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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. 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.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Advantis, overpayment of tax credits but I don't claim tax credits


kp278

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Hi,

I received a letter from Advantis today 'We have been asked by HMRC to contact you on their behalf as their records show there was an overpayment of your Tax Credits.'

I definitely haven't claimed any tax credits since 2015, and I don't recall claiming any myself before that.

My (ex)wife and I have kids and we split up in 2015, so it's possible I was benefiting from tax credits back then

. (My wife would have for sure been claiming benefits as she was a stay at home mum.)

I  didn't receive any letters from HMRC before the letter from Advantis, which is again making me think it's from my past and they had an old address.

Currently on hold to HMRC, 56 minutes and counting 😕 I think it's time to hang up and write them a letter.

Thanks, Kristian

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you ignore a totally powerless dca!

Programmable Search Engine (google.com)

Clickme^^

 

you should know this

 you've dealt with them before and you are not exactly a newbie here.

put that phone down!

 

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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yes indeed, I was on the phone to hmrc not advantis. I can't avoid hmrc :)

edit:

I should clarify that I'm not concerned with Advantis, I can dispute it with them (I notice there is no email address on their website, unsurprisingly)

but more concerned if anyone has received a bill for tax overpayment out of the blue and if there is a recognised process I should follow - a SAR perhaps, or just write to them asking the obvious

Thanks!

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email is admin@advantiscredit.co.uk

 

Still better to write to them by post, however. Emails are just free spam for them.

We could do with some help from you.

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YOU IGNORE advantis totally!!

goto the hmrc website 

search for SAR

fill it in.

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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  • 1 month later...

Hi, I had a response to the SAR today, from HMRC Call Retrieval Team. Attached.

No data provided (aside from a list of call dates and times between 2009-2015.) I didn't specify just calls in the SAR - should I expect responses from other teams or is this the end of my SAR request? They are close to missing the deadline.

NB: When I did eventually speak to HMRC last month they advised the debt was from 2015 and my ex-wife had been sent a letter asking for the other 50% of the debt.

Meanwhile the letters and texts from Advantis persist.

How is this likely to play out....?

HMRC can't or haven't as yet provided evidence to the debt.... so in theory they can't take action, but that never stopped the post office.....!

Should I be disputing this at any point? I assume neither Advantis or HMRC are going to disappear if they can't provide evidence and I'll need to push this at some point.

Many thanks

 

 

 

 

new doc 2024-01-25 20.33.22 (1).pdf

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normally comes in 2 bits from 2 diff depts

i know this thread is long an incredibly tedious as the user ....well ill say no more 

but it explaims many things you need to know

like old outsourced agencies.

TBH 9/10 for a debt of that age they have no data.. simply a line from one of these external auditors that say £xxx owed. doesnt mean you owe anything.

if HMRC cannot show the ACTUAL DATA that proves you owe, they'll go away.

thats why they've used a powerless DCA ...who 99% of people think are BAILIFFS

a DCa is NOT.

dx

 

  • Thanks 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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  • 4 weeks later...

Nothing for a few weeks, Advantis seemed to have gone quiet.

HMRC responded to the SAR request with a fat envelope of paper but I can't calculate anything from it.

Is it fair to say that if HMRC come calling again I should demand to know how they reached this figure... after all, some evidence that I owe the money would be nice

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well you need to study the sar return and work it out,

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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Share on other sites

Hello, I have been through this, here is how this will ultimately play out.

1. They can and will go back so far that you don't remember. They were chasing our Tax credit overpayment from 2009

2.  Check through the SAR carefully they will likely have made (some) errors in your favour

3. It is VERY likely you do owe them something it was very easy to not realise you were being overpaid

4. They Will send you demands for ridiculous amounts demanding you pay.

5 They will threaten to attach your earnings etc.

 

In the end I just give them £25 per month on a £5k debt, it was that easy, it really isn't the end of the world.  Use the SAR to establish what you really owe, then ring them to set up an agreement.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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