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    • Hi all, hope you can help. I've received a £4k repair estimate from the main dealer after my 2016 F30 330e developed the dreaded drivetrain error. The qoute is for a replacement cell module and associated labour and various bits and bobs to get it done. I initially had them investigate the issue when it first popped up a year ago. They replaced the auxillary battery which 'fixed' the issue for a few months before returning. Last Novemner the issue escalated to 'Battery not charging' which would clear after powering off the car , and disappear. Took it into the dealer and they diagnoised a faulty high voltage battery under the boot but could not do any work as they needed to schedule more cars for this 'specialist high voltage work'. So they said I could continue to drive the car until they got in touch when the car could be booked in for repairs. Roll on to April, the issue became severe (battery not charging error not going away, car in limp mode one morning) and car completly died at a traffic light same day (dashboard flashing all over the place), couldnt engage in 'Drive' and had to be recovered by AA to the dealer. Turns out car was now only running on the 12v battery in the boot and that had run flat as the hybrid function had stopped working altogether. My question is whether this is a reasonable estimate. Could this be done cheaper elsewhere? The dealer has servived this car from new hence took it them in the hope they'd not point fingers at any other party. Should I be paying for this at all since I raised the issue with them before it escalted and resulted in a now expensive fault? I also suspect the KLE may have gone too based on other posts, but the dealer hasnt qouted for that yet. I worry they'll' 'discover' that after I've already shelled out for a new cell module and end up lumbered with another bill to replace the KLE. Feels like I know about what they need to do than they do. The Service Advisor has been completely useless. Any advice would be greatly appreciated.
    • The Petrol Station is Shell Garage Wickham (Hampshire ) Another person obviously had the same issue as they had called the garage previously-
    • Thanks Dave, that all sounds clear to me. In terms of avoiding PCNs, I'm not sure if I can. I need to be able to park in that spot, especially as I've got kids to lug forth and back for the school run. Likewise it's not always possible to use the MA's permit system either, as I've not always got them to hand. So, if I'm actively avoiding PCNs, then it could mean I've given in to their idiotic rules. But, I do get what you're saying, as I imagine the risks go up if they claim there are multiple PCNs to be paid at court. Not sure what to do with this one.
    • Is it possible you could qualify for a DRO (Debt Relief Order) and ditch the IVA ? https://debtcamel.co.uk/end-iva-change-to-dro/  
    • My IVA which I began in 2021 has for around a year now been passed to credit expert - I find this company and it's staff obnoxious and insensitive money grabbing monsters.  What is my legal right can I have my IVA moved to another ip what happens if Hanover sell my file?  I am ina real bad situation where my kids are unwell and this crest expert supervisor is saying I should try more than what I agreed despite my situation being very bad and kids unwell.   I feel like they are bullying me and I duh I where to turn.  I keep getting emails saying we at credit expert are in charge of your iva now but still I got messages about my review annual from Hanover which I sent documents and now I got a response from credit expert saying they think I agreed to pay more - how ludicrous is that how can I keep these bullies at bay.   Who can I complain too without messing up my IVA.  I'm going to post below what they sent me please someone help me as they are making me suicidal now. These evil people g coincidently all Indians with weak English which is another issue as communication feels like a battle each time.    Good afternoon,   We hope you are keeping well.   In accordance with the terms of your voluntary arrangement you a required to comply with the following modification:   The debtor must seek to either obtain full time employment or improve self employed income to equivalent thereof as soon as possible and a full review of the debtor’s income and expenditure must be undertaken by the supervisor. The contributions shall increase after taking into account any increased costs in respect of travel and should commence in the month following the review. If any instances of co-habitation with the debtor by any person aged 18 or over occur during the term of this arrangement and where there is reasonable expectation that board and lodging should be paid, the contribution will be added into this arrangement in full. The debtor agrees to provide an income and expenditure review in the month following any loss of child related income. Any surplus identified is to be made available immediately for the benefit of unsecured creditors in the arrangement.    In order to ensure that the terms of the voluntary arrangement are adhered to, I require you to provide evidence that you complies with the above modification along with any supporting evidence.   Alternatively, if you believe you are no longer able to comply with the modification please do inform us.   I eagerly await your response to the points raised within 14 days of the date of this email.   If you have any further queries, please contact Customer Service on ‪0800 0431 431‬ or by email at [email protected].   Thank you for your comprehension.   Plese guys advice me what I can reply as I don't have any more money for these thieves and their annual review is an annual monster nightmare how can I tell them I'm not willing to be bullied and can't paid more    تھا ks   
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Can they make this deduction


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I am an IT consultant who works through my own Ltd company.

 

I have been offered a job that is within IR35 this means I will pay tax, NI and all other deductions which I dont have a problem with.

 

However the employer wants to deduct from me their costs such as Employers NI in other wrds bear their employer costs, is this right?

 

I am due to sign the contract tomorrow so urgent guidance/help would be really appreciated.

 

Thanks

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it's really just changing the price of the contract. Would you be happy with / accept the lower pay rate? If not negotiate up to cover it.

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I don't know about the legal details of this but I think it's really a commercial question for you, not a legal or tax question. The employer wants, financially, to be in the position he would be in if IR35 didn't apply. ie, he'd pay you a sum of money each month and have no other costs whatsoever. He knows that IR35 doesn't let him do that but he can achieve the same financial position by making you contractually liable for paying employers NI. The precise payment routes and mechanism to achieve that I can't comment on. The question for you is simple. They have offered you a gross pay rate and told you what deductions you will pay yourself (under the deal they are proposing to you). What will that leave you with Net and are you prepared to work for that? If yes accept the offer. If no negotiate a higher gross pay rate. Everything else is detail and paperwork.

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I don't know about the legal details of this but I think it's really a commercial question for you, not a legal or tax question. The employer wants, financially, to be in the position he would be in if IR35 didn't apply. ie, he'd pay you a sum of money each month and have no other costs whatsoever. He knows that IR35 doesn't let him do that but he can achieve the same financial position by making you contractually liable for paying employers NI. The precise payment routes and mechanism to achieve that I can't comment on. The question for you is simple. They have offered you a gross pay rate and told you what deductions you will pay yourself (under the deal they are proposing to you). What will that leave you with Net and are you prepared to work for that? If yes accept the offer. If no negotiate a higher gross pay rate. Everything else is detail and paperwork.

 

The question I am asking is about the legality of it, I can do the math and work out the numbers the questions is are they allowed to do this?

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Hi Ben,

 

I'm looking at this pragmatically ...........

 

A bargain is being struck here. You're offering your services to the employer. And they're offering a salary package based on you being dealt with under Schedule E (PAYE) and not Schedule D (self employed).

 

You being treated as employed means they pay Employers NIC on the salary they pay you.

 

Bottom line is, will they pay you enough (after making whatever deductions they see appropriate) to make you happy, after you've paid employees NIC and PAYE tax.

 

They can make you any offer they like whether they refer to clawing back Employers NIC or not.

 

But I doubt they'll refer to this specific issue when confirming the job offer in writing.

 

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You seem to be very confused. First you say that you work through your own Ltd company, then that you are employed and paid directly by the employer.

 

 

Also, you say that the 'job' is within IR35. Who has decided this? Is this within the public sector? You may be able to agree a contract that is outside IR35, as long as the working practices are in line with the contract.

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You seem to be very confused. First you say that you work through your own Ltd company, then that you are employed and paid directly by the employer.

 

 

Also, you say that the 'job' is within IR35. Who has decided this? Is this within the public sector? You may be able to agree a contract that is outside IR35, as long as the working practices are in line with the contract.

 

If you look at my 1st post I state I am IT Consultant working through my own Ltd company but offered a role within IR35. They decided it was within iR35 as it is the position of least risk, the working detail is in fact, outside IR35 for example I am supplying my own equipment but they are too frightened b HMRC saying if they find out in thr future a rule is within IR35 then they become liable for any tax and NI.

 

So not confused just questioning the legality of having to pay employers NI Liability then deducting it from the employee

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Hi Ben,

 

Thanks for those links, but i am employed and paid directly by the employer so my question is can they deduct from me their NI payments

 

As Emmzzi says, if your contract refers to the employer recouping the cost of employer's NIC, and you agreed to it, then it may be acceptable.

 

However if you did NOT agree to such deductions in your contract, then I think they can be challenged.

 

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As far as I am aware the decision regarding IN or OUT of IR35 lies with you (Ltd Co). Your client currently is not at risk of getting this wrong, unless the client is a Public Sector organisation. If you were to deem this contract outside of IR35 and HMRC later challenged this then they would look to you for the shortfall in NIC/tax (not your client). Maybe you can convince them that there is no risk to them?

 

 

If you were to allow them to deduct the Employers NI then how can you be sure that they pass this on to HMRC? I don't think that there is a mechanism for them to pay this to HMRC as you are not their employee.

 

 

In my opinion your client is just trying to knock down your rate. You have to ask yourself how much do they need you, and how much do you need the gig? It is a commercial decision that only you can make.

 

 

Hope this helps.

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I'm not an accountant, but it doesn't sound to me like this arrangement works.

 

Is the suggestion that you would pay HMRC on behalf of the employer? Or is the suggestion that the employer would not pay their employer's NI contributions, and would refer HMRC to you when they get chased?

 

A clause which makes an employee liable for paying employer's NI contributions is not enforceable. I'm not sure how it works with IR35 but I would imagine it should be the same situation.

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I think you might find this specialist contractor forum thread on IR35 helpful (while not vouching for its accuracy, I'd still call HMRC) http://forums.contractoruk.com/public-sector-ir35/120479-working-public-sector-faq-about-ir35.html

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