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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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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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    • 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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