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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Tax Credit Letter, scared please help!


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Hi, just wanted to let you know that i have rang them today, i said having taken advice it would seem that i should have been claiming as a couple instead of single, she didn't ask many questions, i just said a couple of times that we are not together as a couple and that he does his own thing the majority of the time.

 

She asked did he pay me maintenance, for which i announced he wasn't my son's father and the main reason we are still living in the same house is down to the fact we cannot afford to sell as there is no equity in the house and by selling wouldn't actually clear the mortage.

 

I said that i saw myself as single and supporting my son who is currently at college. I made it clear he didn't even know i was claiming and that having taken advice even if i wanted to claim as a couple (which i won't be doing) i wouldn't qualify due to joint income.

 

She said she had closed my claim from today and i would hear from the overpayments team, they will write to me and the overpayment will be from 6th April 2012, so i am thankful that it is only from that date, well i am hoping that is what she meant, if that is the case i reckon i will owe about £2800.

 

I was probably fortunate i got someone who was ok on the phone with me, i just remained calm and polite and said i was sorry and that i had been naive, i just made it clear i hadn't actually set out to be dishonest, i was shaking like mad and my stomach was doing somersaults, but i am glad i phoned them as it's one less hurdle to overcome.

 

I feel for everyone out there as that sick to your stomach feeling is horrendous, but i do feel like a huge weight has been lifted. I will keep in touch and let you all know the outcome once i hear back, she said she couldn't give me a time scale for a response.

 

Thanks to all of you who have replied or commented, it means alot!! X

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Well done nicki. That took guts.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It did lol, i surprised myself, but the relief after phoning i wished i had done it sooner, i think a combination of a nice person at the other end of the phone and me just being honest (as much as i dared) helped x

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It did lol, i surprised myself, but the relief after phoning i wished i had done it sooner, i think a combination of a nice person at the other end of the phone and me just being honest (as much as i dared) helped x

I think it's always a relief to start taking control of a situation than worrying about it but not actually dealing with it. :-)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

omg,sent my letter into hmrc over 3 weeks ago,have rung then twice to see whats happening and they just keep saying they are getting to everyone in date order,the wait is making me a nervous wreck,has anybody else had to wait this long,i just want it over with

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Hello everyone, just an update i finally had a letter today, they have just said that i have been overpaid, it's just over £3,000 and i am thankful they have only taken it back to last year 2012-13 and anything from 6th April 2013 to the date i phoned them.

 

So now i need to get my mind round the thought of paying it back, i do feel very thankful that they haven't fined me or worse.

 

Having read plenty of peoples experiences it does seem that if you try and be straight and as honest as you can they are actually ok with you, i am glad i phoned after putting it off through fear, i agree there are probably a few jobs worths that you could end up with on the end of the phone but it seems on the whole they are actually ok and pretty understanding.

 

I just made it clear we are only living in the same house due to the house being in negative equity, because we have separate bank accounts and the only thing we have that links us is the mortgage that probably helped my cause as she did mention she could see the link between us went back a few years!!!

 

Good luck to anyone who is still waiting to hear, i will keep checking back here and i will also get back to you all when i find out how much i am going to be repaying (hoping i can pay it weekly as i am paid weekly).

 

If it helps i also found a site called netmums which i found helpful, do a google search tax credit fraud and look for netmums and you'll find a never ending list of people in the same situation.

 

Remember they are unlikely to prosecute you they only want their money back that they feel you shouldn't have been entitled too!!! xx

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I decided to ring them today, got passed around two different departments and ended up with someone who was really rude, i asked about repaying it weekly, she muttered something about proving i couldn't pay it in full!!!!

 

I politely said if i was in a position to pull £3,000 out of my pocket i wouldn't have been claiming, the snotty response i got was 'most people who claim don't need it'......clearly not going to get into a conversation any further with her so i said i would write to them with an offer of payment, end of conversation!!!

 

It's really annoyed me, i was polite at all times, an i am trying rectify the situation, shame i didn't get her name.... think i was that shocked by her reaction i didn't ask!!

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Hi,

 

Please help...especially Nicky19 if you see this as I read your post. Although mine is a lot worse. I have been claiming tax credits since 1999 when my son was born and when me and his father were together. When we split in 2000 I changed the claim over to a single claim. I met my next partner in 2001 and moved in together. I still didn't change the claim over to joint..stupid I know. We got married and had a little girl in 2006 and still I did not tell tax credits as we have separate bank accounts and his money is his and mine is mine. The last house we lived in my husband owned and he sold it 2 years ago so we could move into a bigger house, the one we are in now. I am still claiming as a single claimant with 2 children and feel so guilty and don't know how to get out of it. All in all I have been claiming as single for past 10 years. Recently my husband received a letter to his mothers address from hmrc (as they have his address from when he claimed years ago as he was a single dad) asking for details on a property he may have sold and need to know information regarding capital gains. I feel ill all the time, sick, cant concentrate and don't know what to do. I don't want to go to prison and cant stop crying about my children.

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My advice is to ring/write to them and change your claim ASAP. Will you be entitled to tax credits as a couple? If not just say you want to withdraw your claim BEFORE they write to you x

scotgal 

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Hi,

 

Please help...especially Nicky19 if you see this as I read your post. Although mine is a lot worse. I have been claiming tax credits since 1999 when my son was born and when me and his father were together. When we split in 2000 I changed the claim over to a single claim. I met my next partner in 2001 and moved in together. I still didn't change the claim over to joint..stupid I know. We got married and had a little girl in 2006 and still I did not tell tax credits as we have separate bank accounts and his money is his and mine is mine. The last house we lived in my husband owned and he sold it 2 years ago so we could move into a bigger house, the one we are in now. I am still claiming as a single claimant with 2 children and feel so guilty and don't know how to get out of it. All in all I have been claiming as single for past 10 years. Recently my husband received a letter to his mothers address from hmrc (as they have his address from when he claimed years ago as he was a single dad) asking for details on a property he may have sold and need to know information regarding capital gains. I feel ill all the time, sick, cant concentrate and don't know what to do. I don't want to go to prison and cant stop crying about my children.

 

Hi space girl, my best advice is to ring them an say you need to update your details, don't tell them any unnecessary info, if you still qualify as a couple just tell them you now have a partner, if you are financially linked via a mortgage or any credit card be careful what you say.

So make it your priority to ring them tomorrow, every day you put it off you will only feel worse.. You will not go to prison and the worst that could happen you'll be in my situation an you'll have to repay anything they think you weren't entitled to.

Just close single claim if your worried about doing new joint claim leave it for now, you can always contact them to update anytime. Your still a step ahead and you'll have already informed them of changes. Keep in touch an let me know how you get on, just remember don't volunteer info. Take care x

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Thanks for the advice. The thing I am worried about is that obviously we got married in 2006 and so I cant really say my partner has just moved in coz as soon as they see his surname is same as mine I think alarm bells will ring.

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Thanks for the advice. The thing I am worried about is that obviously we got married in 2006 and so I cant really say my partner has just moved in coz as soon as they see his surname is same as mine I think alarm bells will ring.

 

This is what I would do:

Call them to cancel claim, if they ask you why, you can say you are about to have a change inI circumstances so you will have to assess new situation an then possibly make a new claim in the future.

I wouldn't worry about you having the same name, plenty of people marry and then separate, if you contact them first that is better than what happened to me, which basically forced my hand as I either needed to provide proof of him being there or not.

 

The way to stay in control is don't let them contact you, please don't worry, it sounds like the house business is nothing to do with tax credits but a tax exercise to do with your other half, which if I were you I would contact cab for advice.

 

Just cancel your claim and try not to worry x

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Hi Nicky,

Well today I rang tax credits and said I wanted to close my claim down as I have started to live with someone. They didn't ask many questions at all and just said that I would now not receive any further payments from them and did I want to do a joint claim. I said not at this time but that I may in the future. Which I wont!!. I feel better for doing this and hope that will be the end of it but who knows. At least I got in first and got the claim stopped. My husband also rang tax office and got that sorted too. Hopefully it will be okay.

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  • 1 month later...

Well done for sorting it out, yes it is a big relief once you've made the call, i am in the process of trying to find out how much i will need to pay back, i am paid weekly so i am hoping to make an arrangement with them, i've phoned several times and sat in a queue so now i've written to them with an offer, it's a small amount weekly but at least i am making some effort to pay it back. I do certainly miss the money as other half is still with his dad at the mo, i've also been in touch with a mortgage adviser to check the situation again as i still think i'd be best off selling up and starting again on my own, my son is about to start his 3rd year at college he's 18, not working (feel for him as he can't even get an interview for jobs he applies for), so money wise it's hard, but cos i do get help with the mortgage i can't complain as i am better off than some people.

 

Will let you know when i hear back about the payment arrangement. x

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  • 2 weeks later...

If ur husband /partners name are on the utility bills u have not got a leg to stand on imvho

have to wonder how much of this carry on is actually going on ..

 

U need to cancel ur claim immdediately ,keep contact to postal if possible if they are looking for details

for one year provide that by post ,do not lie but just provide the info they asked for ,they may just send you

a bill for the year ,tbh if its one year they are dealing with and you have stopped the claim they may leave it at that ....

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I too am in the same situation, due to debts and mortgage arrears we seperated but found that there was no way we could repay debts if two households, so ex moved into spare room...we have never changed any address so council tax etc all come here addressed to mr and mrs...

.I had a letter from wftc saying that they are working with a credit agency and it had thrown up that we are financially linked so why had i claimed as a single person. I claimed as a single person because that is what i thought i was.

 

To cut a long story short....i panicked when i got the letter, didnt think to look on here for advice and did an internet search for legal representation to help me sort this out. I found a london based company who said they could help and that they were really good at what they did and would charge me a fixed fee for sorting it out. I sent them all the information that the tax credits letter asked for and a covering letter explaining the situation here at home. I then got an email to say they would definately be able to help me within this fixed sum so i borrowed the money from someone and paid them. Yesterday i got a long email saying they had spoken to the tax credit people and they would be able to help me but i had to pay them almost a thousand pounds.

 

I do not have this, and from looking on here feel that I should write to the tax credit people and admit that i am at fault for not letting them know that ex was living here, an offer to pay back whatever they deem I owe....Please could someone advise if this is the best way to do it...Like the other people on here I am guilty of not telling them, and cannot prove that we have separated.

thank you for any help

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Elly19, I had a similar situation except that I had notified the TCO of our living arrangements & they said it was fine to continue my single claim.

When my case was checked by Compliance I couldn't prove that I was single & we were linked by Council tax & the mortgage so I am now repaying 2 years worth of overpayment.

 

Maybe someone else can advise of the best thing to do but in my experience they didn't want to know even though they had a record of me notifying then that my husband was 'lodging' here.

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what should I do, thank you for your reply, I think in my mind I know I need to reply to them and ask them to allow me to repay them, but I would also like to know what others think of the agency I was going to use and their costs...my gut tells me I should write to the TCO myself but i would be interested in what other people think.

thanks again.

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From reading other posts where people have lived separately - you need to provide proof that you have paid all of the household bills & give them another address where your ex has been registered (which they will check). Also, check posts on Netmums - if you look back there a few people in the same situation as you (ie, have split from partners but can't afford to run 2 houses) so you may get more of an idea of what TCO have/have not accepted as being 'single'. As for the company you contacted I can't see that they can do anymore than you can - TCO will tell you what to provide & if you can't they will order a repayment, I'm not sure what any other company can change regarding the outcome.

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