Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 160 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

Help please, I have done wrong, did not declare correct income for Tax credit


Arike
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4505 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

Hi all,

 

I rcvd a letter from the compliance HMRC team, they found out that i claimed my income for 09/10 was £12,420 and but the figure from my employer was £28,760.

 

£28,760 was indeed my actual income. I have been asked to contact them urgently.I know am in in trouble, but am glad this is finally out. i have not been sleeping for days as i had been carrying this guilt with me since.

All these started when my child started nursery and all the WC +CTC +CHB used to pay for my child's Nursery fees. I am depressed, been crying as i don't know what to do.

 

Pls help. What do i say when i call the compliace team, will i go to prison?. will they notify my employer e.t.c?.....

 

I do not have any excuse, but i must say as i single working Mum, having to pay all the bills and getting my child to go to nursery while am at work, TC was my the only way to survive. i don't claim any other welfare benefits.

 

Please Advise me, what can i say to them when i call, or do i just keep quiet and let them send me an overpayment letter? does it work like that?.

Link to post
Share on other sites

Hello Arike, welcome to the forum.

 

We're not here to judge, and you will get some help on how to approach this. I think you should contact them soon, as it will look better than just hiding. HMRC are never in the wrong, as they see it and you do have something to be concerned about here.

 

You will have to pay back the money, but I'd say prison is unlikely and usually a last resort. Have a read around the forum, because there have been lots of cases recently. Your local CAB should be able to advise you and have links with HMRC. I know someone was going to ask them to contact HMRC on their behalf, but I don't remember what happened.

 

Try not to worry too much, just go about sorting this now it's in the open.

 

I hope someone who's been through this will know what to say to the compliance team, or that the CAB will be able to help.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hello Arike, welcome to the forum.

 

We're not here to judge, and you will get some help on how to approach this. I think you should contact them soon, as it will look better than just hiding. HMRC are never in the wrong, as they see it and you do have something to be concerned about here.

 

You will have to pay back the money, but I'd say prison is unlikely and usually a last resort. Have a read around the forum, because there have been lots of cases recently. Your local CAB should be able to advise you and have links with HMRC. I know someone was going to ask them to contact HMRC on their behalf, but I don't remember what happened.

 

Try not to worry too much, just go about sorting this now it's in the open.

 

I hope someone who's been through this will know what to say to the compliance team, or that the CAB will be able to help.

 

HB x

 

 

Thanks for d quick response HB, I don't mind paying back, i know this will be very difficult. but will give me peace of mind. I cannot help worrying, i just hope i will get over this!!! Will they prosecute me?

Link to post
Share on other sites

As you have committed fraud, there is a likelihood that they will prosecute.

 

The fact that they have found out your fraud, rather than you declaring it first will count against you.

 

I would take up legal advice ASAP.

 

Does depend how much it is for of course. Solicitor I just spoke to said they wont for under 2k. It's not cost effective. Although the OP is probably looking at more than that. But ex sis in law had a tax credit overpayment of 3k & just had to pay it back.

Link to post
Share on other sites

From the information you have provided, this is a civil investigation not a criminal one. Prosecution for tax credits is extremely uncommon in comparison to other benefits. HMRC's policy for tax credit is to use civil recovery wherever possible, not prosecution. Their aim is to recover the funds overpaid. It appears they have written to you to invite you to provide a full disclosure. If you provide them with the correct information in full, the chances of it being transferred to the criminal investigators is slim to none, though they may charge you a penalty. Providing a full disclosure can also significantly reduce any penalty that they plan to charge.

 

Failure to respond or a partial disclosure can mean that the investigation may be transferred to the criminal investigations department. Otherwise if you respond with a full disclosure there is a high chance that all they will do is recover the overpayment and perhaps charge a penalty.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Thanks all. I will call them. I guess i need to give a full disclosure as i want to get this over and done with. i will pay any OP as i know i was wrong and had no excuse.

Kindly let me know, will I only have to repay any overpayment /and penalty and not get any criminal record or prosecution? (giving false/misleading information)

I am really scared. i would love to come out clean so i can carry on , it's as if my whole world is crumbling!!!!

 

Another question pls, can sm1 who is not eligible for WTC be entlttled to Child care element of WTC ,. and what income can you be getting to be ineligible for WTC?

Link to post
Share on other sites

 

Another question pls, can sm1 who is not eligible for WTC be entlttled to Child care element of WTC ,. and what income can you be getting to be ineligible for WTC?

 

The cut off for WTC is around £18k. You can still claim child care costs if you receive no WTC due to income.

Link to post
Share on other sites

Not totally referring to you OP, just in general, but how does that work, that someone can deliberately lie on a form to do with tax, gain thousands from it & not be prosecuted & end up with a criminal record, but someone that fails to notice errors on another benefit can be prosecuted & end up with a criminal record?

Strange world we live in....

Link to post
Share on other sites

hi, i am in a similar postion to you. I had been claiming about £7000 too much in childcare over the last year. Payments were correct for about 2 months then dropped hours and childcare day's but didn't notify change in child care. This went on for 10 months! On friday I decided enough was enough, I wasnever caught or asked for details of childcare etc but I couldn't live with knowing what I had done. So I went to CAB admited everything, they called tax credits after I sorted my figures out and they were actually fine with it. The CAB advisor explained the more I put it off the more I felt I couldn't call and was falling into a dark hole of fraud :(

I couldn't sleep, eat or even think straight. I'd look at my kid's and cry convinced I was going to prison.

Basically I'm now awaiting a letter of overpayment, luckily I have half the money to pay back stright away the rest I'll have to skimp and save for the rest of the year to but right my wrong doing.

Please jut speak to them, they already know you've done wong, they will just want you to sort it out asap and start paying it back. However, I will add that telling them false information is worse that not telling them a change of circumstances as you have purposely misled them, but honesty really is the best policy. The chance of being taken to court for this is quite small judging by the cases on here

good luck xxx

Link to post
Share on other sites

I do agree and found it amazing that it happens.

Normally the Tax man, (HMRC) goes for the jugular, one of the very few that would make a person bankrupt.

 

It's real strange isn't it. People fraudulantly claiming thousands, oh that's ok, it's not counted as fraud, you'll just have to pay it back. Where's the interview under caution?? Where's the threat to their job &/or any future chances of getting a job if they get taken to court, wheres the story splashed on the front page of the local rag, even giving the fraudsters address!?

Apparently there is a drop in fraudulant benefit claims in the last few years, I have my own theory on that, it's probably because they know now the tax credit one is an easier ride! lol

No offense to anyone on this thread, but it's all rse about face isn't it to be honest.

Link to post
Share on other sites

  • 1 month later...

Hi, i'm in similar position ,I have declared income of £12145 instead of £16107 and they found out.I recieved letter from CSSG from Irleand (bit confused as I live in UK)

Have responded to them admiting that I have done wrong and want to pay back everything I have been overpaid asap,today I recived another letter saing that they need to deal with the finalisation of my tax credit award for 2010-2011 I am confused! please advise me on this

Link to post
Share on other sites

  • 3 weeks later...
  • 6 months later...
  • 3 weeks later...

Hi

I have received a letter from the hmrc saying that they have selected my award for review and that there were some discrepencies in the claim, They have the amounts i have told them and the actual amounts they hold from 2010 and 2011 they said they are extending their enquiries to cover the earlier (2010) claim under section 20(4) whatever that is. i mistakenly told them my husbands wages were 16000 gave them the info for after tax not before, and they are actually 21000, also i didnt realise that u had to declare the tax my husband pay on his car, As i didnt realise u had to declare it as we dont actually recieve the money so why is it classed as income. so now his wages have gone up to 30,679.00 a year, This is for both years. i had the usual panic as i have read everyone has done. but phoned them the follwing day(im also sending a letter confirming this just incase they lose the phonecall) and explained to the lady on the phone all of this and admitted that it was my mistake (although its not very clear to people who dont understand tax etc). She told me not to worry, she said she would send the info on and they would change my claim etc.

 

As i said above im still waiting to hear from them,

 

Cp1978 have u had any payments go in since u let them know your situation ???

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...