Class 2 exemptions/refunds

[Kitty Kat]

Hiya all

So a new client has been self employed since April 2008. For whatever reason HMRC have only just contacted them regarding class 2 NIC payments, meaning they haven't been paying them and so I assume will be getting a bill for the unpaid amount since April 2008 and will be put on a DD for future payments. That all makes sense.

The issue is that for 09/10 they were under the SEE limit so didn't need to make any payments. I am now in limbo as the HMRC notes imply to me that we can make the SEE claim but any Class 2 already paid must be claimed back seperatly. But have the Class 2 payments been made given the bill is on its way? Can I make the SEE claim, tell the client to only pay April 08 to April 09 (plus possibly April 10 to date) and it will all come out even, or is there some bureauocracy that says they have to pay it all and reclaim the SEE part?

Basically should I just submit a 09/10 cf10 and advise the client what is really due and to ignore the HMRC demand?