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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
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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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