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    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Tax credit compliance interview..


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I’ve seen a few threads on this already and unfortunately I’m in a similar situation through my own idiocy

and stupidity, 

 

I received a letter asking me to attend a telephone interview and provide statements for “ may to august 2020 “as they have information to believe “mr x” is living at the address... the interview is next week

 

Every single document they have asked for is in his name, I feel so stupid for this I was going to ring up and Cancel my award but with the pandemic and worry over income I made the awful mistake of not doing so, 

 

unfortunatey for various mental health, personal reasons i have also been claiming before this period, our relationship hasn’t been stable but we have always remained friends since we had a child together in 2015, I’m petrified they are going to ask to go back that far and the bill is going to be awful, 

 

I want to just ring up and own up to my partner living here during those dates but I want to know if they are then going to go digging for anything previous to that? 
 

what I’ve done is wrong and awful and I want to own up, but I’m so scared and nervous that if I own up to the previous few years too my bill will be so high and I will go to prison , what’s worse is that my partner doesn’t know I’m still claiming he told me ages ago to stop but life just got on top of me and I suffer with ptsd and anxiety and one thing led to another  putting it off

 

i won’t be entitled to any award

as my partner now earns above the threshold for this

 

do I just stick to owning up about the dates they ask or do I tell

them about the previous years claims by telling them the exact date he moved in

 

to compile the misery on this we decided to make a proper go of it and got engaged in January this year so it’s just another thing that they will find if they dig enough as the venue is now booked for 2022

 

im so ashamed and embarrassed by my actions i feel like there is no way up for air from all this and I don’t know which way is the best route to take, why oh why didn’t I cancel it when intended too earlier this year

 

i should add this is for claiming working tax credits, I was a bit stupid, uneducated and naive in the beginning thinking that just being in a relationship with someone doesn’t make them have to “keep” you and as I was working presumed I was still entitled, trying to keep my own finances and independence

 

Edited by pickles2k
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Just answer honesty what they ask.

 

there are no threads here where anything nasty has ever happened

lots of like threads worthy of a read

but you'll see some unnecessarily worry and worry for no real reason

 

we often see people fed by other like worry merchants where neither have a real clue of what they are stating most is BS

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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6 minutes ago, dx100uk said:

Just answer honesty what they ask.

 

there are no threads here where anything nasty has ever happened

lots of like threads worthy of a read

but you'll see some unnecessarily worry and worry for no real reason

 

we often see people fed by other like worry merchants where neither have a real clue of what they are stating most is BS

 

 

Thank you, so you think if they ask when he moved in I should state for example, “2017” even though they are only wanting may - august this year?

 

i don’t mean to come across as having no remorse I genuinely want to repay what they ask but I’m so worried about what that figure could end up being if I give away more than they are after

 

thanks so much for your reply

 

also, could someone please explain what SAR is and if I should do it and if it is looked at negatively?

Edited by pickles2k
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Thank you honeybee, I’m so anxious and petrified of the outcome of giving them further dates than they have mentioned that could lead to me getting prosecuted, I’ve been such an idiot,

 

should my partner also do a sar request?

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Don't be anxious, you aren't an idiot. If you have a read around our forum on compliance interviews nobody has got into serious trouble.

 

People who know more than me about this will comment but I'm not sure if it's worth both of you making SAR requests because I'd think the information would be the same.

 

The thing is to tell the truth, sound apologetic and they should believe you. Normally in overclaimed benefits, if there are any, you would be asked to repay them at an affordable rate.

 

HB

Illegitimi non carborundum

 

 

 

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Thanks stresshead, apologies for follow ups, 

 

so did you tell them about all the dates but they only wanted that specific date period back? 
 

if no, was there any other dates that they maybe should have known about?

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Thanks, now I’ve actually spent time to understand my stupidly mine is linked to working tax credit and child tax credit, I legitimately claimed it for years as a single parent and through past abusive relationships and my ptsd I fell in a trap of wanting to maintain my own financial independence, last year I wanted to cancel and my anxiety about doing it crippled me, 
 

if they want the entire 4 years for both my bill could genuinely be about 40k , if I get a criminal record I lose my job, I’ve just been so stupid , can’t eat, sleep, can’t even look anyone in the eyes 

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I told them I moved in In 2016. I thought it would be best to be honest. I couldn’t deal with the anxiety worrying they would find out (which they will, they aren’t stupid and can see everything once they start looking!) 

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Hi waffle, I’m sorry to once again come back with another question but when you say you told them you moved in 2016, did you blurt out your dishonesty from the get go, saying I’m sorry inlied etc Or did you just answer the questions honestly

as if you didn’t realise you were making such a huge mistake?? 
 

as you can see my anxiety with this has my brain doing 1000 miles per hour,

I just keep thinking about how I can get them to agree for me to repay without looking at jail time or a criminal record

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She just said that they are sorting out my claim because I didn’t renewal and that to do that she has to take details about my single claim, and then I just blurted out that I want to be honest from the start and I made a huge mistake. She was lovely. Everyone Iv spoken to has been tbh.

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7 minutes ago, pickles2k said:

jail time or a criminal record

 

which you will never suffer.

 

as above honesty is the best policy... 

 

Should you be asked a question that you intentionally lie upon, as has already been carefully explained here and in all these threads by everyone thats posted in this one, frightening each other to death, you must be mindful of the potential consequences now and p'haps later.

 

you should also never assume simply because bod on the phone says you must pay xyz, that you must.

an sar putting them to strict proof that can PROVE they hold the data is always a good idea.

 

numerous times in the past we have seen very large sums demanded, but later findout that it is simply a 'note' by an operator in your file who has long since moved on with no actual data to back up the claims made.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks again DX,

 

so in essence what you are saying as being honest in the review saying my oh has been here 4 years and Owning up is one thing, but then they have to prove via a sar that they have proof or evidence of this to back up that I A. Haven’t told

them previous and B. That he was living here all that time,

 

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No I agree waffle I will be as open and honest and apologetic as I can I just meant if it got official, I’m assuming it’s only recorded when it’s an interview under caution? Just a review call isn’t evidence was my understanding?

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That’s how im Planning on starting it but my mind going into overdrive, I’m not going to be able to produce the stuff they are asking for and they are absolutely going to ask me if the person on the letter lives here,

 

yes he does, then when my OH moved in, well That was 4 years ago, so it’s either lie to keep it at those dates and hope or tell the truth and drop myself in further in it , I’m so anxious I just want to get it all out in the open but the financial burden is also going to cripple me

 

i appreciate all the help

you have all given me though , I’m taking every bit of it on board

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these chaps are far greater at answering what sort of stuff is asked

but i suspect they only ask WAS your OH living for that year, not when he actually moved in

 

and don't forget, other than your 'confession' they have to have had some suspicion it was happening so their evidence existing via sar is critical to them proving things.

 

they are only asking about xxx tax years so only answer what is asked.

if they ask about other times, just say its too far back to remember clearly as the relationship or WHY was very on off etc etc 

cast doubt , make them prove it.

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

i wish you would keep to your OWN THREAD.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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