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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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Tungata

Success, but the bank has retained £300+ for Tax

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After them trying every possible trick to wriggle out of their obligation to do so

and then unnecessarily wasting both my time and the time and efforts of FOS,

after a fully 2 years, Halifax Bank have finally conceded (after being instructed by FOS to do so)

and made me a settlement offer for miss-selling me PPI more than 15 years ago.

If nothing else, this paragraph, should simply say, be patient and stick at it

 

On reading the settlement offer letter, I was surprised to that the bank have

unilaterally decided to make a deduction from the amount due to me for “taxation due, at the standard rate”

 

Whilst the total compensation amount offered is within a few pounds of what I have calculated,

I had not considered that the bank would deduct 25% of the interest element.

Whilst I knew that I would possibly have a tax liability on the interest element of this compensation,

my immediate reaction to this was that my Tax affairs are between me and HMRC

and any liability due (to HMRC) is mine to sort out direct, at the end of the Tax Year.

 

I called Halifax to question why they had made this decision.

The response given was that this kind of deduction is

“standard practice and in accordance with FSA guidelines”

 

Can anyone advise on this please?

I completely disagree with the stance taken,

this bank has no knowledge of my tax code,

my Tax number,

my payment relationship with HMRC,

or liabilities I have (if any),

so any errors in calculation and or payment will be practically impossible for me to recover downstream.

 

Whilst the bank said they would write to me confirm the deduction made,

providing a copy of their notification to HMRC,

I do not trust them to either do so, or get it right in a timescale that is consistent with any liabilities I have to HMRC.

I also do not trust them to immediately pay the ”amount due”,

giving them the opportunity to take the benefit from any interest due, rather than me.

 

This is a bank that has

  1. already miss-sold me PPI,
  2. denied any wrong doing when I complained,
  3. lied to me by ignoring their own industry code of conduct in rejecting my complaint and then,
  4. further tried to deceive FOS when they got involved

so why should I trust Halifax to correctly pay the Government on time, on my behalf.

If (when?) they get it wrong, who will be left holding the baby?

 

 

How can I stop these crooks doing this? I’d phone FOS,

but suspect that will not want to get involved as it's not in their remit,

so is there a standard letter template demanding them to pay me the amount due in full?

 

TIA

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This does indeed seem to be standard practice, but should only be for 20% ? If you dont pay tax, then I think you can reclaim it from HMRC.

 

Someone else asked this question a couple of days ago.. I will go and find a link.


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4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Here you go....

 

The rules about deducting basic rate tax were as a reult of the Finance Act 2013 and they came into force in September/October 2013.

 

Tax will be deducted at source on the 8% element and such income will need to be declared to HMRC and a refund claimed for a non taxpayer.

 

More information here...

 

http://www.hmrc.gov.uk/manuals/saimmanual/SAIM9115.htm


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for the super-quick response

 

Understand the HMRC directive, but not at all happy that Hx get to decide when they pay HMRC and then gain the benefit in the meantime. Meanwhile, I'm left pondering if I'm due a fight with HMRC....

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I wonder if it would be worth a call/letter to HMRC and ask if the Halifax has made the payment to them :lol:


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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When reclaiming PPI on a loan taken jointly is the interest recovered deemed to be split equally between both parties? and how does this work for tax purposes?

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If a joint loan then the PPI is generally only applied to the first named - so the company will probably apply the tax to the first named. You might need to check and if you require it to be done in a different way, then you will have to let htem know.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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