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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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    • LilMissM
      Can I get a Cifas marker removed?

      By LilMissM · Posted

      Thank you fkofilee First question: what do I do if Monzo close my account? I need an account but no one will touch me with this marker against me. Is there anywhere/any other option that I have if Monzo close my account? MCB is My Community Bank?  Yes What Category of Marker do you have? This is what it says on the Cifas SAR: Application date: 07 December 2023 Date recorded: 09 April 2024 Expiry date: 09 April 2030 Cifas Case Identifier: 15435315 Product relating to the application, proposal, account or facility: Personal Loan – Unsecured Facility: Granted Case type: Misuse of facility Reason(s) for filing: Evasion of payment Financial Loss Value of Loss: £5000.00 When did you raise the complaint? Last night via email Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan? I can prove that I had to buy a new washing machine, I have my pay slips showing the emergency tax code and a letter from the tax office after I had spoken with them to get it corrected and of course I can get a copy of my vet bill. And all of this was in the first 2-3 months of 2024.  I panicked. Stupid I know and as you say, I have learned the hard way and I am not in any way denying anything that I have done wrong, but it just feels a bit unfair.  It is what it is I guess and if I have to have it on me forever then so be it. I am just so worried about the bank situation 😕    
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      If it is MCB    National Fraud Database Members | Preventing Fraud Losses | Cifas WWW.CIFAS.ORG.UK A range of organisations use the National Fraud Database to share data on confirmed fraud cases, preventing over £1 billion in fraud losses every year.   They are on the register  
    • fkofilee
      Can I get a Cifas marker removed?

      By fkofilee · Posted

      Hi @LilMissM   I guess you could call me our resident CIFAS Specialist - Personally have been through all of what you have and now have come out the other side when my marker fell off in May 2023. For a start Monzo may close your account but as I had a Marker for App Fraud (Vodafone ended up making a whole hoohah of the account I had with them) - I was with them and still am from Oct 2017 till today. And not once did they close my account. I actually spoke to a couple of current account providers at the time that I had accounts with - Nationwide and Barclays - Told them what was going on and provided all the evidence to them. They advised they may do so but it was highly unlikely now that they understood why it happened and what I was doing to fight it.    Anyway - On to your marker. MCB is My Community Bank?  I can say to you that on experience that On Monday you can be on top of the world then on Tuesday you whole life changes in a flash of an eye. Suddenly you cant pay your bills, Work isnt feasible and you are left with no other choice but to scrape by.  If this has happened to you, then join the club.  - Why is this important? Well Financial institutions get one whiff of potential fraud and you are guilty without a chance to respond. You found out the hard way   If it sounds like I'm waffling, I'm not - Its important to your issue. They have deemed you guilty by the fact that no payments have been made and potentially entered into a loan agreement knowing looking not to pay (Although thats how it may appear, there will always be factors against that)    First off - Questions - What Category of Marker do you have? If unsure, check my signature for a Credit File Guide which will tell you all you need to know about what Categories apply.  - When did you raise the complaint? They will have 8 weeks to respond. More on this in a mo.  - Do you have Correspondence / Audit Trails of communications showing that you were in severe financial strain due to an event AFTER you took the loan?   My next suggestions, Send this complaint to the CEOs office - CEOEMAIL.COM Let them make the decision as per the Complaint Procedure. Then if they refuse to remove the marker. take it to the FOS who can force the company to remove it if found in favour.  Some companies do need a slap or 2 once in a while to bring them down a peg. You could be looking at this right now.   
    • AndyOrch
      Appeal Bundles - Civil Appeals - Parcel Delivery Firms

      By AndyOrch · Posted

      Other case law relied upon " On other record of reasons "
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      Page 2 – document 10 and 11 – you should include the fact that it is a Law reform commission report. Best to give it its full name if you can I suggest that you move paragraph 10 up to the first position – paragraph 5 and move everything down. I think other than that – it is good to go. I suggest you don't bother to do any more drafts. Simply rearrange the paragraphs as I suggested above then the title of the documents that you are relying on in the index page. Send it off and post your final version here so that everybody can see. I'm sorry about the delay. Thanks for reminding me

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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.

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      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.

Inheritance tax

cosmic gateway

By cosmic gateway
in HMRC

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honeybee13

honeybee13

Posted
Posted

Hello there.

 

I'll move this to the HMRC forum and also see if I can find anything online. I think I'm right in saying [not sure] that if the value of the house goes up while you live there you might be liable for capital gains tax, but maybe you could tell us a bit more about the situation please?

 

My best, HB

Illegitimi non carborundum

 

 

 

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cosmic gateway

cosmic gateway

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my dad has left me a house he bought many many years ago, it is in a very beautiful spot and has been valued as a house for IT purposes. I was told by a friend if I live in the house for two years I only pay the IT on the current valuation then after two years if it goes up in value I dont have to pay IT on the increase in value when I sell it. The problem is IT value the House and I pay the IT, but the plot the house is on will be worth more than the house so I would sell it as a plot not a house. I have chronic arthritis so I am trying to get as much financial support for myself for the future. We are basically ordinary hard working people it is just that my dad bought this house many moons ago and the area is now very sought after. I know I have to pay IT, before the house belongs to me, but once mine what do I do about the increase in value if sold as a plot not a house. Do I pay more IT on it or capital gains so confussed need help. And how long do you live in it to just pay capital gains if it is my main home.

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honeybee13

honeybee13

Posted
Posted

Hello again and thank you for the extra details.

 

It might be easier to take this in stages if that's OK with you.

 

Am I right in saying that your Dad has left you the whole of the house? Did he leave anything else in his will and what was the value of his estate? Are there any other beneficiaries apart from you?

 

HB

Illegitimi non carborundum

 

 

 

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honeybee13

honeybee13

Posted
Posted

Yes, I would say that probably is right. I was going to ask next if your Mum's allowance has been used. Was it definitely £325k? I can't remember if you need to use a historic figure.

 

Are you saying you disagree with paying the tax over and above the £650k figure?

 

HB

Illegitimi non carborundum

 

 

 

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cosmic gateway

cosmic gateway

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No got no problem with the tax at all and it will be paid what I was told was if I live in the house for two years after probate being settled, I dont have to pay IT on the increase in value if I sell it as a plot, want to know if that is correct and do I then pay capital gains when it is sold as it would have been my only home for two years, as I would give up my rented home, and you dont pay capital gains on your only home do you when you sell it ??

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honeybee13

honeybee13

Posted
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I'm not sure what you're asking, but my understanding of IHT [inheritance tax] is that once it's paid, it can't be charged again.

 

After that, if you don't live in the house I think that CGT [capital gains] could be due, but my knowledge is rusty.

 

Yes, I understood that CGT is not due on the increase in value of your principal residence.

 

HB

Illegitimi non carborundum

 

 

 

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honeybee13

honeybee13

Posted
Posted

This is what the HMRC website says about selling a principal residence. I'm not sure what your 2 year figure refers to, can you elaborate please?

 

What is Private Residence Relief?

 

When you sell or dispose of your own home you won't have to pay any Capital Gains Tax if you satisfy two conditions. For the whole time you've owned it both the following must apply:

 

  • it's been your only home or main residence
  • you have used it as your home and nothing else

You may qualify for this relief if you sell part of the garden without selling your home at the same time.

Illegitimi non carborundum

 

 

 

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cosmic gateway

cosmic gateway

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Yes thats my problem some people say IT cant be charged again and others say if the house increases in value when you sell it and you have settled probate the inland revenue can come back to you for more. i.e the increase. All I want to do is get myself a bungalow and im so confussed about IT and what they can or cant do.

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honeybee13

honeybee13

Posted
Posted

Hello again.

 

As I said, my understanding is that IHT [iT to me is income tax] is only paid once. I thought any increase would be subject to CGT if it wasn't your main home, or possibly for the parts of the time you owned it when it wasn't your principal residence.

 

I believe that once you become the owner of the house, no more IHT is due, any tax that might be payable would be based on your own tax situation.

 

Have you read the HMRC website? It has all the information you might need if you take the time to look.

 

I've also tried to find some help for you from someone who may know about tax. Who has given you advice so far please?

 

HB

Illegitimi non carborundum

 

 

 

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James67

James67

Posted
Posted
I am told I pay IT over 650k as got dads allowance 325k and carry mums 325k on as he never used mums when she died so 40% over 650k so 40% on 350k to pay ?? am I right?

 

Your correct to an extent but depends on when your mother died...

 

The thresholdcan only be transferred on the second death, which must have occurred on orafter 9 October 2007 when the rules changed. It doesn’t matter when the firstspouse or civil partner died, although if it was before 1975 the full nil rateband may not be available to transfer, as the amount of spouse exemption was limitedthen. There are some situations when the threshold can’t be transferred butthese are quite rare.

great guide to IHT.. http://www.pocockrutherford.com/pdf/guide/IHT2011.pdf

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cosmic gateway

cosmic gateway

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One other point not clear on is CG/ CT I am going to buy a little bungalow where I live. I have read the IR helpsheet on CG and I will move my main residance relief to my dads as they suggest it is placed on the property that is worth the most. I know I will pay capital gains on the bungalow Im going to buy untill my other house is sold (dads home ) and I then move my relief to my bungalow, do I pay council tax for both houses untill dads is sold ?. Regards Cosmic

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honeybee13

honeybee13

Posted
Posted

do I pay council tax for both houses untill dads is sold ?.

 

I believe there can be exemptions for empty properties subject to certain conditions. The CAB website seems to have some good information.

 

HB

Illegitimi non carborundum

 

 

 

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James67

James67

Posted
Posted (edited)
One other point not clear on is CG/ CT I am going to buy a little bungalow where I live. I have read the IR helpsheet on CG and I will move my main residance relief to my dads as they suggest it is placed on the property that is worth the most. I know I will pay capital gains on the bungalow Im going to buy untill my other house is sold (dads home ) and I then move my relief to my bungalow, do I pay council tax for both houses untill dads is sold ?. Regards Cosmic

 

Council tax is usally paid on all properties. however, discounts and exemptions do apply.

 

Firstly,

You may pay less Council Tax if you own or rent a property that isn’t the home where you usually live.

Some councils give furnished second homes or holiday homes a discount of between 10 and 50 per cent.

 

Alternatively,

You may pay less Council Tax if you own an empty property where no one lives.

Homes that have been empty and unfurnished for longer than six months may get an empty homes discount of up to 50 per cent.

 

Find out which councils give discounts here

Edited by James67
typo
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