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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      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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Late fees for self assessment *** late fees cancelled***


mikeymack2002
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Hi if I remember from my files I was fined for late self assessment, but called the Inland Revenue, told them I had ceased trading filed the relevant paperwork, posted it to what I thought was the local office, but they had moved.

 

 

So was fined for late returns for the same year, but two offices got involved hence the double whammy in fees, the call consisted of me stating that due to medical grounds, I was unable to work anymore, they sent a form, I duly filled it in. I was assessed as not needing to pay any tax. due to not earning enough, amount due was 0-00 to them, they said if I filled in the form and returned it they would cancel the late fees, which were 2. A total of £200-00, this was sent back to them at Cardiff.

 

 

A few weeks later another dropped in from the Leicester office, again I used the same figures and again posted this back to that office. Now my issue is that the first office said the fees would be rescinded and no further amounts would be due. I have this in writing. I forgot this debt, due to memory issues.

 

 

Now it has been some time since I have heard from the Inland Revenue until now, a debt collector has written to me on several occasions and have not responded. Till now this was due to me putting away my documents in a crazy way and place. I found the letters this week, whilst trying to get my finances sorted once and for all.

 

 

So I am after advice what to do next, does this get statute barred like civil debts?

I am on benefits and obviously have very little money spare for the foreseeable future as my medical injury is lifelong.

 

 

Thanks

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi there

 

Im an accountant.....couple of questions if I may

 

1. What tax year are we talking about here? 2011/12 or earlier?

 

2. Are the tax references the same on the letters that are coming from the two tax offices?

 

 

Prior to 2011/12 penalties were automatically wiped if you didnt owe any tax, 2012 onwards the rules changed and you have to write and hope you get a sympathetic tax person looking at your case.

 

Ive seen several times where people have duplicate tax references - different numbers at different offices. Just because HMRC might foul up and issue duplicate returns doesnt mean you are obligated to

complete them.

 

If you have it in writing that fines will be wiped, copy the letter to the second tax office and the debt collection company. These third party agents are low lifes who only collect what they are told and are

usually totally unhelpful. You need to get the second tax office to speak to the first.....dont make the mistake of thinking they will do so automatically.

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The year in question is 2009-2010 the wipe off was said on the phone, the numbers are the same I couldn't access the gateway site, then in that June of '10 I suffered a massive stroke, having spoken to them today all enforcement is on hold.

 

 

I will attend the local office when the replacement forms arrive, but... when I was in hospital all my records for the business were dumped by my daughter so have none now whatsoever, these were dumped in 2010 when she thought I was not coming home so what now?

 

 

I will not submit false records at all. I will not be speaking to the DCA on this matter as IRS have stated its now on hold.

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Okay that makes things easier....

 

These people arent doing you a a favour by wiping the fines in such circumstances......they would get wiped automatically the minute your SA return was processed showing nil tax payable.

 

In these circumstances I would attend their office armed with medical records if you can showing what problems you sufferred. In the absence of your records you really need to just prove to them

you werent capable of working during that tax year.

 

The fact they have placed enforcement action on hold is a good thing....it will stop the low life debt collection agents hassking you and give you time to go and see HMRC. In cases like these I have

usually found HMRC to be accomodating, providing its clear you couldnt work.

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Believe it or not I am proud to have got this far, My medical records are perfect, fully up to date from the night this happened that's all I have managed to keep straight, as can be seen from my other posts. They are sitting in my lounge bang up to date as I never know when they will be needed. I did work in the year 09-10 but at a loss, unfortunately I am unable to prove this, I can not even remember how much work or where or even what I did in reality to a point.

 

 

Your advise is great it has taken some strain away from me, in previous post on different forums I thought it was all sorted but then this, lol but this is much easier to sort so not as worried now. thx again

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Pleased to help :)

 

I deal with HMRC for a living and any accountant will tell you their standards have plummeted since they merged with Customs and Excise. They have much less staff and now hide behind a wall of these stupid call centres where you can never speak to the same person twice.

 

Fortunately, us accountants have a direct line we can ring and speak to usually competent staff.

 

Keep the thread updated, will be happy to help if they dont play ball.

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  • 4 months later...

Just an update, I have just moved and contacted the Tax office they are re-issuing the tax form for *09*10 the year that is missing they have stated they will cancel the £200-00 late fees on its return as of yesterday, as it needs to be in hard form not electronic. They have accepted the reason for its late arrival/loss so hopefully in the next month I will have this one cleared to zero as well.

 

 

I am on a roll this month, god knows why but I am very happy as this is my final debt now.

 

 

Even my credit rating is soaring too, bank given me a credit card as well lol just happier in life now

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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  • 1 month later...

Further update. The Tax office now have the return with them, they have stated if no Tax is due then they will rescind the late fees due to extenuating circumstances.

 

 

So looking good will update final when the decision is in

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thanks for keeping us up to date - it helps others with similar problems.

 

I'll move this thread to the HMRC subforum as it's about tax rather than benefits.

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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  • 4 weeks later...

Can Admin mark thread as success please. as after a review it turns out I owed nil tax and the 2 late fees were cancelled this week so no more debt as far as this is concerned Thanks everyone that helped

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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