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Found 13 results

  1. Section 216 of the Insolvency Act, 1986 Hi im not sure if this is the correct forum or not but wondering if anyone can help me please? I have had to liquidate my company which has cost me a small fortune. I want to trade in a similar name, which I know can be done by sending a letter/notification to each of my creditors and also placing the same in the London Gazzette. I have spoken to a solicitor who has quoted me £700plus vat to send the notices. Is this something I can do myself? Does anyone have a letter i could copy and send or is it bespoke? Also how do I go about placing a notice in the Gazzette? Many thanks for your time.
  2. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
  3. Hi all, first post. Just got a little question about CCJ defense response times. I filed my defence today (Sunday) online. Today is the last day I have for filing the defence. I should not of left it till the last day but I was waiting for a response from the claimant which only came the previous day. I had 33 days from the day of service in total to file my defence. My defence will not be processed by the court until tomorrow which will be the 34th day after the day or service. So my question is does the defence have to be processed by the court within the time you have to file a defence (in my case 33 days after DOS) or is it that as long as you have uploaded it before the time runs out you are safe? Thanks
  4. The following attachment contains guidelines on filing defaults with credit reference agencies. It was published in 2007. guidance_on_defaults.pdf These guidelines have now been superseded by a new set which apparently have been drafted by the credit reference agencies themselves but with approval and apparently "close involvement" of the information Commissioner. high_level_prinicples_document_final.pdf You can spot the difference because the original 2007 version is on information Commissioner headed notepaper and the information Commissioner claims responsibility for it. The more recent 2014 revised version contains merely a "foreword" by the Information Commissioner. Of particular interest is the clear difference in approach to disputed accounts. The 2007 guidance gives very clear directions as the steps to be followed when deciding whether or not to refer a disputed account to the credit reference agency file. The 2014 guidance appears to be completely silent on this matter. Although this important issue has clearly been deliberately excluded from the more recent guidance, you should remember that first of all – this is only guidance. Secondly, the original 2007 guidelines make it clear that the entering of a disputed account on to a credit reference agency file risks breaching the legal requirement of – accuracy. Although the subject of disputed files has been omitted from recent guidance, "accuracy" is still a lawful requirement for all entries placed onto credit files. This means that the steps which the 2007 document advises should be taken, are still relevant and we feel that where there is an account which is subject of a valid dispute – as per the 2007 guidance, that this should not be referred to the CRA's. We appreciate that this places some organisations in great difficulty because it must take a great deal of time and judgement to make the right decisions. However, we are also fully aware that many organisations are really quite cavalier about the status of disputed accounts and will even use the credit reference agency as a stick to beat troublesome customers with. If you feel that you have a marker which has been unlawfully placed on your credit file because you have a valid dispute – such as a mobile phone provider failing to carry out their side of the bargain, then you should read the two guidance documents above – and keep the 2007 version very much in mind. Just because the 2007 version has been revised, it does not mean that it has no validity.
  5. My husband asked for a ccj to be removed as he had no idea what the ccj was for upon going to court it was with hoist for an old abbey loan they didnt attend but sent a letter requesting it to not be removed on the grounds a payment was made in 2012 which i have no record of she said they would need to send the particulars and prove the £20 payment or its statute barred. After hassling them we recieved the particulars but have no idea how to file my defence. The Pc1 was the origional agreement between him and Abbey. The 4 main pages of particulars are attached please someone help
  6. HP Mum

    HMRC issues

    I filed 13-14 accounts late. I paid £100 penalty in the summer. Normally I receive a letter of acknowledgement of receiving my return and whether I have any tax to pay a few months after filing. I didn't hear from them so I chased in Sept/Oct - when they said there had been a processing problem with a bunch of returns that came in around the time mine must have arrived. Last week I just received notification that I had £0 tax to pay. Yet this week I received notification that I had £1200 penalty to pay. How can this be? No tax; yet such an enormous penalty. I don't have any 'valid' excuse for being late. And I don't have enough £s to pay it either. What can I write to ask them to waive such a huge penalty?? Any kind of advice is welcome, thanks...
  7. Hi , I am new to the forum , i need help regarding filing a defence against Lowell portfolio 1 LTD and BW legal is acting as a legal representative for Lowell.I received a Claim form on 08/09/2015 and have acknowledge service on 14/09/2015 through the moneyclaim.gov.uk portal. Particulars of the claim is : The claimants( Lowell Portfolio ) is for the sum of £446.09 being monies due from the Defendant to the claimant under a Home Shopping agreement regulated by the consumer Credit Act 1974 between the defendant and Shop Direct Finance company limited under account reference XXXXXXX and assigned to the claimant on 22/12/2010 notice of which has been given to the Defendant.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claiim also includes statutatory interest pursuant to section69 of the county courts Act 1984 at a rate 8.00% per annum ( a daily rate of £0.10 from the date of assignment of the agreement to 22/12/2011 being an amount of £36.60 As i dont remember taking any goods under home shopping agreement from Very i have served a CPR31.14 request to the BW legal and Lowell through Recorded delivery of which they have acknowledge recieving the request on 15/09/2015 and have cleverly wrote me on 16/09/2015 saying "We Will seek to ensure that the information you have requested is provided as soon as possible,however this is contingent on receiving the documentation from your original creditor". The CPR31.14 request content i have wrote to both parties Lowell and BW legal is pasted below: Template removed I NEED TO FILE MY DEFENCE SOON AS POSSIBLE TO THE COUNTY COURT BUSINESS CENTRE( NORTHAMPTON) PLEASE CAN SOME ONE KINDLY HELP ME WITH THE CONTENT TO FILE A DEFENCE .
  8. I have just had a letter from a firm called Apex who tell me they are working for HMRC demanding I pay for late charging fees for tax year 2004 / 2005 /06 This is was orginally resolved , so I thought, with HMRC in 2007 when I slowly pointed out to them that I was not self -employed during that period and they even knew that I wasnt self employed and admitted it. Now they are off again demanding over £400 from me through Apex , part of Cabot Credit Management. Is this caim, even though it is false, statute barred ?
  9. Hi, In 2014, I filed tax returns for 2008/09, 2009/10, 2010/11, 2011/12 and 2012/13.... Yep, I know I was stupid but at least I'm clearing my conscience and paying them every last penny (last £30k to pay in a few days time through family loans and selling a property). On a self declared basis, I owed them £38,000, now £48,000 with charges for late filing. Until I filed, they had no idea how much I might owe them, they never sent any estimates etc, just letters saying I needed to file. They seem happy that the amount I've filed for (done by an accountant on my behalf). I was told that as the amount owed is a "declared amount" I can't "negotiate" any of the charges. Does anyone know if any of the charges can be challenged and if so on what basis? (not using the rip off accountant any more so can't ask them) Thanks
  10. Hi there, I work as a self employed graphic designer and have done for 5 years now. I did some website designer for a website developer and this was completed to his brief 2 months ago. When I sent him the files (screen visuals) to look at he acknowledged receipt of them and also acknowledged that he was really pleased with the work and that all his fellow band members (it was a website for a band he's in) also liked the website design and that he would get back to me over the next couple of days with a "few amends". I waited and waited and then 2 weeks later chased him on the amends. He apologised he was taking so long and would get back to me over the next couple of days. He never did. So i chased a week later etc etc and this has now gone on for nearly 3 months. I then invoiced 2 weeks ago and emailed him and said that he's left me with no choice but to invoice for the entire job as the work was completed to spec. He promised to make payment within a few days and, of course, he didn't. My invoices always have a 2 week payment term on them. When this was reached I chased him again and told him he leaves me no option to take further action to recover the debt. He replied saying that I can't invoice him for work that is incomplete upon which i pointed out that it is only incomplete due to him not returning to me with the"simple amends" and that it is his actions (or lack of actions) that is obstructing the job completion. Even though this is only for a few hundred pounds, to me, it is the principle of it all. As a self employed person some companies try to pull the wool over your eyes and try, at times, to skip payment. On principle I'm willing to drag him through the courts. I'm a stubborn arse. My question is really to ask for your advice. We had no contract, but there must be a level of fairness that comes into play in the courts. All the work, briefing, and quotes and communication is by email so I have that as evidence against him. Even the emails that acknowledge he's happy with the work done and also the email that acknowledges he owes money and has made promise to pay it (even though he didn't). Do you feel that nearly 3 months of waiting on him and chasing him is fair to say "enough is enough" and file a CCJ with him? (I try to justify it by saying to myself that if it was a decorator that was hired and painted a full house and has so far waited 3 months for the homeowner's feedback and payment, they would surely have sued by now!). I do feel this guy has no intention to pay or just play games. Many thanks! Katy
  11. My small ltd company has been hit with a hefty penalty charge for late filing of accounts which it is unable to pay since it has effectively stopped trading as bank closed accounts over longstanding dispute and offset available funds to reduce overdraft. CH passed matter to DCA to collect payment, I told them business wasnt trading, had no income or assets (only me) and therefore couldn't pay. DCA has now instigated proceedings against company at local CC for payment of penalty charge with costs, even though I had written to them explaining that it was a pointless exercise. Can anyone offer some advice as to how to deal with this, I'm a bit concerned that DCA threatened that once they got a CCJ, if they couldnt get the money from the company they'd expect me to pay!
  12. http://blogs.telegraph.co.uk/finance/ianmcowie/100018627/taxman-gets-a-bloody-nose-in-court-but-630000-people-face-deadline-this-month/
  13. Hope i've got the right area to post this! i have been researching endlesly and would like help on filing a UCC1 to give me power over any creditors and mortgage company which will give me 1st charge on my property....ALSO help if anyone knows about filing a land patent?? many thanks
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