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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HMRC are making me bankrupt after there mistake. I asked for their help in filling in my tax return after my first year and had made a considerable loss, I was told where to put this and that I could claim it back. subsequently they paid a large sum into my bank even after i challenged them on the phone, I used the monies in my businesses to pay bills etc, after 2 years of trying to sort it out and offering payment plans and having sent a payment that was returned they are making me bankrupt, I am starting to wonder whether I should just give up and sign on so I get to have a nice life instead of working 15 hours a day 7 days a week and treated like a criminal by HMRC. Has anyone else been thru this?? any ideas??

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hI We have been fighting these for the past three years, currently with Parliamentary Ombudsman. We are in our late 50s and registered disabled. This is their mistake again and wrong advice. lost paperwork and dow right lies. My file is 400 pages, been fined for not filling in forms that dont apply to us. Instead of Christmas cards we get threats of bankruptcy and distraint orders, called us liars coerced us into signing doc and the original adjudicator though this was fair. Now asked what file is being looked at is it ours or selected hi lightd from inland rev.

Surely if everyone starts to tell their stories of lies and treatment by them we can stop this.

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I'm afraid my MP is absolutely useless as far as these matters are concerned. Debtors rank somewhat lower than dog dirt.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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As above it has worked for people in the past and in particular now that a general election will soon be upon us.

 

DG

I have no legal training my knowledge comes from my personal life experiences

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Contact their oponents as they will be interested in anything that your MP is ignoring ;)

 

I think I'm caught in the middle here .... the opponents rank lower than dog dirt. They certainly behave like it.

 

 

H-E-L-P!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I would be willing to collate everyones letters and complaints and send it all to HMRC complaints and my MP who is actually quite good and also get him to send it to the Parliamentry Ombudsman. If you all send your letters/experiences/complaints via email to me I would be happy to do this. What do you all think? We would need as many as we can get so would need to get the word out their. Email me at [email protected].

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I got a letter in the door today, it said they (HMRC) were seeking to levy distraint against me.

 

My accountant filed my tax return last year but filed for 13 months instead of 12 plus 1.

 

HMRC sent it back but I did not see this envelope. I always get post from HMRC that is not relevant to me (PAYE for example). As far as I knew I had made my return and paid my tax. This delay was my mistake. As soon as it was discovered we split the return in two and sent it back to HMRC.

 

Turns out it was too late.

HMRC took my return as null and void and estimated my income. The tax calculated is just under 14000. I grossed 6000 last year (similar figure this year). I am training myself as I go so no large income yet. I registerd as self employed as I was surviving on my hobby turned profession as an IT person I wanted to do right by the tax man..

 

I met my accountant through a mutual friend and he said a company was the best way to go as there were many flexible ways of getting financial help. So I went limited.

 

In my first year I was late in filing but paid Companies house the penalty in installments. They acknowledged my return. (which was also sent to HRMC)

 

It may sound like a joke to you but my assets are nothing close to 2000. I live mostly on hope and ambition.

Does this mean that I will be made bankrupt for penalties and tax that is not connected to the reality of my situation?

 

I am sure I am not the first and "the law is the law", but is there a way I can pay in installments.

I am not sure my punishment in proportional. Is there anything I can do?

 

I came here to post as I am not totally confident in my accountant anymore, I need to know what my real options are. Each time we speak he seems more interested in covering his behind so I need to know as much as possible from a different source.

 

Any feedback would be greatly appreciated.

 

I will call HMRC tomorrow, I am still in shock

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Hi

 

Did this so called accountant not offer you any insurance protection on him getting it wrong so that he would be responsible to HM instead of you. A lot of accountants offer this sort of insurance now, my hubby used to be self employed and his accountant offer this insurance now I'm going back over 10 years so it should have been improved by now.

 

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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I did not have any insurance, my cash flow was so erratic at the time I am sure I would not have taken him up on it if he had offered it which he did not.

Is it that dangerous to file a tax return that insurance is a good idea?

I just wanted to say hello I am legal and pay my taxes how can I help you today and issue an invoice at the end?

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I would be worried about the threat of distraint, but not unduly so. They do this to my wife every year but don't carry it out.

 

That isn't to say they won't do it your case of course. Keep talking to them. Unlike debt collectors they don't and won't go away, but they can be pacified if you 'show willing'.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Thaks for your responses.

I called the collections offices who tell me that they made an estimate and I sould contact another office in central london.

I will still have to pay the penalties which amout to just under 1500.

The figure would make a very significant difference in my life but I will not complain. I know I am lucky.

Thank you for responding

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