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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Tax Credits Review regarding income details, so so scared

sososcared

By sososcared
in HMRC

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ErikaPNP

ErikaPNP

Posted
Posted

You can do either. There has been a lot of these lately as HMRC are cracking down. Of everyone who has had the same letter that you have had, there has been an adjustment of their award and they reclaim the overpayment from ongoing tax credit. Of the people who have phoned tax credit to explain, they have been pleasantly surprised at how easy it was for them to do. Have a look at some of the past tax credit threads on this issue, and you will see that this letter is common and isn't something that is going to land you in prison.

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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

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ErikaPNP

ErikaPNP

Posted
Posted

Stop panicing. Go back and read through the responses on this thread. Then read other threads about people who got the same letter as you. They will adjust the award and reclaim the overpayment from the ongoing award. They are interested in getting back the overpayment, not in crucifying you. Go and have a read of the other threads similar to your own. You will see other people who were just as scared as you are now, and what the outcomes were.

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.

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ErikaPNP

ErikaPNP

Posted
Posted

IUC is extremely unlikely. There are others who have posted similar issues. Some have outcomes and some do not. People don't always come back to update their threads. I haven't had that particular letter personally but I have dealt with 6 people who have at the latter part of last year (I help people with their benefit claims) and out of everyone I've helped who have had that letter, there has been no further action other than adjustment of the award and the overpayment recovered from ongoing tax credit.

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
Were they as seriously messed up as mine?

 

Some were worse. I can't get into details as the ones I am referring to are not on the forum but I will say that one had underdeclared three times as much as you have.

 

Just to add to katsayce's excellent advice, I'll point out that stopping the award to reclaim the money is not standard; it depends on each individual case. Some awards are stopped, most are just reduced.

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
I think mine will be stopped due to the fact my daughter will be leaving full time education in about 18 months and my tax/child credits will stop anyway...

 

No, that's not how it works. It's only when you are just entitled to the family element on its own without the added child element(s) that payments can be recovered at 100% and the award stops - even then it's 'up to' 100%, they won't always stop the award completely.

 

When if your tax credit has a reduction applied due to your income, they will recover the overpayment at no more than 10% of your ongoing payment. In all other cases, they take it back at 25% of your ongoing payments.

 

If tax credits end due to loss of entitlement, they still pursue you for the amount - they just can't take it off an award.

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
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Maryj's compliance review is looking at something entirely different to yours, so it isn't dealt with in the same way.

 

You are not required to provide any information unless you want to do so voluntarily. Yours is an 'income enquiry' by the compliance team, which is fairly straightforward.

 

Maryj's is a compliance 'examination' which means that they needed her to send information to them to review her entire claim.

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

If the income that they have stated they hold for you in the letter is correct, you do not need to contact them, they are not requesting disclosure. Only contact them if the income they hold for you stated in the letter is incorrect, or if they contact you later asking you to provide information.

  • Haha 1

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
If it says in the letter that it is about income for 2011 then just give them what it is for this year as they have not asked for anything else so don't assume they have it wrong for past 3 years.

 

Good luck with it and keep us posted

 

x

 

As I said earlier, you do not have to contact them, or give them anything unless they ask for it or you disagree with the income figure they say that they hold. Maryj, I know you mean well but please do bear in mind that sososcared's case is very different to yours; it's an entirely different type of enquiry. Benefit issues are never a one-size-fits-all. What is applicable in your case, is not necessarily applicable in another tax credit case. The wrong information, however well meaning can be extremely damaging to a person's case.

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

Sososcared - I had thought you agreed with their calculation but if there are other years involved that are not on that letter, then you do need to declare that. If you don't and they find out later,(and they will eventually via their data scans) they will take a more serious stance on the fact that you are now aware and should have declared the previous years when given the opportunity.

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

I bet you feel a huge sense of relief, well done.

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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