then, I'd have expected there would be less work for them, but there you go.



  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Worst case, they show up, don't take any notice of the story you spin or the paperwork you have, and do actually take stuff. This looks bad to your neighbours and customers, and seriously inconveniences your business.

    Seriously, go to a shop today and get some adult-pants. You're thinking like a petulant child - and that doesn't work with a Revenue or the sherrif.



  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Go right ahead. Let them come to your business. Sure what's the worst that can happen. I'm sure you won't mind being closed on the spot. Any customers and staff being told to vacate and the sheriff plundering all your assets.

    If you fail to make contact with the sheriff In advance, you cannot reasonably claim that they acted inappropriately in carrying out their work.



  • Registered Users, Registered Users 2 Posts: 71 ✭✭Drifter100


    Be very careful here. There is a sheriff in Dublin City and Dublin County here. Make sure you get the right one, the county sheriff is based in Tolka Vale Industrial Estate in Finglas but they don`t like you calling there. They come to you with their bailiffs which you have to pay for. Once the issue goes to them they will want paid for their "expenses" Its very very hard to get the Revenue to take an order back from them be it right or wrong because they (Revenue) will have to pay the sheriff their fees. Call them tomorrow, they only open from 10 to 1 and explain your circumstances. At the least you will stop the bailiffs turning up at your door. Not a nice experience and believe me reason does not prevail



  • Administrators, Society & Culture Moderators Posts: 14,910 Admin ✭✭✭✭✭Big Bag of Chips


    It's a template letter. Probably nobody has actually read the exact text in months/years, When you ring them on Monday to sort it out over the phone, you could advise them to perhaps include a line explaining the procedure if you've already paid the debt.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Every letter demanding payment that I know has a sentence in it that says to contact them in case payment has been done. Not so in this case. Appaling.


    the sheriff doesn't have to put that sentence in. The reason they are involved is because payment hasn't been made (yes, I know in this case it has, revenue at fault, not the sheriff) maybe look up the sheriff's role?

    I cannot understand why you wouldn't just call up the office and sort it out. It's like something a stubborn toddler would do.



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  • Moderators, Business & Finance Moderators Posts: 10,606 Mod ✭✭✭✭Jim2007


    The worst case scenario would be that when they do turn up they refuse to accept your receipt as being genuine and proceed with the seizure, it would not be the first time they have been presented with fake receipts. If that were to happen, then I suppose it depends on how much hassle to your business and way of life you are happy to deal with in such a situation.



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    As I said before, my business would not be affected, nothing to take, the business has no assets. And to be honest, with the hassle Revenue is giving me, keyword "payroll modernisation" which takes me now three times as long to process as before, CT1 which does not work on ROS, and the Cro etc. etc. I am more and more tempted to close down and simply do a few jobs cash in the hand.



  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Just make contact with the Sheriff.

    You appear to be fond of childish tantrums. The sheriff is an interesting one to test your tantrum on whether you are in the right or the wrong.

    Let us know how it goes anyway.



  • Registered Users, Registered Users 2 Posts: 40,638 ✭✭✭✭ohnonotgmail


    Every business has assets. Do you stand up all day or do you have a chair to sit in? A laptop computer? All will be seized.



  • Registered Users, Registered Users 2 Posts: 21,433 ✭✭✭✭Ash.J.Williams


    It's a generic template letter , every self employed person gets them when it appears they've missed a vat payment

    Worst case scenario is the Viper and his new pal Jonathan Mr Big Downey smash your front door in

    Until you ring the sherrif the law is on their side



  • Registered Users, Registered Users 2 Posts: 2,797 ✭✭✭scwazrh


    You are showing your inexperience in business if you think having a tantrum with the revenue sheriff is a smart move .Play games with them and see how quickly you get audited and even if they find nothing wrong the cost of dealing with an audit isn’t small.I know from experience of dealing with the sheriff that you will feel like they are bullying or harassing you but you’ve got to suck it up and move on.They have the power not you .



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  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    No, the business does not own any assets ;-)

    And I am not afraid of audits.

    So I phoned the sheriff and it turns out that the second identical letter from revenue was actually another demand. I had written to them at the time and they couldn't be bothered to reply. So I paid today but I will ask revenue for a refund of the interest and fees. And don't worry, I will get it back, one way or another.



  • Registered Users, Registered Users 2 Posts: 5,388 ✭✭✭Widdensushi


    How much compensation will you be looking for??



  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht




  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    So are you saying you actually owed the money after all?



  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭Sunny Dayz


    Have you access to Revenue's online system - ROS? You can see there what you owe to Revenue, though it takes a couple of days for the system to update. Is there a chance that there may have been a cross over between when you sent the payment and when Revenue sent the debt to the sheriff? I've dealt with Revenue Sheriffs a number of times and they are usually straight forward to deal with. But because your debt has been referred to them, you will still be liable for the sheriff costs, Revenue will not reimburse you for them. If you sit on the sheriff letter and do nothing you will then be liable for the costs they incur when they visit your premises. When you ring the sheriff and engage with them, they are a lot better to deal with than if you just ignore them.


    Lastly, don't bother writing to Revenue! Ring them in the morning time, you may be on hold for a while.



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  • Registered Users, Registered Users 2 Posts: 58 ✭✭hugo habicht


    No, revenue actually owes me. My main customers are all VAT exempt.

    And don't worry, I will get all the fees and interest back from revenue.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    Every year my very elderly mother pays her couple of €100 tax as soon as she gets the letter from Revenue. As she’s 90 she doesn’t do online. So she sends a bank draft, literally goes to the bank the day she gets the demand, buys the bank draft, puts it in the post.

    Within a few days she’ll get a “reminder” to pay. Then within another couple of days she’ll get a letter threatening her with potential legal action.

    This, because she didn’t pay online.

    This year I wrote a letter for her to sign, explaining that at 90, in a nursing home, she was living in fear of getting a summons to court over a debt she’d paid in full.

    A few days later a rather snotty woman rang her, I think with the intent of half heartedly apologising, but chiding my mother mildly none the less for not simply ignoring the two letters. Apparently they are computer generated. Very poor customer service.



  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Just because someone is 90 doesn't mean they can't do online. There is no upper age limit on using ROS. Go into a shop they will often bring the card machine even though a person is paying with cash.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    What “shop” are you referring to?

    Nobody suggested that there should be an upper age limit on using MyAccount/ROS, so I don’t know what point you’re trying to make.

    My mother simply doesn’t want to do revenue online. My complaint is that she got a demand, a reminder notice and a threat of legal action in a matter of 10 days or so and that’s not acceptable. Are you saying that it is?



  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Its a disgrace. A revenue demand is a very frightening thing to get in the post. For a 90 year old, I'd imagine it would cause great upset.

    They should really have better systems in place. Even the Ros system has been a shambles this year.



  • Registered Users, Registered Users 2 Posts: 789 ✭✭✭GSBellew


    Em, but you did owe money did you not?

    Correct me if I am wrong, but you got two demands, ignoring the second one because you mistakenly assumed it was for the previously paid one, turns out it wasn't and you did indeed have an unfulfilled liability which you continued to ignore so it was correctly passed on to the Sheriff for collection, now there is interest applied as you had not paid?

    It strikes me that you are not sufficiently competent at dealing with taxation and or paying / filing returns especially if you are finding PAYE modernisation to be a burden, in reality that should have made it easier, you may wish to consider engaging a sufficiently qualified person to assist you in this regard.



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