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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   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.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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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
      • 1 reply
    • 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
      • 33 replies

Self Employment Income Support Scheme


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On 10th April 2020 my mum posted my Tax return for me (Computer was not working and was unable to file online).

 

I went online -  applied for the government grant : the system said 'im not eligible because I had not submitted my return. PANIC.  I called them and they advised they had not received it and I had to do it again.

 

I was self isolating on the 10th April, so Mum had to post the return for me.  She got proof of postage but cannot find it - She thinks dad might have binned it :(

 

Mum wrote a statement to whom it may concern (Shes a Pastoral Assistant at our local church) stating she had posted on said date.  this was posted together with another return.

 

HMRC wrote again and said Im not eligible "This is because you had not submitted your Self Assesment tax return by 23 April 2020"

 

I called HMRC - I kindy asked them to review this decision given my circumstances, the fact that I was following government guidelines and self isolating due to C19 symptoms, unable to get to the post office and the fact that it was posted.  Also asked them to consider several unfortunate circumstances that I have at home (single parent/kids have no father so therefore no contributions/kids in counselling following horrific trauma with their dad/child being assessed for Autism - and of course the fact that I will be unable now to work until September).  They said they would review.

 

Another letter received today again 'You are not eligible for the scheme, This is because you had not submitted your Tax return by 23rd April'

 

I called them again just now, he said there is Nothing you can do! Your not eligible and that's that.  I asked them what they needed for me to be eligible- would they accept an Affidavit from my mum ,what about a witness statement from the post office? He said all I can do is write a complaint but this wont change their decision.

 

I don't need to say what a nightmare this has landed me in. I was completely reliant on this and did everything I was advised to make sure this was sorted well in time! 

 

Can anyone assist me with a complaint, he suggested that it would not change their decision but..god I wish I could find that proof of postage!!! :( :(  :( 

 

 

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Can ask how long you have been self employed?

Are you claiming universal credit or any benefits?

Have you got any income coming in?

 

I wont be offended if you don't answer any of my questions :)

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95% of HMRC staff are working from home.  I just wonder whether your tax return has not been scanned into their document system, so it could be processed by these home working staff.

 

Agree with what you have been told. Follow the Government complaints process.  And also get your local MP involved, as that should cause HMRC complaints to be more thorough in searching for your tax return.

 

https://www.gov.uk/complain-about-hmrc

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  • 1 month later...

Update on SEISS (Self Emplyment Income Support Scheme) - my application refusal as I was not eligible as my tax return was not received by the deadline.

 

I contacted my local MP's office and they have been dealing with HMRC on this matter.

 

I was over the moon that my mum manage to finally locate the proof of postage from the 10th April and my local MP kindly sent this over to HMRC on my behalf.  When I initially spoke to HMRC on the phone about this they indicated that as long as I had the proof of postage then I would still be eligible but in HMRC's final response to the MP yesterday they state:

 

"Had you provided a recorded delivery receipt, we could have tried to trace receipt of this document as we would have had to sign for the document. Proof of posting only shows when the document was posted and not when we received it. As previously advised, we cannot be held responsible for documents held up in the post. Our system clearly states that we received this document at midday on 29 May 20. I regret therefore that we cannot overturn our previous decision that Ms XXXXXXXXXX is not eligible to claim the SEISS grant.

 

I know that Ms XXXXXXXXXX will be disappointed with my reply and I am sorry for any upset this may cause her, but we must adhere strictly to the guidelines set by the Treasury department and we cannot accept a late return in order to claim the grant."

 

To say im upset is an understatement! Ive been unable to work for months and although I am eligible Im not.

 

Whats worst is that we have turned my parents house upside down looking for this proof of posting and the amount of time taken to write letters/emails has all been a complete waste of time.

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I have located the proof of postage from 10th April when I posted my paper tax return but HMRC will still not allow me to have the self employment support grant.  The second application is now available and they are now saying that I am not eligible for this either.

 

I think its very unfair to not allow me the grant when I have in my hands the proof that i posted to them way before the deadline date!

 

 

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