Jump to content

jonnyb1978

Registered Users

Change your profile picture
  • Posts

    112
  • Joined

  • Last visited

Reputation

1 Neutral
  1. But can HMRC take control of our goods. I send bailiffs to house??
  2. Just an update after receiving a further letter. I sent them the harassment letter and stated it was also statute barred. II have now received a letter stating to pay immediately otherwise they will have no alternative but to recommend enforcement action. They go on to remind me that this may result in fees and legal costs. An enforcement option where goods are taken into control a minimum of £310 will be added to debt, and that it will be deducted out of the proceeds of the sale of our goods... Is this just typical scare mongering? Can they take goods without court action?
  3. Thanks. Yes a few strange things going on with my account lately. Anyhow. Here have never really answered any of my questions. I do have the SAR but they take no notice. I have explained yet they just come back with they are happy with the outcome and that's that. I've sent the dca a letter claiming it's still in dispute as they have failed to answer my questions and supplied the relevant phone calls when requested to allow a fair dispute, set out the harassment details and that's it's statute barred. Also sent HMRC the same letter but explained the statute barred in more detail quoting the act. HHopefully shut them up again for a while until next time. Thanks
  4. Hi Received a letter today from Equita dca asking for overpayment to be paid back. The overpayment amount to £1200 £150 of this is from 2005 when my wife's employer stopped paying it through her wages. They actually carries on for a short while and I have proof from a Sar request as a member of the HMRC has hand written 'amended error with a reference number'... So not our fault. The remainder is from 2005/6 award saying we never returned annual declaration when we did... this was actually just in my wife's name. Just as we got together. My wife got a letter at the time stating overpayment so rang to query. Hmrc said on the phone we owe them nothing and to ignore letter. Fast forward a few years a letter arrived for overpayment. We disputed and asked for Sar. Surprise surprise the telephone conversations was missing and they never answered my questions. Later we had Advantis chasing us so I informed we were still in dispute as they have not given me what I asked for a fair dispute. I wrote to Hmrc again for telephone records again UT they replied they no longer have them. Advantis disappeared. Fast forward to today with Equita. How should I approach this. Ignore them or claim I'm still in dispute and mention it's statute barred..?? I know they can still try to recover but we do not claim now anything now.
  5. Hi, me again. Well, after the above post saying they will review my representations again as they realise they had received them within 28 days, i have just received a charge certificate stating my £70 fine has increase to £105 and to pay within 14 days.. So im assuming i as you say acted totally improper on these grounds. 1. The notice of rejection (07.04.12) states i responded to the charge certificate, and that the charge has been increased to £105 via the charge certificate issued to me.........In fact i responded with my representations and no charge certificate has been sent until 25.05.12 2. I did sent my representations within 28 days as proven by royal mail tracking on recorded delivery and also the councils customer service rep admitted on the phone. (I have time and date so can i get a transcript to prove this?) The question is, what do i do now. Write to the adjudicator explaining (This option was not given as they say i failed the representations) or wait until a court order/witness statement arrives and fight it on the ground of them acting improper...Thanks
  6. My wife has had a letter from the tax credit office regarding an overpayment from 2004, in a single claim before she met me. She had this also two years ago which we disputed and nothing else was heard (They failed to respond to a letter). Now, a new letter has arrived asking for payment. We sent the overpayment dispute form with only my wifes details in response asking for a full breakdown of the overpayment etc etc. None of my details were entered as this was a single claim at the time. They have responded today but have put our existing joint claim into dispute which has an overpayment of £40....Im not disputing this whatsoever and this joint claim was never mentioned in the dispute letter. How do i (and wife) proceed with this? I informed the TCO by phone on our joint claim and they said they can only put a note on the computer but is unlikely to be spotted by the dispute team??????? Im thinking of sending a copy of the dispute letter again with a cover letter stating this is for the single claim and not our joint one and to amend. Also to ask why was it used for our joint claim when my details were never entered and no reference to our joint claim was ever mentioned. Also to ask if that letter be put on the dispute file to prove that the TCO is not immune to making mistakes as thats what my wifes single claim is all about (The TCO made a mistake but will not admit it). Have the TCO broke some sort of confidentiality rule, getting the dispute mixed up with a completely different claim.?
  7. Have rang up and they say a charge certificate has not been issued. Upon looking at the details in front of her she tells me she realises I have made representations inside 28 days and a new decision will be made and sent out.. As for the NTO its dated 19th.. I received on 20th
  8. Thanks Guys I will try and post a copy of the rejection letter up but having trouble. Here is the wording roughly.......... Title : Notice of rejection of charge certificate I acknowledge receipt of the response to the Charge Certificate in respect of the the above penalty Charge Notice. A Notice to owner was sent out on the 19.01.12 and this gave you the opportunity to make formal representations to the City Council within 28 days. The notice was not responded to until the 23..02.12, and i regret therefore you have lost the legal right to make further representations against the issue of the PCN. The penalty charge has been increased to £105 via the charge certificate issued to you in accordance with the provisions of the Traffic Management Act 2004 and this must be paid within 14 days beginning with the date on which the certificate was served, in order to avoid registration of the debt at the County Court. .....The rest details how to pay. As you can read, they claim my appeal responded to the charge certificate (1st line), but then go on to explain that i never responded to the Notice to Owner until 23.02.12. (It was the Notice to Owner i responded to). So if a charge certificate has been issued, the 14 days will likely be up..i will give them a call later. I'm still concerned i have not been given my right of appeal. 1. Can i ring up and ask for all copies of documents to be sent out to me. 2. Will i be able to send a copy of proof of postage and proof when they received my representations in the witness statement. 3. Can i still write to the adjudicator with copies of proof stating the council have not followed their own procedure as i enclose proof i had replied within 28 days. Thanks
  9. Thanks, I will give them a call to ask? Also in my rejection letter they never enclosed anything about appealing to the adjudicator.. Am I right up saying they supposed to.
  10. Thanks JAmberson No i have not received a charge certificate...Whats is one of these?? To clarify in order 1. Received Notice to owner (First official knowledge of pcn given) 2. Filed Representations within 28 days 3. Received a definite rejection letter stating as i never responded within 28 days, my appeal will not be considered and as i have failed to reply within 28 days the fine has gone up to £105 Thats it. No Charge certificate
  11. I received notice to Owner. I appealed it within 28 days. I received rejection letter stating I never appealed within 28 days.. also the fine has now gone up to £105. (with no enclosed literature about appealing to the adjudicator)
  12. In January, i received a 'Notice to Owner' letter regarding a PCN i had supposedly got in November. I never received a PCN attached to windscreen. However there was an open plastic PCN cover on the floor next to the car and a soggy bit of paper also on the floor. Due to the rain all print had washed off and could not be read. My suspicious mind made me take a photograph of these just in case........Then on the 19th January the 'Notice to Owner' came through the door saying the fine had gone from £35 to £70. I replied (within 28 days), giving my representations. I acknowleged the parking fine but argued because i never actually knew i had a PCN i never had the chance to pay the £35, therefore i asked for the fine to be reset and i would happily pay the £35. I also sent copies of the photos of the soggy paper and open plastic protection film. Today i have received a rejection on the ground of not responding within the 28 day period and the fine has gone up to £105. They say i did not respond until the 23.02.12, when in fact they received my letter on the 15.02,12. I have the proof of postage receipt saying 14.02.12 and a print out from the post office track and trace stating the letter was delivered on the 15.02.12.(Within the 28 days). The letter claims they will not deal in this matter further so now im waiting for a letter from the court and a witness statement letter. What is the best way to procede with this? Im not disputing the original fine but disputing i never had the chance to pay the original amount.. Now im arguing i did submit representations in the 28 limit. What will i have to do in the witness statement???? Any help please
  13. Going back to the start of 2009.....yes 3 years ago, my partner had a letter from the Tax credit idiots regarding an overpayment that they wanted paying back. Basically it was two payments. 1. A mistake when my then partner (now wife) received the credit through a paye scheme. 2. They say she never sent back an annual declaration so are untitled to any credits....She did return declaration. This was a single claim I disputed this and asked for data protection subject access, transcripts etc. They failed to respond to my last letter dated February 2009 and heard nothing ever since. Today they come back with a letter saying i have been told about the overpayment before and to pay it by April, threatening the usual court proceedings etc. Question is do i dispute it all again using the form T684 i think it is or carry on where we left off enclosing all previous letters. There is an admittance of their mistake for overpayment 1 in their notes from the Subject access request. There are phone calls missing of their staff stating 'dont worry we dont owe anything'. phone calls from me asking for another declaration form as we never received one. phone calls trying to sort overpayment. The hardest bit is trying to prove she sent the declaration. They say she didnt, she says she did. The overpayment in question was a single claim ending 15.05.2006 where a joint claim was started (i moved in with my partner), i was arguing if a joint claim was started then they were well aware the single claim was to stop as we told them. Any advice please? Reply
  14. Going back to the start of 2009.....yes 3 years ago, my partner had a letter from the Tax credit idiots regarding an overpayment that they wanted paying back. Basically it was two payments. 1. A mistake when my then partner (now wife) received the credit through a paye scheme. 2. They say she never sent back an annual declaration so are untitled to any credits....She did return declaration. This was a single claim I disputed this and asked for data protection subject access, transcripts etc. They failed to respond to my last letter dated February 2009 and heard nothing ever since. Today they come back with a letter saying i have been told about the overpayment before and to pay it by April, threatening the usual court proceedings etc. Question is do i dispute it all again using the form T684 i think it is or carry on where we left off enclosing all previous letters. There is an admittance of their mistake for overpayment 1 in their notes from the Subject access request. There are phone calls missing of their staff stating 'dont worry we dont owe anything'. Phone calls from me asking for another declaration form as we never received one. Phone calls trying to sort overpayment. The hardest bit is trying to prove she sent the declaration. They say she didnt, she says she did. The overpayment in question was a single claim ending 15.05.2006 where a joint claim was started (i moved in with my partner), i was arguing if a joint claim was started then they were well aware the single claim was to stop as we told them. Any advice please?
×
×
  • Create New...