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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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pam56

HMRC haven't registred NI so no pension payments!!

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Mine is a complicated tale and desperately need some advice.

 

To make it easier I will break it down as even I have difficulty undestanding it :sad:

 

2006 Applied for Job Seeker's allowance but refused on I hadn't worked for the last 5 years which I had. After much backwards & forwards they told me they had lost my records then found them and wld now credit NI onto my records. Too late to get the JSA etc as now out of time :-x

 

2015 Applied for a Pension statement & noticed not enough years on Guess what the original missing 5 NI not been credited. Sent letter & copies of original forms I filled in (to show income for each year) and assured they would update their records.

 

Dawned on me that as they had not updated my records when they said they would they would also not have sent any pension contributions to private pension co (I was contracted out to L & Gen).

 

Contacted L & Gen and was sent summary of contributions. No contribution sent from HMRC for the missing years which approx totals £5,000.

 

Wrote to them again and they sent me a letter to confirm that they had put the NI back on BUT for some strange reason instead of NI basd on my wages at the time £48-50K they had said I only earned £5,000-£7,000.

 

Want me to prove I earned it with wageslips/P45 etc from 2001-2005 :mad2::mad2::mad2:

 

Just contacted Bank to see if I can have statements for that period which hopefully will show a weekly wage (by BACS) otherwise I am stuffed!!!

 

Can any one please advise, I have spoke, written to every department in HMRC and they still are cocking up my records:-x

 

Thanks

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Hello there.

 

I've moved you to the HMRC forum for further input.

 

HB


Illegitimi non carborundum

 

 

 

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I don't suppose there's any chance that your employer at the time would help?

 

HB


Illegitimi non carborundum

 

 

 

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Hi

 

Thank you wasn't too sure where to post

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Hi

 

Unfortunately the Company has been dissolved and they only kept records for 6 years.

 

Someone suggested asking HMRC or all their records which I did do but none showed my wage etc.

 

Pam

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Has anybody done a SARS request for everything HMRC holds about them?

Thanks

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I would ask for copies of the P14s pertaining to you that the company submitted. HMRC should still have them.

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Thanks will do. Also am I right in thinking that I will be on the P35 also as maybe just maybe the can dig up a copy of this too!

Kind Regards

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You are correct and would be on the P35 also. However the P35 belongs to the Company. You can obtain it but the process is more complex than obtaining the P14.

 

Obtaining the P14 is a simple request or SAR. In the request mention that you would like a copy of the P14 also. You should specify the NI page which from emory was the brown one. They tend just to send the top copy which would probably also suffice.

 

Back in the day the P14 was paper and was carbonated with the P60 on the back. Different parts of the P14 were sent to different HMRC departments so they would have stored multiple copies. They still keep these multiple copies, although archived.

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Hi & thanks

When you say it is more complex what do you mean. As I was a Director of said Company also does this make a difference to me asking to see my Co files?

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You cannot obtain the P35 as you are no longer an officer of the company and it is closed.

 

To obtain it HMRC would have to have a good reason or a Court order.

 

You would need professional help for this so I would stick to the P14 as it contains the same info.

 

Further the process would be lengthy.

 

The P35 contains everyones info.

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Hi TaxHero

Well I was very lucky yesterday as I rang to ask about SA and chap said I had gdepartment so passed me thru to another girl and she said it was complicated (!) and didn't really understand what I was trying to explain so she said she'd pass me on to an inspector. Inspector said didn't keep SA's so I mentioned P35's, she took my NI No & details and said she had the P35 for one of the years I mention (200-01) and cld see I had earned 40,000 (not the £7,000 the NIC people said) Yipeee!!! Kindly offered to photostat the years I needed and send them onto me. Proves not everyone at HMRC is a *!$£"£** and some go out of their way to be helpful. So now awaiting the postman to se if she is as good as her word. What a relief, somebody in there is taking me seriously.

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Good news copies arrived as promised ! Was quite surprised. Bad news rang today to ask about a letter I had sent on 10/8/16 and told it could take up to another 6 weeks for them to reply. If this was a commercial firm they would have been sacked!

 

Heres's another query for anybody used to dealing with wages etc.

 

How is the Primary Paid Earnings (PPE) on wages arrived at? Seems to me there is no logic as my record is at odds,well it looks like that to me anyway.

For example

Wage 35,000 PPE 26,500

Wage 18,518 PPE 4,420

Wage 29,824 PPE 10,670

 

Totally confused!*"!!

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Further development but not good at all

 

HMRC have now credited a missing year 1991-92. They have shown my Primary Paid Earnings & my employee deductions. Rang them to ask what/why there are no employer's contributions shown. Their answer was that although they have "reinstated" this missing year they have no proof of employer's contributions so will not be adding them

 

This is really important as a % of both mine & employer's NI contributions are sent on to a private pension provider. As emploer's have no threhold theirs is always the bigger amount so I have been denied this money simply because HMRC cocked up this yar in the first place.:-x

 

I am going to try & work out what these would have been and demand they put them on my contribution record.

 

Any ideas on how to work out employer's National Insurance etc or any info I can use to get them to DO THEIR JOB right in the 1st place.!!! Seems they are too happy to blame everybody else, deny their mistakes but are quick to hand out penalties etc when people make small mistakes.

Thanks pam56

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try speaking to the pensions advisory service, they would hopefully know who is responsible for the NI shortfall and what you can do about it.

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Hi

After speaking to the NIC's department she told me to ring the DWP and they told me to ring Pension Advisory Department. After explaining everything in detail he said not to worry it won't affect yr state pension...agggh did he not listen!! When I explained it all again ie private pension contributions based on NI etc he said sorry can't be of any help ring DWP or NICs.:-x

Am at my wits end here

pam56

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Hi

 

 

Long story but here goes.

 

 

In 2006 I applied for Job Seekers Allowance three weeks or so after leaving work.

My claim was refused as they said I had not worked for the previous 5 yrs (I left 2006).

They told me there was "no point" in signing on as I would not receive anything.

This was also re-iterated by another member of DHSS.

 

I had to fill in forms for each year I said I had worked which I did.

They didn't re-instate these years.

I appealed but that was thrown out too.

 

A year later I rec'd a letter saying they had found my records,

apparently they had sent them to the VAT office without recording them against my name!!

They sent me approx. £17 for the day of my claim.

 

I was furious and wrote telling them that I had been legally entitled to the JSA but cause they had cocked up I had been denied this.

Had the cheek to tell me I was out of time to appeal.mad2.gif

They said they wld now alter my NI record to show these years.

l

Anyway to cut a long story (!!)

short because of the new pension coming into force

 

I asked for my NI contributions and low & behold those years still missing off my records.

After lots of to and fro-ing they have finally put those years on.

(I had to fill in the same forms twice as per 2006/give bank statements etc etc)

Great I hear you say (lol) end of story, not quite thorolleyes.gif.

 

It appears that in those years they were (or shld have been) paying so much of my NI into a personal pension.

After nearly two years I have received the money they would have paid into the scheme by cheque, madgrin.gif

They cannot pay it back into the scheme as it has ended.

 

All well and good but then it dawned on me that if they hadn't cocked up and paid the funds in like they should have then these contributions would have earned bonus' etc (that is how a pension fund grows) I have asked them to send figures to pension company so they can backtrack and tell me exactly how much this money would have earned.

 

I have just rec'd a letter from them saying they will "investigate" how the NI payments were not credited to my account despite me showing them old letters/telling them etc.

Feel like saying "are you stupid or what". I think they will "investigate" and come back with "It's not our fault" as they usually do!!!

 

I now need to get definitive proof (re 2006) from DHSS/Job Seekers so I want to do a SARs request but no idea of where to send it too. Any ideas pls.

Thanks & sorry for waffling just trying to give you a clear picture.

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its on their website and its free.

just search there for it.

 

 

dx


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