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    • Include that in your witness statement along with that letter as an exhibit.
    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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    • 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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      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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Tax rebate deadlines


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Morning,

 

This year is my first time self employed and first time doing a tax rebate form (online) I've searched for deadline's which seems to be October 2013, but most people are doing them after 5th April. Does this mean that it can be filed anywhere in between these dates?

 

Thank you.

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Assuming you will be preparing your first accounts from the date you became self employed to 05.04.13, this return can be submitted online at any date up to 31.01.14.

 

Paper returns can be submitted up to 31.10.13. If by 'tax rebate form' you mean self-assessment return of course.

 

Im not being funny, but if you dont know this kind of stuff, try and find yourself a small acccountant who will charge you around £100 for the return, or £250 for return and accounts. Any half decent accountant will save you more than their fee, and you have the knowledge it will be done properly.

 

Online filing means rebates come out quite quickly these days - as long as there are no obvious errors on the forms.

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Thank you both.

 

It is true, I am confused by it all. But awaiting my gateway pin so I can see what I'm dealing with. I'm self employed under a subcontractor so some of the questions I'm not sure about i.e (Profit) , are these one-off accountants pretty decent then?

Edited by Anonuser
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CIS subbies are a nice easy job for accountants to do ( I do dozens ) - the trick is to find an advisor that doesnt charge the earth and gives a friendly personal service.

 

(and no Im not touting for work as you really must meet an accountant face to face.....you need to develop a good working relationship in the same way you can trust your doctor or solicitor).

 

The trick is knowing exactly what you can LEGALLY claim in expenses. Quite honestly you can put any old nonsense down on a return and chances are it will get processed, HOWEVER god help you if you are then investigated 1,2 or 3 years down the line as you will be clobbered for tax, penalties and interest.

 

Dont let an accountant kid you that the job they are going to do is massively complicated....it wont be. However try to meet them half way and get your expenses receipts for things such as tools, motoring costs, mobile phone etc into some kind of sorted order. If you dump a bag of crap on an accountant, dont be surprised when you get a hefty bill.

 

Also if you cant settle your accountancy bill when the job is completed, you may be asked to sign your refund over to the accountant, who will then receive it, deduct his fee then send the balance to you. MAKE SURE you get a written quote for the work (so you know your refund wont magically shrink), and make sure they are reputable so you know they will forward your money.

 

A decent accountant will take your bank details, so that they can BACS your money very quickly after receipt.

 

 

Hope this helps

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I do a lot of CIS subbies and £250 is the fee I would charge for the job.

 

The trouble is I would prefer to get my hands on you before you start trading. That way I can point you in the right direction especially on how to claim expenses.

 

The most important expense for a subbie will tend to be motor expenses. I imagine that you have a bag full of petrol bills. However, you will claim an higher level of expense by claiming mileage allowances instead. Unless, you can re-construct what journeys you have made during the year, then it will be too late to use this method.

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