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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Sally11

Marriage Allowance

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I applied for the Marriage allowance for tax year 2016/17 so my husband would benefit from it. Three weeks ago on signing into my hmrc personal account there was a message for me saying that I was entitled to have the allowance backdated for the years 2015/16 and any refund due would be sent to my husband.

 

2 days ago I received a P800 from hmrc starting that I owed £212 tax for 2015/16.i phoned them and was told that when they backdated the allowance to my husbands account it brought me over my personal allowance and that my husband didn't need the allowance for that period because he was under the threshold for income tax.

 

I asked if this could be reversed and was told no as the computer system does not allow them to go back previous years,even though they were able to access those years when transferring the allowance that wasn't needed.

 

Is there anything at all I can do about this. Any help would be very much appreciated. Thank you.

Edited by honeybee13
Paras.

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Hello Sally, welcome to CAG.

 

People should be along later with advice for you, please bear with us until they're able to get here. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thank you for the welcome honeybee.

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According to this https://www.gov.uk/marriage-allowance if your husband's income was below the tax threshold then you shouldn't have been allowed to transfer the allowance.

 

First step is probably to write to HMRC and dispute their decision. Also, your husband can ask to cancel the transfer (look at the change of circumstances page in the above link) and it will be backdated to the start of the current tax year should there be any potential issue with this tax year.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you so much reallybadwoman for your help. I'll send a letter to hmrc as you suggested and see what their response is.

One more question I hope you can help with. Do I need to pay the £212 now even though I am disputing it. Thank you.

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Sorry, I don't know if HMRC stop collection if you're disputing a payment, there's probably something on their website if they do. Personally, I'm scared of the tax man so I'd pay it anyway!


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi Sally,

 

1. What was said about paying the £212 that's owed as per the P800. Do they want it paid direct or do they want to collect by a PAYE Code restriction.

 

2. Could you afford to pay the £212 if it's payable now. If not, you may need to challenge the P800 assessment.

 

3. The 1st sentence in your post #1 above doesn't quite make sense. Can you tell us a bit more about whether you are both working/earning and how you or he would benefit by claiming the marriage allowance.

 

Stay OFF the phone and keep any comm'ns in writing only. Maybe hold writing a letter until we know a little more.

 

:-)

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what was your incoome for that year? What was your hubby's income for that year? The person whose income is above the threshold can claim tax relief from the person whose income is below the threshold to use some of their personal allowance.

It looks from what I can deduce from you post you have claimed the allowance the wrong way round and now the tax office is demandinmg it to be refunded rather than applying the allowance to the correct person for reasons that appear to be of spite rather than logic.

The allowance can be backdated so if their computer cant cope perhaps they ought to buy a pencil and paper and work it out manually.- ie appeal this decision but get things right before you do

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Thank you slick132 and Ericsbrother for your replies.

For the financial year 2015/16 my total taxable income was £19323.36 a BR tax code was used on £18825.00 of this amount and I received a refund of £2020.28. The £18825.00 was the amount taxable after 25% tax free amount was deducted from lump sum pension.

My husbands income for 2015/16 was £6399.79.

For financial year 2016/17 my total income was £6391.84 and my husbands was £10691.16.

Slick132, they want the £212 paid direct as I'm not a taxpayer. When I spoke to hmrc regarding the overpayment of tax for 2015/16 I asked if I was entitled to transfer some of my personal allowance to my husband as he was taking out his personal pensions and we didn't know if this would take him over the tax threshold. Hmrc said that yes I could transfer the allowance to my husband and this would start for 2016/17. As you can see from his 2016/17 income he was under it. Both myself and my husband are disabled so unable to work. I am able to pay the £212.

I was obviously very naive about this marriage Allowance. My mistake. Hope all this makes sense. Thank you.

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bit un clear on this, O.H. obviously has not used her Tax allowances but I have been taxed on pension income albeit small amounts but substantial end of year? subject - ? I am on pension and pension credit ( not a lot less than £20 p.w. ) but my O.H. unemployed last couple of years, is this sytem relevant to me to claim against her allowance albeit she has no income?


:mad2::-x:jaw::sad:

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bit un clear on this, O.H. obviously has not used her Tax allowances but I have been taxed on pension income albeit small amounts but substantial end of year? subject - ? I am on pension and pension credit ( not a lot less than £20 p.w. ) but my O.H. unemployed last couple of years, is this sytem relevant to me to claim against her allowance albeit she has no income?

 

OC, it would be better to start your own thread please.

 

HB


Illegitimi non carborundum

 

 

 

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just asking due to forum sunject a Yes or No? to question!


:mad2::-x:jaw::sad:

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Hi OC.

 

My apologies, but your question is fairly specific to your own circs. It would be better for you to have your own thread and for Sally to have her own answers.

 

HB


Illegitimi non carborundum

 

 

 

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Hi Sally,

 

If there's a date you should pay the £212 by, do this to avoid possible interest or penalties.

 

The link posted above by ReallyMadWoman gave info that should help you decide if you would benefit by claiming the £1,150 transfer.

 

Can you read it carefully and let us know if you think you should have claimed the transfer for one or both years, or not.

 

:-)


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If the computer does not allow the application to be cancelled, then a manual input is needed and in my opinion demanded.

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Hi Slick132,

I have read up on Marriage Allowance from the gov website as you suggested and according to that whoever is transferring must have no earnings or income under £11500 and partners income is between £11501 and £45000. These figures are for this financial year but I've worked out for last 2 years personal allowance.

 

2015/16 personal allowance £10600

My income - £19323.36

Husband - £ 6399.79

As my income was over £10600 the transfer should not have been allowed. Although my husband could have transferred to me.

 

2016/17 personal allowance £11000

My income - £ 6890.44

Husband - £10691.16

Although my income was under £11000 so was my husbands and therfore the transfer shouldn't have been allowed.

2017/18 personal allowance £11500

My income - £ 6890.44

Husband - £10861.80

Again I would say the transfer should not be allowed as my husbands income is less than £11500.

On the p800 it said I will receive a letter shortly giving me options on how to make the payment.

Thank you for all your help.

 

ConsumerDude thank you for your reply to my problem. When I was told they couldn't reverse it as the computer system will not allow them to do it I did say that surely someone higher up could manually do this and was again told no they cannot reverse it and higher up were the I.T. Guys and they would not do it.

Edited by Sally11

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Update: I have now received the letter from HMRC requesting payment by 30th May.

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Hi Slick132,

I have read up on Marriage Allowance from the gov website as you suggested and according to that whoever is transferring must have no earnings or income under £11500 and partners income is between £11501 and £45000. These figures are for this financial year but I've worked out for last 2 years personal allowance.

 

2015/16 personal allowance £10600

My income - £19323.36

Husband - £ 6399.79

As my income was over £10600 the transfer should not have been allowed. Although my husband could have transferred to me.

 

2016/17 personal allowance £11000

My income - £ 6890.44

Husband - £10691.16

Although my income was under £11000 so was my husbands and therfore the transfer shouldn't have been allowed.

2017/18 personal allowance £11500

My income - £ 6890.44

Husband - £10861.80

Again I would say the transfer should not be allowed as my husbands income is less than £11500.

On the p800 it said I will receive a letter shortly giving me options on how to make the payment.

Thank you for all your help.

 

ConsumerDude thank you for your reply to my problem. When I was told they couldn't reverse it as the computer system will not allow them to do it I did say that surely someone higher up could manually do this and was again told no they cannot reverse it and higher up were the I.T. Guys and they would not do it.

 

This is the problem with society now in my opinion in that we give control to computers and yet computers are not legally responsible, humans are, it really is nonsense.

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yes, you can have £1k of her allowance shifted to reduce your tax bill.

You dont shift your income to her personal allowance, HMRC up the threshold before you pay tax for you and drop it for her This is where the OP got confused and now they are being mean about it.

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Get hold of your ex-MP and tell them that if they want to get a couple of much needed votes they shoudl ask the minister to get HMRC to see sense and allow the reversal of this clerical error.

Gte hold of the forms and reapply as part of your appeal. There is no lawful reason as to why they shoudlreject the claim. The wrong one is not the same claim.

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Do I need to contact HMRC and bring to their attention that I was never eligible to apply for Marriage Allowance according to the rules on the government website. If they still say they can't cancel it, then appeal. If I do need to appeal how do I do that.

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Confirm to them in writing your dispute and request they confirm in writing what any appeal process is.

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Hi Sally,

 

Confirm to them in writing your dispute and request they confirm in writing what any appeal process is.

 

I agree With CD's advice - write to HMRC and start by saying you will only deal with this in writing.

 

Tell them you now believe you didn't qualify to transfer in the way you claimed for 2015/16 although you should have claimed for YH's allowance to be transferred to you. Confirm you now want this to happen.

 

Tell them for 2016/17 HMRC should have recognised the transfer was not appropriate in your combined circumstances.

 

Tell them you dispute the £212 is payable and formally apply for the tax deemed due to be postponed for collection.

 

Tell them you require them to acknowledge your appeal/complaint and forward any forms etc for completion.

 

:-)


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Hi Slick132,

Thank you for your advice. I will send a letter to HMRC and see what their response is. I'll come back and update everyone once I hear back from them.

Thanks again.

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