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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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HMRC - demand for repayment


dave
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Hi all,

 

I had a letter from the inland revenue some months ago about overpayments of child tax credit - the letter stated that they had written to me before about this issue.

 

I ignored it, as I just assumed that as usual it was yet another govt. department cock up (which it certainly seems to be).

 

The thing is, I have never had a letter from them, and I don't even claim child tax credits - I'm probably not even eligable for them. In fact, I would have thought that they were paid to the mother of children (I seem to remember something about this on the news a few years ago).

 

I've just had another letter from them getting really sh***y with me and demanding that I phone a phone number that is NOT free, nor charged at normal rate.

 

I refuse point blank to phone them - I don't see why I should pay to tell them that they have cocked up yet again.

 

I was actually quite disgusted by the heading on the top of the letter - "HRMS Child Tax Credit Overpayment Dept."

 

Wow! They cock up so much in one particular area that they actually have a department to deal with it. Incredible.

 

So, not really after advice - I intend to continue ignoring it - just wanted a rant.

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Probably is HRMC.

 

I don't see why I should waste my time writing back to them to be honest.

 

I haven't had any money from them, and their records, should they actually be bothered to check will show them that.

 

I really do not like entering into correspondence with any department from the governement - once you do that, they've got you.

 

I'll be bombarded forever more - probably subjected to tax audits, more jumped up charges, be forced to phone them and put in never ending queues on the phone, have to complete huge tax forms each year etc...

 

No, I think the best bet is to leave them well alone.

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Trouble is that they won't go away. If they have started, however mistakenly, to get you in their sights, although they may be slow, they will not stop. In my experience always deal with HMRC immediately - otherwise they can, and many people I have dealt with in the past will confirm that they do, just roll over you and you'll find that you're telling them they have made a mistake in your response to their bankruptcy petition.

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Yeah, maybe you are right.

 

However, I'm due to move soon, and I am hoping to take a couple of years of work, so they'd have a hell of a job finding me ;-)

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He he Dave, not being around won't stop them either!!

 

What people should always remember about HMRC is that they never have to prove the debt in any court proceedings (that's certainly true about tax anyway and I expect the same about overpayments of benefits).. They only have to produce a certificate to the court that an amount is owing and the court is obliged to accept this as evidence that the debt exists and is outstanding. Even if they're wrong leaving it to that late stage is like that King on his throne telling the incoming tide to back off!

 

And don't forget that they can proceed against you as long as they have your last known address.

 

You don't want to come back to an old rotten fan covered in sh*t after your break now do you :)

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Ok, point taken. I'll write to them.

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Dave

 

It seems to me that you might be a victim of Fraud. If you know you have never claimed tax credits then I would more even more concerned. I have read so many stories about tax credit fraud, it's happening to lots of people who have never ever claimed for them. Please check out this site

 

http://www.taxcreditoverpayment.pwp.blueyonder.co.uk/

 

Here you will find guidance on what steps you must take to dispute this overpayment. My advice would be to save your writing for the dispute form, they don't respond to written letters.

 

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