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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
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    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
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please someone help me


honey5
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where do i go what do i do? this has got me ill

i recieved a letter from HMRC yesterday saying they are looking into my CTC the thing is there is an over payment, i m a single mum with 3 children two were on DLA the daughters ended and i rang them (they have no recollection of this tho)

this year when the renewal came thru i just signed and sent it back, there were no changes to my circumstances so i didnt check it (more fool me) id just lost my grandmother then 5 weeks later my mum and head wasnt working right unfortunately,

ill have to pay it back obviously and realise i was at fault but what will they do, will it have to be paid in one go (as i dont have it) will they stop any tax credits (we wont be able to live and will end up having to sell the house so i can feed the kids) im just so lost honestly ive never been thru anything like this before in my life

this letter is dated the 21st nov 2007 but they want the info bank statements mortgage statement phone bills all house hold bills et sent too them by jan 5th 2007

thanks in advance

 

 

honey x

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I have absolutely no knowledge of tax credits or the fiasco sorrounding them. I do know enough to know that having to consider selling the house (presumably with nowhere else to go) to feed your 3 kids 2 of whom are disabled is not right and you should immediately contact your local CAB as well as welfare rights.

 

I'm sure someone who has been through the tax credits before will be along to advise further.

 

You mention your daughers DLA ended, is she still disabled? If so why was the award taken away and have you appealed/reapplied?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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Honey if you are on full tax credit they can only reduce your award by a maximum of 10% to reclaim overpayments.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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How are you at fault if you told them of the change? Stick to your guns about this.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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the twins were born at 24 weeks and spent the first 6 months in hospital before they came home, there after they were, if not one both in every other week for the next 4 yrs with various problems, my daughter has been least affected but has chronic lung disease and a global developmental delay but due to her ability to learn, didnt get her DLA renewed after 10 yrs of recieving it, yes i wrote to them too appeal but never heard anything back at all, her brother on the other hand is autistic due to prematurity and has multiple problems

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i m a single mum with 3 children two were on DLA the daughters ended and i rang them (they have no recollection of this tho)

 

If you rang and told them of a change, then this in the Financial Mail today (Sun 25/11) may be of interest.

 

My wife and I were allegedly overpaid child tax credits and face demands to repay over £500. We appealed saying that I had kept Revenue & Customs informed of changes in our circumstances. I used the Freedom of Information Act to request a copy of recording the Revenue had made of my phone calls - it sent me a cd.

 

(Abridged version of the reply)

But here's a funny thing. The CD you were sent held recordings of three calls from you advising tax staff of changes to your income. Yet officials told me: "There were seven calls requested altogether, six of which were traced and one unfortunately not."

So what was in those missing conversations? Were they calls from you telling the Revenue your income had risen?

The Revenue has been unable to offer an answer, so I think you should appeal to the Adjudicator - the ombudsman who investigates tax complaints.

 

_____________

 

Not sure if it is of any assistance to you Honey, but if you did tell them about a change and they say they know nothing about it then use the Freedom of Information Act as the above reader did and get a copy of your calls.

You can then do as advised as well and appeal to the ombudsman.

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thankyou my heads all over the place right now, this is an awful situation to be in really it is and i wasnt sure where else to go really with it being a weekend, ive done nothing but be sick literally since the letter arrived yesterday, but if they leave us with nothing ill have to claim bankrupcy as cant aford on my wages the mortgage or anything else for that matter

thanks again x

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Your not on your own with this Honey, probably half the people receiving credits have had a letter like this at some time.

As Goldlady says - they can only take £10 out of every £100 you receive to take back the overpayment, that is if they have overpaid you.

 

Write to them and challenge it.

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Don't blame yourself for all this. These are supposed to be professionals and yet they make error after error and never seem to learn, or is it never seem to care.

You must ring them in the morning and see what they can come up with and then post it up here.

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I used the Freedom of Information Act to request a copy of recording the Revenue had made of my phone calls - it sent me a cd. (only the one?):D

 

Honey I am confused. Was the DLA paid with the tax credit money? I would have thought if her DLA was stopped you would get more tax credit and not less.

 

Anyway please don't panic - they cannot ask you to pay it back in one go.

 

 

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I had a tax credit investigation a couple of years ago - it was all done by post and a couple of telephone conversations and the girl who dealt with it was lovely. I had overclaimed (through a misunderstanding not because I was doing anything fraudulent) but I had no problem with them at all.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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no the DLA for the two were paid seperate to the child tax credit and hers stopped whilst his continued?

please dont tell me this is another cock up, it came from the DLA office although i did inform the child tax credit office at the time that they both were recieving it

the child tax credits went up because they did recieve was that not right too? please dont say yes this is bad enough to get my head around

x

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I don't know enough about DLA Honey, but if you do get more child tax credit because of the DLA then surely if you lose one of the DLA payments, whilst you might lose the extra bit of the child tax credit, your overall family income has gone down so this should be made up by increasing your tax credit. I may be wrong but I hope I'm not:p

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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i just dunno whats going on my OH used to fill everything in before he left, and i rang them to complain that the money they were throwing at me wasnt mine as it went from £40 a month when he was here to £1000 and whatever, oh hell this isnt making me feel any better lol

thanks tho x

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From the Inland Revenue website

 

 

Recovery of overpayments of tax credits from other payments of tax credit

 

Tax Credits (Payment by the Board) Regulations 2002 Regulation 12A

 

Where the Commissioners for HM Revenue & Customs intends to recover an overpayment of tax credit from other payments of tax credit the following maximum rates of recovery apply:

  • where the only amount of tax credit to which the person is, or, in the case of a joint claim, the persons are, entitled, is the family element of child tax credit, 100% of that tax credit
  • where the total amount of tax credit to which the person is, or, in the case of a joint claim, the persons are, entitled is not subject to reduction—

  • because they are in receipt of a social security benefit (section 7(2) of the Tax Credits Act 2002); or
  • because their income for the relevant year does not exceed the relevant income threshold prescribed in his or their case in regulation 3 of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002;

10% of that tax credit; and

  • in any other case, 25% of the tax credit to which the person is, or in the case of a joint claim, the persons are, entitled to

Hope this helps

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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no im hopeless i dont understand any of it, ok i informed the DLA that we recieved tax credits, they said it had nothing to do with tax credits, informed tax credits that we recieved DLA they said well your tax credits will go up??

please help me here

im tax credit challenged obviously

x

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I have had a look at the tax credit information and you do get an extra £2440 per year if you have a child with a disability. I didn't know that. But you must stick to your guns that you told them. How many award notices have you had in the last year? I successfully argued against an overpayment a few years ago because I had received so many notices I had totally lost the plot and there was no way I could have known I had been overpaid. And I am an accountant:confused:.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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i dont claim my discount on council tax as thought that after the tax credits i wouldnt recieve anything, nor housing benefit nor anything else at all only the little ones DLA and my tax credits but seems ive done it all the wrong way

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You need to go and see a benefits adviser to make sure you are getting all the right benefits available for you. Our Neighbourhood Office as a specialist benefits adviser available, it may be worth you trying to see if your office has one.

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