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    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
    • You mention covid holiday in your title.. did you have one and missed or deferred payments?   tell us the story please though a mortgage company rarely refuses for one default.there must be another reason   DX
    • Vodafone have a reputation for doing this although it hasn't happened for a while. There an appalling company and I think they are the most complained about company and have been find quite a lot of money in the past by the so-called regulator. Frankly I thought that they had started to sort themselves out. Sent them an SAR. They may try to impose some kind of obstacle such as a special former something or other to fill in. This is unlawful as long as they have no reason to be dissatisfied with your identity details. Separately – because they are capable of understanding to issues in the same letter – separately send them a letter of complaint and ask them what's going on. You might also want to try and deal with this on the telephone – but if you do then read our customer services guide first and implement the advice there because anything that is said on the telephone could be of use. However, don't expect this to go away quickly. They are incompetent and once they make a mistake they tend to dig themselves in rather than dig themselves out. Sent they SAR – and separately the letter of complaint.
    • Nobody here can say for sure whether you should challenge this penalty or just pay it because nobody knows if a court would consider your reason(s) for not wearing a mask a reasonable excuse or not.   But... my view would be that if you can get a letter from your doctor saying that because of your medical conditions (acne and anxiety) that wearing a mask causes you such distress (and/or discomfort and/or pain) that you have a medically based reasonable excuse for not wearing a mask, then that should do it for you - in my view.   You can then use that letter to challenge the police as to the validity of the fixed penalty, and if they don't back down you can let it go to court - if you want to do that.  I would expect the court to accept your doctor's letter at face value and quash the penalty - but nothing is certain!   Have you given your doctor/your practice notice of what you want and why you need it?  Have you explained that you have already received a fixed penalty for not wearing a mask, that you want to challenge it and that you need a letter explaining your reasonable excuse for not wearing a mask so that this does not happen again?  At my GP surgery I could either have phoned them up to explain all this in advance, or emailed them explaining it.  It might not be a good idea just to turn up for an appointment without letting the GP know in advance why you are there.   If your GP won't give you a "reasonable excuse" letter - and they may refuse to do so - then you need to think again.   First thing to consider if they don't is that you need to decide if you really have a reasonable excuse or not.  If you still think you do, then you need to decide if you want to challenge the penalty further or if you just want to pay it.  But if you do that, what happens next time* you are caught without a mask?  If you don't think you have a reasonable excuse, then you'd better start wearing a mask.   *If you can't get a GP's letter I have a few other thoughts but will have to post those later - I'm just going out.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi all

 

Some words of legal advice please. My son has been employed, on a self-employed basis, with a major construction company, paid through Exchequer Solutions, with basic 20% deducted and I claim most of his tax back each year. He has worked tirelessly for the same employer 2 months short of 3 years as a carpenter/multi task contractor.

 

Unfortunately, the company is owned by a father and son duo. The father is a very reasonable but ageing man who mainly stays in the office and the son is a complete upstart, worth millions, knows nothing of the construction industry, but did a business course so feels totally able! This humble description of him is shared by many.

 

A few weeks ago, the son of the employer and my son had their final fall-out/disagreement and it was to be the hair that broke the camel's back. My son made it clear that he was no longer prepared to work for his company and left there and then.

 

I have been invoicing for his work 2 weeks at a time, a week in arrears. When I submitted his final invoice, in addition to the final few days work, totally some £1k, we received an extremely vicious and libellous email saying that my son had taken advantage too many times by over-invoicing for hours not worked and if anything, he owed them money!

 

This is, of course, not true, and even if it was, how can they wait nearly 3 years to come out with this after he's left their employ as such?! I did write to Exchequer solutions for their opinion, seeing as they have deducted a fortnightly fee for their services off his invoice, but they have put their hands in the air and said "I know nothing"!

 

What are our rights please, if any? Thanks in advance :|

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he is entitled to be paid for the work he has done.

 

Who does he send the invoices to? the building co directly or are they submitted via agency?

As for nastly email, ignore it, meaningless as it is from one person to another but do make sure that a copy is kept because it may be useful later should the company decide they arent going to pay what is due as it may help undermine their defence.

 

If invoices sent directly then he sends as letter before action stating exactly how much is owed and why and then give them the usual billing cycle to pay otherwise action will be taken to recover the monies without further warning. If it is the agency then he does exactly the same to them. Letter must be headed "letter before action" so it is perfectly clear as to what the next step will be

Edited by honeybee13
Paras
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Thank you so much ericsbrother. For some reason, I didn't receive a notification that you had replied but thank you anyway. I normally invoice directly to the construction company and they instruct the agency to pay. I shall get an LBA off tomorrow.

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you say NORMALLY. check your agreeemnt with the agency to see whether they are just offering a service agreement or whether they are providing you employment. If they are effectively offering you work rather than just doing your taxes then you write to them as well as they are jointly liable or even the people you actually sue and let them do the chasing. Each wil try and say the other is responsible to avoid the one being sued but if the agency is your employer then tough, they will have to recover the monies from the father and son or jut stop moaning.

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  • 2 weeks later...

Well it looks like from their stance your only option is to take them to court.

The only thing is they firstly state your paid thru exchequer services (I think it was called) and any issues should go thru them.

 

If that's their defence then they need not say any more or address any other issues.

Basically they Sa your taking the wrong people to court. Their is no need for all the other waffle.

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It's quite confusing who is the employer. The initial contract in 2014 is between the named (son) and Exchequer (the Employer). Then in 2015. we registered online with Exchequer for CIS self-employed status, and with HMRC, and received a Unique Tax Reference Number. Exchequer deduct their fee and 20% tax when they receive payment from the construction company. We then claim back tax at the end of each tax year directly with HMRC.

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If your son has a CIS registered he should of asked for gross payment status as I know they always deduct too much and the fees are too much for what they actually do.

Your son could of set his own limited company up for not a lot of money and saved a fortune in fees.

Never mind, what's done is done.

 

I think this needs to go to court.

I think he needs to sue exchequer first and maybe the contractor as a second party.

Others will know realistically who to sue first.

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If your son has a CIS registered he should of asked for gross payment status as I know they always deduct too much and the fees are too much for what they actually do.

Your son could of set his own limited company up for not a lot of money and saved a fortune in fees.

Never mind, what's done is done.

 

I think this needs to go to court.

I think he needs to sue exchequer first and maybe the contractor as a second party.

Others will know realistically who to sue first.

 

Yes, thanks for that, I was aware of that. However, he rather enjoys his little refund every year ;)

 

I am just finding it so difficult to determine who is responsible in this instance. I think I need to bring Exchequer into the case but when I did ask them initially, they put their hands in the air and said they know nothing! :(

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I dont understand why you say that exchequer are the employer but you invoice the building company and they instruct payment.

Something, to me anyway, doesn't sit right here.

 

Please check that the construction company and exchequer have no ties to each other, other than being an umbrella company for agency payments.

Look for same directorships etc.

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I dont understand why you say that exchequer are the employer but you invoice the building company and they instruct payment.

Something, to me anyway, doesn't sit right here.

 

Please check that the construction company and exchequer have no ties to each other, other than being an umbrella company for agency payments.

Look for same directorships etc.

 

That's what it referred to itself as (employer) in the original contract before CIS registered. I believe Exchequer is an umbrella company for agency payments although their website states that Umbrella is when they deduct tax and NI. When you are CIS registered as self-employed, they only deduct tax (and their fee).

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dont worry too much about the attack on his workmanship, if that was true they would still owe him the money becuase that is a different matter entirely, he hanst agreed to contrainvoice any remedial work etc and they ahvent raised it before so eyebrows will be raised as to why it has only just been a concern.

What he does need to do is make sure that he sues the right entity so again who is the employer. He will have to dig out every letter he ahs to ensure that they are the ones who actually employed him, if it isnt direct labout then he sues the agencya nd they will have to pay the building co for anything they are unsatisfied with if they want to play that game

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He is called a CIS (Construction Industry Scheme) Self-Employed Sub-Contactor. They QUOTE Care about our sub-contractors and ensure they are paid accurately and on time.UNQUOTE

 

Exchequer Solutions are the Agency who run the payroll and made tax deductions and their own fee deductions. As has been said, there could have been some fees to be avoided by going Limited but that didn't happen. However, the original building contractor has stated that the issue needs to be taken up with the Agency and the Agency have thrown their hands in the air!!! I have just been re-reading Exchequer Solutions webpage but believe I'm not allowed to post their link........

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Sorry for the delay....... the good news is that I have had a very construction 'chat' this afternoon with the HMRC's CIS sction who have confirmed my son's exact employment status as being self-employed but under the employ of a contactor who in himself, is obliged to obey the CIS rules of disciplinary procedure, ie, verbal and written warnings prior to dismissal! So I should like to proceed with a £65 (?) to file a MCOL.

 

This is now 6 weeks since this happened and my son is not fairing too well and we are now in 2 minds to sue for libel and personal damages resulting from their action.

 

Time for some very welcome fine legal tuning please :-)

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You can sue for the monay owed as pay but you cnat sue for libel or any other damages. Libel has to be in writing in public ( this wasnt a public proclamation) and forpersonal damages- what has he lost? Nothing.

Libel is also heard in the high court so you will need £100k spare change to start off with.

Also you say I and WE when this is your son's problem so properly you are not in a position to do anything. By all means help him but you cant do anything on your own regardless of how well meaning it is. Write things and get him to sign if necessary but be clear there are boundaries and people cant discuss things with you even if they wanted to.

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Thank you for that. We shall proceed for an MCOL for monies owed then. I am of course able to obtain my son's signature where required on anything and am not acting alone. I am appointed as his representative on his HMRC online self-assessment account.

 

Is there anything I need to know before commencing MCOL? I will of course do some homework on this site this evening.

 

Thanks again

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anything about MCOL? Yes, you have to open an account (easy) but one of the ways is to use the Government gateway usernumber adn password. This has to be his, not yours or a random one. Just signing up to MCOL alone allows you to use somehting that is not tied to other data

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no, I wouldnt use that at all.I got only as far as the first 4 llines before making that decision.

The POC should state what money is owed and why, not a rant about disagreements.

SO, something like I was employed by ACo as a contractor on a self employed basis for the dates (from) (to) at an agreed rate of £xx per hour/day. For the period xxth of month 2017 to the yyth month2017 I worked xx hours and was not paid as per the contractual agreement.

I therefore claim £xxx being the monies due under a contractual obligation.

Clean simple to understand what is owed and why and nothing vitriolic or personal. You were warned obout that previously but havent taken it on board, your version will make their defence even more entrenched and annoy the judge who may well decide to chuck the claim out for any very minor procedural error they can find becasue they think that is what it will take to deflate the situation regardless of the true merits of the claim.

This is not personal, it is business. One business owes another business some money, that is all.

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you see, simple to understand how much is being claimed and why. It is likely they may well pay up when getting the claim from the courts service. If they do they have to pay the court fees as well of the debt is not cleared. Many defendants try it on by sending a backdated chewue for the original amount to save themselves £75 Dont fall for this, if it happens return the cheque after copying it and the envelpoe

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