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    • when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward. simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse. end of problem.  
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    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Here is my Defence: Defence - 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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HMRC Tax Allowance


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I thought the income tax threshold was over £9000 per year, but HMRC have proved me wrong. The only income I have if from private pension which consists of two pensions that add up to £7,520 per year.

I see from my recently received P60 that HMRC are deducting tax from my pension.

Is there a lower tax allowance / threshold for people on low private pensions?

I assume there must be otherwise HMRC wouldn't deduct anything.

 

Around four years ago I was living on a pension of £4.500 per year and HMRC decided to deduct 40% of my small pension and allocated me a tax code of zero !! This resulted in me having just £51 per week to live on and pay my bills for several months.

 

I assume that HMRC have a serious hate of people living on small private pensions

and attack them as much as possible.

I always assumed that working full time for decades, paying loads of tax and national insurance, not claiming benefits and living on a private pension would put me in the Governments good books, but obviously not!

I have bought my house outright so I don't claim any housing benefit but I seem to be treated like trash by the HMRC and the Government.

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First of all, it is your pension provider that deducts the tax, not HMRC. Sometimes they can do this incorrectly.

 

What is your tax code for the pension you have paid tax on?

 

252T is the tax code for the pension I have been taxed on. The pension is £2576 per year. OK I assume I am over the tax threshold and should be taxed. However my total pensions are less than the normal tax threshold. HMRC know this so they are deliberately punishing poor people. This pension is a civil service pension and HMRC are civil service therefore my pension provider can't get it wrong as they are both the same thing.

They are both the civil service.......or are they?

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Civil service is more than just HMRC but either way they are the same as any other employer/pension provider.

 

Look there is no need to go on a rant. It is easily fixed and not the end of the world. Mistakes happen. No one is out to get you. They don't have a list of people who they think "let's go and wind them up"

 

Your personal allowance on that pension is too low. The personal allowance on that code is £2520, you earned £2570 so tax would automatically be deducted.

 

By my calculation you would pay £9.60 in tax on that code.

 

Is your other code 692L or something similar? This would make a personal allowance of £6920 to take you to a total allowance of £9440.

 

Call HMRC, ask for a rebate for 13/14 and ask for your tax codes to be split more evenly between each pension. Personal allowance is £10,000 this year so ask for a £7000/£3000 split if the amounts are likely to be the same again.

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Civil service is more than just HMRC but either way they are the same as any other employer/pension provider.

 

Look there is no need to go on a rant. It is easily fixed and not the end of the world. Mistakes happen. No one is out to get you. They don't have a list of people who they think "let's go and wind them up"

 

Your personal allowance on that pension is too low. The personal allowance on that code is £2520, you earned £2570 so tax would automatically be deducted.

 

By my calculation you would pay £9.60 in tax on that code.

 

Is your other code 692L or something similar? This would make a personal allowance of £6920 to take you to a total allowance of £9440.

 

Call HMRC, ask for a rebate for 13/14 and ask for your tax codes to be split more evenly between each pension. Personal allowance is £10,000 this year so ask for a £7000/£3000 split if the amounts are likely to be the same again.

 

HMRC are fully aware of my two pensions that don't add up to the income tax thresold of £9440. Therefore they are obviously punishing poor people in order to protect bankers earning billions of pounds and avoiding tax. I cannot understand why I should contact HMRC when they have proved that they are hell bent on taxing poor people. They would obviously ignore me and probably take all my pension in tax. Please learn to understand that Tories hate people who aren't worth billions of pounds. They class ordinary house owning people as worhhless brain dead skum.

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I think "IF" you follow advice from "blondebubbles" Post #4. (Good advice)

You will end up with a rebate. ....

Up to you. It's your money !!! your call.

Ignore advice if you want.

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I cannot understand why I should contact HMRC when they have proved that they are hell bent on taxing poor people.

 

In which case the answer is to do nothing and leave things as they are.

 

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HMRC are fully aware of my two pensions that don't add up to the income tax thresold of £9440. Therefore they are obviously punishing poor people in order to protect bankers earning billions of pounds and avoiding tax. I cannot understand why I should contact HMRC when they have proved that they are hell bent on taxing poor people. They would obviously ignore me and probably take all my pension in tax. Please learn to understand that Tories hate people who aren't worth billions of pounds. They class ordinary house owning people as worhhless brain dead skum.

 

Stop wasting peoples time asking for help you have no intention of taking. There is no need to be rude to the people on here.

 

At no point have I denied that they know you have 2 pensions. Obviously they know because they have separated your personal allowance between the two, it's just too low in one and too high in the other. It is easily resolved but if you don't want to bother then go moan about it to someone who cares, not on here.

 

Don't call them if you don't want to. It's up to you. It will automatically be reconciled in the next few months anyways.

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HMRC frequently get it wrong when someone has more than one pension, especially when the person is not working. That's why you have to be proactive by checking everything and querying anything incorrect. At the end of the tax year, your pension providers will have provided you with P60s setting out your total pension before tax, and the amount of tax deducted. Gather them all together for each year you have paid to much tax, send copies in with a covering letter ( by recorded delivery) and it will be sorted for you.

 

It may also be a good idea to call them first, politely explain their mistake, and even if they say they'll sort it, still write also so you have a paper trail.

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Stop wasting peoples time asking for help you have no intention of taking. There is no need to be rude to the people on here.

 

At no point have I denied that they know you have 2 pensions. Obviously they know because they have separated your personal allowance between the two, it's just too low in one and too high in the other. It is easily resolved but if you don't want to bother then go moan about it to someone who cares, not on here.

 

Don't call them if you don't want to. It's up to you. It will automatically be reconciled in the next few months anyways.

 

Who exactly have I been rude to? Please post a list of members I have been personally rude to. You have accused me of being a time waster, how rude is that?

I haven't accused anyone on this group of anything. However, if you know otherwise please provide evidence to support your accusation.

I can't see why I should inform HMRC of their mistakes. Surely it's their job not to make mistakes and not expect private pensioners to put them right. You seem to think that it's up to me to tell HMRC how to do their jobs properly. Well I think it's up to them to become competent at doing their jobs and NOT up to me to help them become competent. 18 years ago when I was working with digital radio design I didn't need to contact HMRC to make me competent in my complex job. Therefore why do I have to contact HMRC to make them competent in a simple job that only requires simple arithmetic? I was using calculus, boolean algebra and complex analysis with my job and you accuse me of being a time waster?

Cheers mate, thanks a lot, have a nice day. I assume your HND pass grade is better then mine.

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I've just received an email with the posters response to my post at #12. For some reason its not on the forum yet. However its just the usual rant and basically, why should he contact them as their to thick to add up and you can't educate pork (his words not mine).

 

Although I have never worked in this general area, I've successfully helped my partner on more that one ocassion with tax mistakes and I've helped friends and relatives also. In all this time I've never seen anyone make the ridiculous stand the poster is making. I'm beginning to think its a wind up.

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This thread has run its course I think.

 

The OP has been given choices, a) contact HMRC and get things resolved or b) do nothing and leave things as they are.

 

It is up to the OP now as to which route they take.

 

Thread closed

 

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