Jump to content


  • Tweets

  • Posts

    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5249 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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??

Link to post
Share on other sites

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.

Link to post
Share on other sites

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. :)

Link to post
Share on other sites

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

Please help keep the forum alive by making a donation

Link to post
Share on other sites

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. :)

Link to post
Share on other sites

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].

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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. :)

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...