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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      SJP letter from courts - Car tax fine

      By notodebt · Posted

      Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Payment not gone in today

jamieprec1979

By jamieprec1979
in Benefits and HMRC

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honeybee13

honeybee13

Posted
Posted

Hi Jamie. I think we need more information to be able to advise you properly.

 

I probably don't have experience of the benefit you're talking about, but someone will. What are you claiming please?

 

This overpayment, have you been sent details about it, like how they've calculated the figures?

 

I hope we can help. My best,

 

HB

Illegitimi non carborundum

 

 

 

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ErikaPNP

ErikaPNP

Posted
Posted
have rang and they have told me there arre dscrepency for income for tax yr 2009/10

 

I have given them the figure which is less stutorty mat pay is that correct?

 

Not exactly. The first £100 per week of SMP is disregarded, the rest is taken as income. Have you enquired whether they have stopped your payments entirely or just suspended payment of them? Have you asked if it is possible to claim hardship payments?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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jamieprec1979

jamieprec1979

Posted
  • Author
Posted

Hi and thanks for your reply, Well i think they are just suspended to be honest.Not too sure yet till i recieve the letter they sent me on Tuesday. When i called the helpline i was advised there was a discrepency in my declared income,and i will need to reply to the letter with proof.

What i did was deduct the smp Figure on my P60 from my gross figure and submited that as my earnings.

For example

Pay £15,557.77 less SMP £2443.26 IS £13,114.51

I have a letter from my childminder and am waiting for them to come back to me so i can visit my local Enquiry centre to see if they can pay some of the fees, i dont know if this is possible.I am worried sick as if i cant afford pay my childminder, a result would be i cant go work which will result in me losing my job.

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ErikaPNP

ErikaPNP

Posted
Posted

You local HMRC enquiry centre won't be able to pay any of the fees whilst your claim is under investigation. I strongly urge you to contact the department that is investigating your claim to see if there is any way you can receive at the very least your childcare element. Only the department which is investigating your claim can agree to put your claim (or any part of it) back into payment. Other areas of HMRC cannot get involved whilst a claim is under investigation. If the department say "no", explain the situation you will face without assistance with childcare fees and ask if there is a possibility of a hardship claim for your circumstances. Advise them that you have a letter from your childminder - they may agree to let you fax it to them from the local enquiry centre if there is a chance that it would help in any way.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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jamieprec1979

jamieprec1979

Posted
  • Author
Posted

Ok thanks Erika, will have to wait till i receive the letter and go from there. And on receipt i will ring the relevent department. Will post on any progress.Do you have any idea how long this could take and if income info is all needed would i be able to take my P60 into the local office to speed things up.

Thanks

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ErikaPNP

ErikaPNP

Posted
Posted

No idea how long it could take. There aren't any legal time limits on investigations of this kind. The letter will explain everything that they are after. Make sure that you place a covering letter in with anything you send them, explaining the dates you were receiving SMP from and to, and that you believed that SMP was deducted in full which is why you calculated your salary in the manner that you have. If you don't explain the SMP issue, they may take the whole whack into account as income. If it is made clear to them that it is SMP, they will apply the relevant disregard of £100 per week for every week you received SMP.

 

You can certainly take your documents into a local enquiry centre but whether they will accept them or not is another matter. With one of my checks, they were happy to but with another I was told that they could not accept them, I had to post them to the address given for returning the documents to.

 

If you do have to post them, make sure that you send it via trackable means so that you can obtain proof of delivery from the Royal Mail website. Similarly, if the local office accept them, make sure you ask them for a receipt.

 

Let us know how you get on.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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jamieprec1979

jamieprec1979

Posted
  • Author
Posted

Hi Erika,

I have received my letter today and it is from a Adminstration Officer, It basically says you told us your Income for 2009-10 was xxxxx and the details i hold about you shows an income of xxxxx.

What you need to do now

If you disagree with the information we hold please contact us by the 8th March to let us know the correct information and phone the number on the letter(which is the help-line)

If we do not hear from you by the 8th March 2011 i will amend your award with the information we hold.

 

Where do i stand now, it doesnt ask me to send any info into them and doesnt state anything regarding my payments going forward. As the letter has no direct number to the depatment it was sent from i have no way of contacting anyone regarding this.

Will they amend the award if i dont contact them and resume payment

 

Thanks in advance

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ErikaPNP

ErikaPNP

Posted
Posted

First I need to know whether you agree with what they have said.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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ErikaPNP

ErikaPNP

Posted
Posted

Phone the helpline and tell them that you dispute the figures because from x date to x date your income was SMP. I'd also follow that up with a letter to the address on the letter. Don't forget to outline your situation in respect of your childcare costs and ask if you can claim any hardship pending the decision

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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jamieprec1979

jamieprec1979

Posted
  • Author
Posted

Been into my local Enquiry centre today and they where really helpfull. They gave me a part payment of my monthly award to keep my child minder at bay for the next week and also he rang the department who was dealing with my case and he said i should of submited my Gross pay, so i had submited wrong figures. So i said i was happy for the award to be amend.

I was advised the payment hadnt come back yet and when it did the payment would have to be re-profiled! Does anyone have any idea of timescale of this? Or has anyone else had this happened or know what it invlolves.

 

Many thanks

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ErikaPNP

ErikaPNP

Posted
Posted

Did you make it clear that some of that salary was SMP?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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ErikaPNP

ErikaPNP

Posted
Posted

Just making sure you get that disregard applied so that you don't end up with a higher overpayment than necessary. I'm sorry but I have no idea how much longer it will take. Hopefully not too long, just keep at them.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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