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  1. Hi, I hope someone can help with this - I have Tax Returns and Penalties that date back 15 years. 1. Is there a limit to how many years back I have to do Tax returns for? My tax situation is complicated, and the worst of it is that I am extremely unlikely to owe any tax. Basically situation is this - many year ago I was thinking about self employment and rang the Tax office to enquire how I would get a schedule D number. I never requested one, just made a general enquiry. I then worked as an Employee on PAYE for several years, and moved homes several times. Forward a few years, I was then working part-time and started researching into a home based business. I paid out some monies in getting in stock, website etc. I then became ill with M.E and it was all put on hold. When I was better I then tried to get the home business going again twice, before I relapsed again. As I didnt manage to earn much (well under personal allowances), I thought no more of it as was not in paid employment at the time. Fast forward a few more years, I got much beter and then worked again on PAYE. I was being charged emergency tax and phoned various tax offices (each one would give me a different one to contact) to get the correct tax code. All of a sudden I got several tax returns and penalties landing on my doorstep (Tax Office now had my current address), and threats of Bailiffs coming round to take possessions). This was approx 4 years ago. I then contacted HMRC and went to see them to get it sorted, and for help with doing the returns they wanted. I was told at this appt that there was one particular year I would need to fill in (as I was probably due tax back), and that they would cancel the rest of the returns and penalties. I then suffered a severe relapse of M.E and also depression and became bed ridden and housebound for the next 2 years. Communication from HMRC stopped and I thought all was OK. Then recently more demands for late penalties and returns started arriving again. 3 Months ago I phoned the tax office again, explained the above and was told that the returns and penalties would be cancelled, and that they would ensure I would not get more returns. However it has started again, and I phoned them last month. They agreed to cancell the last 2 years and penalties and I had a letter confirming this, and it was corrected online when I checked. I then got another letter from a different address saying they would review the outstanding returns if I could confirm I'd not been self employed or rented property out, and that I could also appeal the penalties. However they did not state for which years. I am in the process of writing them a letter, trying to compile from my records information and to get dates etc. I have been on Incapacity since 2008, and told them this several times, have not rented out property recently. However I did rent out my home 15 years ago, (12- 15 months) whilst I was working away from home. Anyway, today, I find that they have added last year's return and penalties (despite the letter stating that I did not need to fill it in). What is really galling is tht now I have got together all my PAYE for these years, I estimate I am probably due a refund on quite a few years, yet Taxman is chasing me!. Sorry for the long post, just felt it that as I will probably have queries later on whilst trying to fill returns, it would be better to have a fuller picture. I also have DLC now contacting me since I phoned the Tax Office last month, demanding payment. I have emailed DLC and told them the amount is in dispute and that I am in the processs of trying to sort with the Tax Office. No response, just another letter demanding payment immediately and asking me to telephone them. Can anyone out there help and advise me on this. any help would be very much appreciated as it is a huge mess, and I am stressing and concerned about another relapse. Thank you
  2. Hi All, Phoned Court at 3.55pm, just before they shut. they confirmed no papers filed, and said it would be automatically struck out. YAHOO! Apparently I dont get notified of this, only if they re-instate it. So what do I do next? Thankyou everyone for your help, shall certainly enjoy the weekend, knowing it is struct out for now! Thank You
  3. Thanks CCM, really hope I don't get post tomorrow! Is that all I need to do to get it struck off, or do I also need to file a form? Here's hoping with my fingers and my legs crossed! Thanks for all your help, Mwah
  4. Doh, Deadline for them is 24th April not Feb!! Trying not to get my hopes up, nothing on doormat so far, only 1 day to go, fingers crossed
  5. I was really impressed with the defence you did, and the draft order directions, shame the District Judge wants boring plain old english he he he. Deadline for them to redo POC is 24th Feb, so fingers crossed! On another note, I did read somewhere, but heck can I find it now, that if Assignment of debt is done, with /or without notice to Debtor, but Debtor makes payment to original company, then in law, the debt reverts back!! I mention this as I did not receive assignment notice from B/C etc, and have ensured that I have been paying them monthly over the last few months. B/C have been accepting payments, and not notifed me that debt is no longer with them, if it is not!! I mention this again, because if I have to redo my defence, then maybe it should be included?? In the meantime, I shall look through my stacks of papers and see if I can find the reference to this again
  6. Hi All, Update on what is happening: Friday I recieved a General Form of Judgement or Order from the Court as below: "Before District Judge XXX sitting at XXX County Court Upon reading the court file IT IS ORDERED THAT The claim be stayed as it makes no serious attempt to comply with CPR 16.4 (1) by setting out a concise statement of the facts (Stylised particulars do not constitute compliance) The Claimant must amend, or substitute its particulars of claim setting out the Claimant's case in plan English and file and serve them by 4.00pm on XX April 2009 and in default, the claim be struct out without further notice. If the above order is complied with the Defenedant must file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English Dated XX April 2009" Is there anything I need to do/prepare for in the meantime?? All help very much appreciated Thankyou ChasedbyAgencies
  7. CCM, Thank you, thank you absolutely brilliant. I like it, I like it! Had read GhostDebts thread and was going to use this in section G "On the xx/xx/2009 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to file a full and complete defence against the case from the claimant. A copy is enclosed for the court's reference. (Proof of postage and confirmation of delivery is available) To date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a litigant in person I respectfully request the court to enforce this request for information, and, if the court considers it appropriate, the issue of an "unless" order to ensure the proceedings are not delayed further" as didnt know what else I needed to cover! Your response really is very comprehensive, and wow, it really socks it to them. Really appreciate it, thank you for all your effort and hard work, really had not expected so much help, Ace. Thanks to everyone for their help and input, will keep you posted.
  8. Thanks Ghostdebt, will look at your post and the others for info about form 149.
  9. Hi CCM, Defence submitted online: 1.Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insuffic-iently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agree-ment referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim. b) Neither a copy of the purported credit agreement that the claimant cites in the Particulars of Claim, nor a copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has been served attached to the claim form. c) Without fair warning the claimant brought this action without sending a Letter Before Action as required under the Pre-Action Protocols Para 4.3. 3. Consequently, it is proving difficult to plead to the particulars of the claim as matters stand, and I put the claimant to strict proof thereof. 4. It is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case and by which this agreement is regulated by. 5. Further to the case, on 11/01/2009 I requested the disclosure of information pursuant to the Civil Procedure Rules 18 , which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimant is in default of said request under section 78(6)(a) of The Consumer Credit Act 1974. 6. To Date the claimant has refused my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially as I am a Litigant in Person. I have not yet had the opportunity to assess if the documentation which the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The claimant is therefore put to strict proof that such a compliant document exists. 7. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I also put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to comply with the prescribed format for such document as laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI2004/3237). Failure of a default notice to be accurate not only invalidates the default notice but is an unlawful rescission of contract. 8. The Defendant denies that there has been any failure to make payment in accordance with the alleged agreement. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale/at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment. 9. Without Disclosure of the relevant requested doc-umentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contains the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974 10. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.
  10. Hi CCM, the two threads were merged into this one. Am not at home so can't post up defence yet as need to scan it in. The POC is on post no. 8 of this thread. Will post up defence submitted in the next 2 hrs. Thanks
  11. Thanks CreditCardMug, been trying to phone the court to see if I can have a few days grace in lieu, but permanently engaged!
  12. Some other info. CCL didnt provide a Notice of Assignment when requested, however I have been paying a small amount to Barclaycard by S/O each month. I read somewhere that without valid Notice of Assingment, or even with, if you make payments to the original creditor, that the debt reverts back to them. Should I mention this in 'Other Information' ?
  13. Update - received Acknowledgement from court for receipt of defence, then nothing. Now received Form N152 (1 page only) notifying moved to local County Court, with a copy of the Allocation Questionnaire to be returned by 30 MARCH!!. The Court took 5 days to post it out from date of issue (postmark on envelope) sent it 2nd class, and it arrived whilst I was away for a few days.!! Have read CreditcardMugs thread, but not sure what to do. CCM received form N150, but I have not received, should I have been sent it? The only form I have to fill in which I will have to take to the Court on Monday is N149 AQ (small claims tracks) (04.08). I am not sure what I need to do. Firstly I would like to to change the location of hearing (B) as the court they have transferred to is in my postal code area, but is not the nearest or easiest for me to get to. I have ME and tire easily and get mentally fatigued and would like to reduce the stress by transferring to a court in an area that is familiar to me and easier to get to. Would this be considered a valid reason? Not sure about C Track, I think the answer is yes? E -Experts, do I want to keep this open with a Yes? G - Other Information - What should I put in here? for example, Ihave had no response from CCL to CPR request, except to say they dont need to provide the information. Do I request an order/judge directions for them to comply with this. Please can someone help, I am trying to read threads but not getting very far in knowing what to put on this form. All help much appreciated
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