CCM8510 - Closing the Examination
Instalment Offers
If the conditions at
CCM8440 apply and you have no alternative
but to invite an instalment offer, you will need to use one of the
draft letters of offer at
CCM8740 to
CCM8810 Appendix 1 - 8. You need to
prepare this on plain paper without any official heading, footnote
or logo. Where you are recovering overpaid credits the offer must
include a statement of tax credits overpaid. You need to show WTC
and CTC separately in the statement. However, it is usually best to
insert the amount where instalments are involved as incorrect
wording will invalidate the offer.
You will only be able to calculate forward interest, see
CCM8450, once you know the terms of the
proposed settlement, so if an instalment offer is discussed at a
meeting you will often have to carry out your calculations when you
return to the office.
There is no objection to you taking a draft instalment letter
of offer to a meeting including the wording for the instalments,
but excluding the actual amounts. However, you must take care to
ensure you calculate forward interest correctly and make sure the
instalments add up to the total offer otherwise it is invalid. If
an offer is invalid you will need to invite a fresh letter of
offer. At any meeting, make sure you cover the points mentioned at
CCM8490 and
CCM8500 above.
Alternatively, if you are sending the offer out with a
letter, perhaps following a meeting, there is no objection to you
typing in the amounts to save confusion, as long as it is clear
from your papers that there has already been a discussion as to the
amount of the offer and the claimant has not been bullied or
coerced into agreeing to that particular amount. If the claimant is
represented by an agent who is familiar with letters of offer, then
you might want to leave the amounts blank. Make sure you cover the
points mentioned at
CCM8490 above.
The instalment arrangement should include the largest
possible down payment (the first instalment). The remaining
payments need to be spread over the shortest possible period but
you and the claimant must be realistic. You must remember to
include forward interest as detailed at
CCM8450. When payment is to be made by
four or more instalments, you should ask the claimant if payment by
direct debit is required. See
CCM8530 for further guidance on direct
debit arrangements.
The instalments on the letter of offer must be precisely
stated and the dates for payment must be precisely ascertainable.
It is recommended they are set by reference to the letter of
acceptance. The examples at
CCM8520 (next page) describe how to set
out the terms for the instalments on a letter of offer.
