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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • purple_rain
      DPD parcel stolen

      By purple_rain · Posted

      Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

akinika

davestan

By davestan
in Debt Collection Agencies

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davestan

davestan

Posted
Posted (edited)

hi this is my first time on site. i have sent a standard letter to this firm akinika asking for them to send me how they have authority to come after me for a debit they say i have with HMRC.this is the letter i got back. having viewed the above account we advise you that the HMRC, are acting on behalf of Her Majesty's government,and are not bound by the consumer credit act 1974.

 

the act regulates the way which consumer credit licensees carry on business.for example,there are rules on advertising,pre-contract disclosures,credit agreements and post-contractual information. please forward your propoals for settlement of the account.we are being advised by our client HMRC.

 

 

this is after they had sent me a letter saying they wanted full and final payment of the debt. please can someone advise me if they can say this and send my postal order back,if so can i send them a letter asking if i can have a full and final settlement amount.and only have to pay a reduced amount.because the company that this relates to is now wound up by me,and i am now only paye.and i have not got any spare cash to pay them in one go

thanks in advance davestan

Edited by citizenB
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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hi welcome to CAG,

 

The HMRC along with other Government departments are authorised to use 3rd party debt collection agency to collect taxes, loans and underpayments.

 

Yes they can do the this and are correct this is NOT a consumer credit debt and has nothing to do with the Consumer Credit Act 1974.

 

 

This is NOT like a loan account this is I presume unpaid income tax or VAT and it will not go away, and is very much a priority debt.

 

This company you have wound up was it a limited company, sole trader??

 

They can indeed demand full payment immediately TAX DEBTS are not usually negotiable apart from the HMRC may allow time to pay, they have the alternative to seek a county court judgement for the debt.

 

You are obviously fully aware that the debt is owed and I would suggest that you seek dialogue with HMRC direct or through Akinita, possibly you make want to seek qualified advice locally on tax matters.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
yes it was a limited company. so can i ask for a full and final payment on this debt,or will i have to pay full amount,this was all from 2009

The age of the debt does not matter for the tax debt, one cannot speculate on the HMRCs decision on a reduced offer.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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ims21

ims21

Posted
Posted

You need to say what tax this relates to.

 

Is it Corporation Tax?

 

Is it tax deductions from employees/directors which have not been paid over?

 

If they are tax debts in the name of the company and the directors have not acted improperly then these tax debts usually die with the company.

 

If it is your personal tax then the situation is different so you need to be specific in letting the forum know exactly what taxes these are.

 

Also, did you ever let HMRC know that the company had ceased trading?

 

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ims21

ims21

Posted
Posted
HMRC is the client and it is for corporation tax

 

Ok good.

 

and i have been told i cannot fold the company at company house while i have debts from this company

 

While you may not be able to dissolve the company it doesn't alter the fact that the company has (I assume) ceased trading.

 

As I said, providing there has been no improper behaviour by the directors then the corporation tax liability is a liability of the company and not the director(s) personally.

 

Are there any assets in the company?

 

Did you advise any creditors that the company ceased trading?

 

Who are these tax letters addressed to? You personally or the company?

 

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ims21

ims21

Posted
Posted

In which case I would write to HMRC telling them that the company ceased trading on whatever date a date and copy the collection agents in on the letter.

 

Include in the letter the reasons for the cessation and that the company has no assets or other liabilities.

 

If you haven't told the company's bankers that trading has ceased then I would also let them know as well.

 

HMRC should take the view that this is not worth chasing or they may issue a winding up petition for the company but of they chose the latter then you can cross that bridge when you come to it. It sounds scary but it isn't.

 

As I say, if you (as a director of the company) acted properly with regard to the company's affairs then you are not liable for this corporation tax.

 

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davestan

davestan

Posted
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Posted

company ceased trading over 3 years ago told the bank about this over 2 years ago no money gone into this account for over 3 years so will write to akinika do not know the address for HMRC only got letters off debt company about all this lot

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