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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Taxman to make money from Payment Protection Insurance


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A spokesman for HM Revenue & Customs told Radio 4's Money Box programme: "No tax is generally due on the repayment element of compensation paid to those missold PPI. However, the additional interest is taxable - in line with other compensation claims."

 

http://www.bbc.co.uk/news/business-15701101

 

Millions face an unexpected tax bill over PPI compensation. Customers who have waited weeks, sometimes months for their money will have to pay tax on the interest they receive. It was agreed with the regulator - the FSA - that victims of PPI mis-selling would receive interest at 8% - but that could come down significantly after the revenue have had their cut.

 

http://www.bbc.co.uk/programmes/b0171x1r

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  • 2 weeks later...

I wondered what happens if rather than the standard calculation they give a goodwill payment instead-seen a few older cards/loans where the banks don't have/can't be bothered to find the old statements and negotiate a compensation payment and banks being banks they say its a good will payment in full and final settlement.

In that case you can't break down which bit is the "8%", so what would be taxable-the whole amount?, 8% of the total?, allof it?

 

Ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Right so better from a tax point of view if they offer a settlement, but I guess you are probably loosing out on the total paid on these older claims where all the info is not available anyway.

 

Ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Right so better from a tax point of view if they offer a settlement, but I guess you are probably loosing out on the total paid on these older claims where all the info is not available anyway.

 

Ali x

 

Matters not the age etc. All that matters is how the award is worded, for example a goodwill settlement of, say £500 plus 8% int of £100 would still mean that the 8% int has to be declared to HMRC.

 

If it was just a a goodwill settlement of £600 (with no mention of interest), the amount of award is the same as above but no interest element to delare to HMRC.

 

ims

 

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Ahh got it ims, so its how they break down the award that matters.

 

Ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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  • 1 month later...

I've recently received a £12k payout from MBNA for miss-selling PPI.

 

Having read this thread and the artcles attached, can anyone advise where I stand with a potential Tax liability?

 

The breakdown given by MBNA is as follows (rounded figures by me):

 

PPI Premiums charged since the sale date £3.9k

The amount of interest associated with the PPI premiums £5.7k

Total amount of 8% interest £2.5k

Total amount payable to you £12k

 

The link to the BBC website mentions tax deducted at source. How do I find this out?

 

In any event, I intend to ask MBNA to breakdown their calculations and I think that this subject gives me a ligitimate reason to seek this info, but is the tax liability on the "interest associated with the premiums" or the "8% interest" or both?

 

Thanks

Edited by Tungata
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IMS21 is correct. So if you are a basic rate tax payer then your liability to tax is £500 on this. As it is a bit of a chunk I would suggest you put it aside straight away when you get the repayment. HOWEVER, you need to check when the settlement arrives whether MBNA has already paid the tax on your behalf. HMRC rules would indicate that interest should be paid net of basic rate tax (as interest on savings in the bank is usually paid), meaning that if you are a basic rate tax payer you have nothing more to pay. However some banks/card companies have not interpreted the rules that way and are paying gross. If tax has been deducted it will be clearly stated on the documentation and if in doubt you can always call MBNA and ask. (If the interest is paid with 20% tax deducted and you are not a tax payer you can get a refund from HMRC)

 

Part of your settlement is a refund of interest charge don the PPI premium. That is not liable to income tax.

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Thanx for the guidance

 

I'm a higher rate tax payer so, based on my figures and these comments, I see two scenarios

 

1) Tax deducted at Source

 

Total Interest = £3125

20% Tax deducted (at source) = £625

Amount paid to me = £2,500

My Tax liability (another 20%) = £625

 

2) Gross amount paid to me

 

Amount paid to me = £2,500

My Tax liability (40%) = £1,000

 

So, I need to set aside between £625 and £1000, to keep the Revenue happy, at the end of this Tax year

 

Correct?

 

As a side issue. how do the Revenue get to know about this? My honesty? :wink:

 

Cheers

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You pay tax at whatever your tax rate so yes what you say looks right to me.

 

Most banks pay gross....there are only a couple that deduct at source.

 

It is up to you to make a full declaration of your tax affairs each year...not for HMRC to find out.

 

ims

 

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You pay tax at whatever your tax rate so yes what you say looks right to me.

 

Most banks pay gross....there are only a couple that deduct at source.

 

It is up to you to make a full declaration of your tax affairs each year...not for HMRC to find out.

 

ims

 

Any payments of interest over £50 in a tax year are automatically notified to HMRC by the bank in question. IN practice you are not talking about huge sums here in the grand scheme of things.

 

How much extra you pay depends on whether the £2500 you get is the net or gross figure

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Any payments of interest over £50 in a tax year are automatically notified to HMRC by the bank in question. IN practice you are not talking about huge sums here in the grand scheme of things.

 

How much extra you pay depends on whether the £2500 you get is the net or gross figure

 

Yes agreed...but the onus is still on the taxpayer to make a full declaration.

 

ims

 

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interesting reading here.me and my partner have just been sent a 7k refund of payment protection

insurance.my partner works full time and pays tax.however i,m currently in reciept of employment

and support allowence.this is a joint account.does this mean when we put this money in to

our joint building society account i will be taxed as i,m on benefits ? if so what rate would that be

at many thanks.

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How is this worked out if the settlement has PPI premiums, Compounded interest and 8% Stat on top?

Surely if the PPI was never added then the Premiums could have been invested in an ISA?

This is not as simple as it seems?

 

It is simple as far as tax law is concerned on the 8%.

 

Where you pick up the point about the premiums and contractual which would have been available for investment elsewhere, this is where the principle of restitution comes into play.

 

It boils down to the regulatory or court route

 

ims

 

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Waddington

 

Everyone is entitled to an annual personal tax allowance which is currently £7475 .

If your total income from wages, some benefits and investments exceed that figure, you will pay tax on the balance at 20% on the first £35k of your income.

Gbarbm

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