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    • Thank you 😊  Just wanted to prepare myself mentally incase they pull out some rabbit out of a hat with these bodyshops as they will most likely be places they've used regularly in the past and over 150miles away from where I am.
    • I see the Brexit-ish are again delaying  implementing their 'grate deal' 'protecting the UKs borders' that they pressed through with the wholehearted support of MPs like smugg - who is now one of the main moaners saying this inflation raising and business destroying 'great deal'  shouldn't be implemented. Of course 3 of the benefits of NOT implementing the Brexitish grate deal as the Brexitish negotiated are:   1. Less UK businesses will collapse 2. UK inflation NOT increased by 0.6% (hence fiddling the figures to us scraping NOT being in a Brexit generated recession) 3. The problems will be dumped in labours lap after the GE   "Analysis by specialist credit insurance firm Allianz Trade said the removal of tariffs on the goods would reduce inflation by 0.6 percentage points, and cut import costs by close to 7 billion pounds ($8.8 billion) in nominal terms."   reuters.com WWW.REUTERS.COM     https://www.reuters.com/world/uk/uk-economy-grows-by-01-february-2024-04-12/   Rees-Mogg warns post-Brexit border charges could be inflationary WWW.THELONDONECONOMIC.COM According to reports, Britain faces a £2 billion post-Brexit bill on European food imports from the end of the month.  
    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      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.
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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 credit overpayment - Recovery by HMRC


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Hello all, just joined the site, so I'll give it my best shot, please be patient!

I have suffered with an on-going Tax credits dispute with HMRC since August 2012. I feel I have quite a good case, as they acknowledge that I told them of my change of circumstance during a call to them late March 2011. At this time, I started employment after being out of work for 2 years following redundancy. They did not take any action after I informed them of my change of circumstance (I gave them new hours worked, salary etc). I received a provisional award notice a couple of weeks later, which apparently did not include my new salary details, but I paid little attention to it as I'd already told them of my changed circumstances. I trusted that since I had informed them a couple of weeks earlier, they had all of my relevant & up to date details, & must know what they were doing. (I had very little to do with these people previously, how wrong I was!!)

 

They are now hounding me for repayment of many thousands of pounds, & I have got nowhere through their dispute process, despite my MP being involved.

 

The case is now with the Adjudicator's Office, but still HMRC continue to send ever increasingly threatening letters demanding repayment, despite the Appeals Process not being exhausted, as per their own COP26.

 

I have sent in numerous letters of Complaint to them, rang them, tried to get my MP & the Adjudicator's Office to contact them, but they refuse to halt the recovery process. The last letter received from HMRC indicates that they will start a recovery of possessions action if I don't put in place a repayment plan, which would be refunded should my appeal be successful.

 

Should I hold my nerve & just continue to send in letters of complaint about the recovery, or put a repayment plan in place with them? I feel that by doing this I am admitting some guilt, of which I have none, & that they are totally going against their own COP26.

 

Can they actually start a recover of possessions process with an appeal still in place?

 

Any further help or advice you can give would be very much appeciated.

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By your own admission you didn't check the paper work so whilst HMRC made a mistake you are not absolved of sin because you didn't do what could be reasonably expected of you.

 

If you stopped using Sky for instance and they didn't cancel the DD would you expect your money back?

 

I would set up the repayment and await the outcome of the Adjudication. There is no admission of guilt in this.

Edited by citizenB
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How much did the income on the provisonal award notice and your final award notice differ by?

How long between the provisonal award notice and you/HMRC notice the income not being taken into account?

scotgal 

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?? What do these symbols mean please?

 

They're HTML codes that seem to have ended up in the post by mistake.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I gave the LA everything they asked for, including a works contract with hours & pay details on, they still managed to over pay me for 2 years, like you I had been unemployed previously, in fact I had been on income support raising children for 10 years so had never claimed benefits whilst working.

I still had to pay it all back, because I didn't check the award paperwork (I questioned it, but only on the phone & was assured it was right)

I would still advise someone to fight it though. What have you got to lose.

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How much did the income on the provisonal award notice and your final award notice differ by?

How long between the provisonal award notice and you/HMRC notice the income not being taken into account?

 

To be honest, once I told them of my change of circumstance, I foolishly presumed that anything they sent me took all of the changes I informed them of into account. All subsequent notices from them just looked like longwinded mumbojumbo. As I had littlle/no previous dealings with these people, I misplaced my trust in them that all was ok after I had 'done my bit' & kept them informed of any changes, as was expected of me.

It looks like the income difference between provisional & final notices was some 38k.

It only came to light in August 2012, when they sent me a very large bill, some 16 months after the original provisional award notice.

 

I received a CD of calls I made to them, but the one where I told them of my changes had conveniently not recorded 'due to technical reasons'. They did, however, accept that I did make the call, & inform them of my change of circumstance.

 

I also notice in their COP that there is something relating to 'exceptional circumstances'. My wife, (joint award), has been fighting aggressive breast cancer throughout the ordeal, which has certainly had our minds focussed elsewhere.

 

My overiding concern at the moment is that after the most recent threatening letter from HMRC, is that we could get a knock on the door from the repossession people, as they have threatened in writing, when we have not yet exhausted the appeals process? Surely this is just plain wrong.

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