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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Large Tax claim from HMRC re underpayment of PAYE - advice appreciated


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Hello. I was made redundant in June 2010, but due to long length of service and it being 'voluntary' it was a very generous settlement. The problem is HMRC wrote to me on January 31st this year to say that I had underpaid tax on it by £6,833.60. This was set out with a P800 form. The tax year in question is quoted as year ended 5 April 2011.

 

After speaking to them, they advised I go back to my employer and check with them as to how they based their calculations at the time of my final payment, and to provide breakdowns of this. I have written to them twice now, and have had no reply.

 

Obviously HMRC are keen for a resolution on this. I would therefore be grateful for any advice on how I should proceed. Having re-read my separation agreement, their is a clause in there that absolves my ex-employer from any problems that may arise with regards to PAYE tax claims from HMRC, which pretty much seems to rule out taking up any complaint with them. I am also a bit annoyed that it has taken HMRC this long to get around to notifying me of the problem.

 

I appreciate that at the end of the day the only advice may be that there is nothing I can do other make arrangements with HMRC to pay this amount. If so, please feel free to tell me that! What I would like to know particularly is how I can ensure that they are entitled to this full amount, and if there is any way for me to register a strong complaint over their delay in handling this (a delay which has caused me some frustration, and put me a bit in a hole regarding my current plans).

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Can I just confirm the following;

1) that the redundancy was in excess if £30k.

2) the payment was a "true" redundancy payment in that you were superfluous to requirements and/or the job no longer existed.

3) that the payment did not comprise any salary related payments such as transfer if company asset, holiday pay etc

 

Any payments below £30k are not liable as long as you can answer yes/no to question 2 & 3 respectively.

If the payment is more than £30k the excess is subjected to tax and NI

It is your employers statutory obligation to deduct the tax/NI, remit it to HMRC and record it on a P45

You could appeal against the P800 assessment on the grounds that your employer should have made the deductions and their failure to do so is a breach of the PAYE regulations and s401 ITEPA 2003 (ITEPA = income tax, earnings and pension act)

You can also throw in the delays by HMRC that you have experienced

Gbarbm

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Gbarbm - thank you for your reply. I can answer yes/yes/no to those questions. As I understand things, the problem may be that my ex-employer failed to correctly deduct PAYE at the basic rate for the year (at least that is the theory that HMRC have put forward to me). My P45 (part 1A) does not show payments or tax deductions in relation to my redundancy package - just my salaried pay and deductions from that.

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So it's the employers fault!

HMRC may prefer it if you pay it because it's easier for them of course, but the point is Your employer made the error so I would push that with HMRC.

There is some legislation within the PAYE directions which cover this point, I will try and find it and you can include it in your appeal letter to HMRC

Gbarbm

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Found it!

 

PAYE92060 - Reconcile individual: posting P14 to individual record: revision of employer’s returns

Employers are responsible for the operation of PAYE and must deduct the correct amounts of PAYE tax due. This means that you should always seek to recover any PAYE tax from the employer in the first instance.

It is recognised however that the first time an under-deduction is brought to your attention may be by contact from an employee themselves. This may be by receipt of an informal PAYE calculation or a PAYE tax coding notice.

In all cases of under-deducted tax you should follow SPD 60 and the guidance at PAYE92066.

 

Refer to this in your letter, you may still end up paying the tax but you may as well go down fighting.

HMRC will argue that you've had a gross and not a net payment.

You could counter argue with the fact that as it was normal practice for your employer to deduct tax from all the other payments you received from them, you had no reason to believe that this payment would be any different

Gbarbm

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  • 2 weeks later...

Having recently achieved victory on my own underpayment, may I suggest you look at using the Extra Statutory Concession (HMRC's ESC A19 - http://www.hmrc.gov.uk/esc/esc.htm) as another line of defence against these numpties.

 

ESC A19 basically means that if HMRC have been provided with the correct information, but have failed to use it for more that 12 months (which for the tax year 2010/11 means doing nothing until AFTER 6 April 2012), then the underpaid tax should be written off.

 

In order to make a claim for this, it must have been reasonable for you to believe your tax affairs were in order (in your case the fact that your PAYE was being handled by your previous employer, should work).

 

Making a claim If you think this concession applies to you, then you need to telephone HMRC on 0845 300 0627 indicating that you are making a claim under 'ESC A19'. You will need to provide the following information:

 

  • what tax year and underpayment the claim relates to
  • what information HMRC failed to make proper and timely use of and any supporting information
  • what date this information was provided
  • reason(s) why you thought your tax affairs were in order prior to receiving the Tax Calculation

http://www.hmrc.gov.uk/esc/esc.htm
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Thank you for your reply. Unfortunately they wrote to me in January 2012, so I do not think this will apply for me. I am currently drafting a letter to HMRC with the aim to send it on Monday.

 

Congratulations on your victory though, it does bring me some hope :).

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