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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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Hollerz

Hmrc compliance

style="text-align:center;"> Please note that this topic has not had any new posts for the last 408 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Hi apologies if this is posted in the wrong place.

After spending all night reading posts about overpayments I wondered if anyone had advice.

 

I received a letter last week asking for information as my daughters dad is linked to my address.

I knew this as his mail has been coming here for years after we split and we entered into a mortgage agreement in 2016.

 

The mortgage is complicated, my daughter is disabled and was granted an adaption for the house.

There were quite large costs to meet and I needed to raise funds for the overspend.

Her dad agreed to help and we set up the mortgage as friends.

He wanted to provide security for his daughter.

We have remained friends and he regularly visits, however....he’s got no other links to an address as he’s been lodging with mates or sleeping at work.

 

In January thus year he came to stay occasionally as I was struggling to meet my daughters medical needs due to a car accident in 2017.

I have a son with ADHD and he was also going through a rough time at secondary resulting in violent behaviour at home.

 

During 2017 I was also diagnosed as having autoimmune disease due to living under highly stressful conditions.

I was depressed with chronic pain and not coping.

 

By March he moved in as my condition with my shoulder meant I struggled with most tasks. Torn supraspinus tendon...

 

By July we felt we were a couple and in August I had surgery with a long recovery requiring full care.

 

I’ve disclosed everything they have asked for but anxious they will go back further

 

Yesterday I sent in all documents required, everything has been paid by me up to now with his maintenance showing in bank statements.

He agreed to pay half mortgage in July so that’s when I’ve said a relationship began despite me needing care to live at this time.

 

Should I go to cab?

Edited by dx100uk
spacing

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Anyone?

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Hi.

 

CAB is worth a try, although the advice varies depending on who you see. You should get more comments here, all I would say is that you should keep telling them the truth and co-operating.

 

HB


Illegitimi non carborundum

 

 

 

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Ive sent everything including medical letters and details of my kids special needs but can't prove he didn't live here before my crisis. He was such a regular visitor he'd just pick the mail up. Been on hold 45 mins so far to cab

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Are you able to go and see someone at the CAB locally? That might be easier.

 

 

HB


Illegitimi non carborundum

 

 

 

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I've moved your thread to the HMRC forum. I've also flagged it for the site team to see if someone can help.

 

 

HMRC are likely to be looking for financial links between you other than the mortgage, I don't know if you have any evidence of there not being links until recently.

 

 

HB


Illegitimi non carborundum

 

 

 

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Are you able to go and see someone at the CAB locally? That might be easier.

 

 

HB

If I don’t get through today will visit tomorrow. The anxiety is enormous. Although when I rang after receiving the letter the advisor hinted he could stay if I was unable to function due to my operation. My arm has been Immobilised for 6 weeks and then still couldn’t drive till last week.

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I've moved your thread to the HMRC forum. I've also flagged it for the site team to see if someone can help.

 

 

HMRC are likely to be looking for financial links between you other than the mortgage, I don't know if you have any evidence of there not being links until recently.

 

 

HB

There are no financial links to my accounts apart from the mortgage payment.

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There are no financial links to my accounts apart from the mortgage payment.

Before that time the payment was maintenance of a lower amount.

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Before that time the payment was maintenance of a lower amount.

 

Got through to cab, they say they can help going Friday

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That's good. In the meantime hopefully people here will post.

 

 

HB


Illegitimi non carborundum

 

 

 

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That's good. In the meantime hopefully people here will post.

 

 

HB

 

Thank you, from what the lady at cab said earlier I could still be liable for overpayments as my daughters dad is the last person that should have helped despite being a friend

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She could be right, but that isn't how it is in real life, is it?

 

 

HB


Illegitimi non carborundum

 

 

 

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She could be right, but that isn't how it is in real life, is it?

 

 

HB

 

Sadly not, just hoping all my bumph has got to hmrc the tracking has it stuck being collected and signed for in Wolverhampton?? Was supposed to arrive before 1pm.

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Before that time the payment was maintenance of a lower amount.

 

Ive checked Experian and its only the mortgage that shows on my credit report

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Anyone?

 

 

Posted 1hr 39min after a post at 07.05

If you want instant advice you may have to go pay for it, the VOLUNTEERS here might have other calls on their time than giving immediate responses, like their day jobs, and other vagaries of life.

Do you have (or can you get from him) any documentation showing the latest point at which you hadn't started again living as a couple?.

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Apologies it had been a long night. No, he's never paid any bills. The only documentation is the mortgage. We never had any joint finances relating to here. Ive always paid everything as I have huge insecurities relating to being in control. It was always my house, my bills. Expected him to leave at any time due to my me tal bealth problems. We broke up pretty early in the relationship then became friends

Edited by Hollerz

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Apologies it had been a long night. No, he's never paid any bills. The only documentation is the mortgage. We never had any joint finances relating to here. Ive always paid everything as I have huge insecurities relating to being in control. It was always my house, my bills. Expected him to leave at any time due to my me tal bealth problems. We broke up pretty early in the relationship then became friends

 

That wasn’t what I asked, though.

Do you have (or can you get from him) any documentation showing the latest point at which you hadn't started again living as a couple?.

 

If you aren’t going to engage with help: good luck.

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That wasn’t what I asked, though.

 

 

If you aren’t going to engage with help: good luck.

 

Then I misunderstood you I’m sorry

Edited by Hollerz

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Then I misunderstood you I’m sorry

Have no joint documentation to say we have ever been living together I didn’t claim as joint and never have.

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Do you have (or can you get from him) any documentation showing the latest point at which you hadn't started again living as a couple?.

 

Trying again, in case it helps others help you.

Up to what point in time can he show he wasn’t living with you?.

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I’m still not making sense am I?

I will get back to this in the morning, 48hours awake is making me brain dead

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He moved jobs in November and he was lodging with friends. He's just told me he put my address on the new payslips though...but can get a letter from who he was staying with

Edited by Andyorch
edited

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He moved jobs in November and he was lodging with friends. He's just told me he put my address on the new payslips though...but can get a letter from who he was staying with

What documentation would I need?

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Seeing cab on Friday, going to docs in the morning....the more I’m reading the more paranoid I’m getting, please may my posts be deleted ? Looks like a lost cause to me

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