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    • I know it was over a year ago, but can you remember what you purchased and the name of the shop?  Even if you paid by cash, purchases can still be tracked down. 
    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
    • 100's of no stopping threads here  just use our search top right   get reading up.    
    • plenty of our two - five line generic defences here already   but you are far too early yet to bother about defence.   your job now is to get reading up any/all PCN claimform threads here in this very same forum get upto speed.    
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Petrified2012

Tax Credit Review letter what happens next!!!

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Hi

Recieved a letter from HMRC last Saturday saying that my tax credit claim for 2011/2012 was under review..Basically i've been extremely foolish and very sorry for what i've done..My husband left me in May 2010 for approx 4-6 months he was having an affair..So i claimed as a single parent which i was,but we never changed bank accounts,mortgage and all his mail was still being sent to my address..The affair didn't last long and to cut a long story short he moved back in with me.. A few months before my husband left me i had a nervous breakdown and i'm still on medication for it now..I know i should have let HMRC that my husband had moved back in but i was so frightened that the money worries we had would make me have another breakdown..I'm so frightened of what will happen next i've phoned the number on the letter for 2 days and spoken to numerous people who said they would make a note on my file that i've rung them..I've written them a letter to tell them why i've done this, how sorry i am, and willing to pay every penny back to them..So frightened of what will happen next can anybody help me i'm in a desperate situation...Thanks

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Hello there, welcome to CAG.

 

The most likely outcome is that HMRC will want their overpayment back. They should allow you to do this by paying it back in instalments. Given what you've said I would imagine it's highly unlikely that they will look to prosecute.

 

You can find a little more general info here:

 

https://www.gov.uk/benefit-overpayments

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Many thanks for the response really anxious to find out whats going to happen

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Hello there.

 

I'll move this to our HMRC forum, where people should be along to advise you on tax credits.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Nothing at all will happen, you'll just have to pay it back. Very unlikely to end up in court.

Seriously...

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Hi nothing will happen to you, i know because i had an incident back in Feb , which made me very ill with worry, dont worry and i mean that , you will have to pay any over

payment, and they will set up a payment plan.

You tell them what you can afford every month, no interest is charged, you wont go to court or prison, so please stop worrying and get on with things as well as you can.

Folle x

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Hi i'm wondering if you can help! Iv been informed by my childs nursery that tax credits have contacted them requesting information about my children etc. however I haven't received any compliance or review letters from tax credits to.say they are checking my situation. What will happen next? What do I do? Do I contact tax credits or just leave it? I can't understand how other have recieved letters and I haven't

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hi Gemziewoo

Try not to worry, i know it is hard, but like people have said, you will not end up in court, my letters took ages to sort, from when i got the letter in jan , i did not start paying back until august,

sit tight and you will get everything sorted.

take care

Folle x

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Thanks for your reply. Oh thats a long time.. Did u still get your weekly payments? They haven't stopped mine yet hope they don't as ill not be able to live! X

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no they stopped my payments , it took ages for different departments to get back to me, i have an old thread on here about tax credits did not believe that my daughters dad was living elsewhere and he was in london, but only renting a room, had no tenancy agreement etc, so ended up paying an overpayment back, i had to send in bank statements on all accounts , car documents, utility bills,

etc.

i wish i had appealed against it but this made me so ill, i just wanted it sorted. i paid a lump sum back and the rest in instalments.

have you sent anything in yet.

Just do not worry as it really is not worth it , easier said than done i know. folle x

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i did not have a child at nursery x

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Or rite mines just that they are checkin my childs nursery. I haven't sent anything in yet because I haven't even had a letter from them. I only know they are checking me becoz the nursery told me. X

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aah so you have received, no letters.x

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No but they called the nursery, so I phoned tax credits and thy did say a letter was on its way! I wonder if they ask for stuff with them already contactin nursery?? I dont understand it!

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sounds like your case was a bit different, they only stop it when they have asked for statements etc, and looked into things.

hope you get it all sorted soon. i know where you are coming from and this forum is brilliant for advice , helped me no end.

folle x

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Thanks I think what I need to do now is to wait for the letter and see what that says. Thanks for your help xx

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yes they will get in touch, do u think you have much to payback, reading different threads on here, they all seem to work out in the end.

any money you pay back no interest is charged , well wasn't in my case.

folle x

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Not sure I think I may have abit to pay back but I will have to wait and see. Im more concerned that they will stop my payments x

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they may not stop your payments, by reading alot of threads alot of them are partners that have parted but still have financial ties etc, i am sure you will be fine, for you it might just be a routine check x

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Hope your right, ill keep you informed what happens, gonna try and not think about it x

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Not sure I think I may have abit to pay back but I will have to wait and see. Im more concerned that they will stop my payments x

this is happening identical to me cant prove where husband was lodging....how much did u have to pay i think mine will be about nine thousand before any fine xxx sorry to ask a persoal quest

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hi i have replied to one thread, stop worrying , i know it is hard and i went through what you are going through this time last year and believe me it is not worth it,

when you receive your letters, just gather all your information and send it in , i dealt with an awful lady who i complained about, but reading some threads most people are fine.

HMRC will not prosecute you, tax credits etc , are not tough , all they want is their money back.

So please stop worrying, i dont know if you have read my thread from a year ago but you should, what i went through was not worth any of it.

I was in your position and you will get through it,.

Folle xx

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It hasn't been sorted yet but i will let u no wen i hear something xx

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im in the same boat going out of my mind xxx

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