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    • Appreciate your swift input and amendments! I've reworded some of it (and will likely reformat the page a bit before printing to make it neater) but I've included the majority of your suggestions. Let me know what you think. Would you recommend I email this to the individual who declined the compensation as well as sending it by post? Cheers Switch2 - Letter of Claim v3.pdf
    • I suggest (change in red) -   The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  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. 1.  The Defendant is the recorded keeper of [car reg no]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6. The Claimant is claiming an unlawful amount of interest.  The dispute between the parties concerns a disputed, unpaid invoice, issued on 6 January 2025, on which it is written "Payment to be made by 06-Feb-2025".  Yet the Claimant is claiming interest from 4 January 2025.  7. The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Okay. That sounds a lot better. Hopefully you now realise that the third party rights act only applies if you have used a parcel broker but you are trying to sue the courier company directly. So because you contracted directly with the courier, you are going to sue them directly. By using insurance or prohibited items or non-compensation lists, they are seeking to exclude or limit liability for failure to exercise reasonable skill and care – and of course this is contrary to section 57 of the consumer rights act and in fact the insurance that they pressurise you to purchase amounts to a secondary contract under section 72 of the Act because it is a prohibited secondary contract which is attempting also to limit or exclude liability for failure to exercise reasonable skill and care. The prohibited items list is an unfair term as you have already pointed out. Even more significantly here not only are they saying that it is prohibited – but they are saying this despite the fact that they were very happy to take your money in respect of insurance. These people are stupid and dishonest. But also now they will abuse the County Court system by making you jump through the hoops because it costs them scarcely anything at all to use up the County Court system because it is a publicly funded taxpayer resourced system of justice. They don't use this to obtain justice. They use this simply as a means of debt avoidance to try and frustrate their customers legitimate claims.   Okay I've made a few amendments – and also I've added a further head of damage for unfair trading which could give you a next your little bit of money and also an extra little bit of leverage. Please have a look. See if you are happy with it. If you want to take anything away. If you want to add anything. If there is anything which is incorrect – and post up the final draft here please for a last look.
    • Nope, not yet filed, have it in draft but was going to leave it a little while until nearer the deadline 🙂
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello

 

I was wondering if anyone knows about the process by which HMRC ratify/evaluate tax credits claims.

 

It is clear I would be eligible for working tax credits as I do more than 35 hours work a week and my income/profit levels (I am self-employed) mean I would be eligible also.

 

I have looked in to it and it is clear they would make an award based on my current year's taxable profits (my income/profit level for last tax year was just over the limit for eligibility), and that I would be eligible for 3 months backdating for a claim also.

 

The points I am wondering about are simply to do with other aspects of the way the tax credits people would evaluate a claim from me.

 

Naturally, I would want to avoid receiving an enquiry or queries from the tax credits department - which like the HMRC's in general when they do this (ie when they do this on a tax return they have received), could be time-consuming and cause a lot of anxiety/stress (even if resolved ok in the end...). What makes me wonder about getting an enquiry/queries is to do with my not having claimed housing benefit or council tax benefit in the last two years (ie, the two years they would look at when validating my claim to tax credits; they would look at my position for the previous tax year and the current tax year...). I gather - someone told me - that if you claim tax credits this information gets put on the DWP's Customer Information System (CIS) database and so from looking at this (if that is what they do...) they would see this. I suppose, trying to look at things from their point of view at the moment, looking at new claims, my *not* having claimed housing benefit/council tax benefit might raise questions about how I was able to live in these two tax years – if my income level has been low (in the current tax year, making me eligible for tax credits…). I guess (again, trying to think of it from their point of view) they could see the lack of housing benefit/council tax benefit claim from me as signs of potentially ‘under-declaring’ my income for these two tax years (since they might think I would need to have more income to survive, if I wasn’t claiming housing benefit…). So, my lack of claiming these other benefits, at the least might seem ‘mysterious’ to them and raise these kinds of question.

 

That said, however, it’s important for me to add (obviously) that my income level is entirely and absolutely correct; the only reason I didn’t claim ‘other benefits’ to help with housing are that a) I was moving around a lot and living with friends at various points, and living as a lodger at some points also (where a council tax element was included in the rent); and b) I have a personal kind of attitude about claiming other benefits and was wanting to avoid this if at all possible.

 

So it would be ironic if my position did lead to an enquiry/queries, through not claiming anything else in he past two years and looking a bit ‘mysterious’ as a result…

 

So it all depends on how they actually assess/process a new tax credits claim. If it goes through automatically, I suppose I don’t need to think (and I am sure I may be overthinking this matter!) any more about all this. On the other hand, I guess the very fact of making a tax credits claim might act as a ‘flag’ for the way your tax return is looked at…ie a flag might come up on the system meaning your tax return is looked at when otherwise it wouldn’t be. In which case I might then get the enquiry/queries from the tax return people at HMRC rather than the tax credits people.

 

So: does anyone know – really know (any experts in this area on here?!) what just making a new tax credits claim would mean, in terms of whether it leads to a flag/means you get looked in to/makes you more liable for an enquiry/query? Or is the info they would see about my housing benefit/council tax benefit position on the DWP’s CIS something that would raise such an enquiry/queries?

 

I did claim housing benefit over two years ago so they would see it coming up for that period (on CIS).

 

Does anyone know how far back the tax credits people can legitimately look at/go in to your records also? The tax return people are obviously only allowed to query something on your current tax return – ie they have 12 months after it is submitted to consider it and it is only one year they can look at (unless they were able to prove that there was a case for starting to look at a previous year).

 

No doubt this may sound like overthinking it – or paranoia even! I am just wanting to keep my life simple – indeed this has been another reason for not claiming state benefits - too much paperwork/hassle and I just want to avoid all that, preferring to live off a bit less money and feel more ‘free’, in essence.e

 

Wd be most grateful for any responses here

 

Many thanks in advance, cag

 

Trevor

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Hi Trevor,

 

I am a director of a one man limited company whilst claiming tax credits. I cannot tell you the back office stuff at the tax office, but I can tell you what my experiences have been so far with them, and what I have needed to do.

 

1. When you apply for tax credits, initially they make an initial award based on your previous years income. You can then choose to inform them of your estimate for this years income. When they receive this estimate, they then adjust your initial award to reflect these values. They will then pay this award over the tax year to you.

2. Just after the end of the tax year, they will then want to finalise your award and calculate the under/over payment that has been made to you. Because I operate as a limited company its quite easy for me to say I was paid X and received Y dividends so my information is readily available for their end of year assessment, and is an easy matter of fact to establish. If you are acting as a sole trader, your experience is likely to be different.

3. I use an accountant, who acts on my behalf for the limited company and my personal tax return. This has caused significant headaches in dealing with tax credits as they keep seeing the accountants address and insist that their records show that I live there, or have lived there. Because of this issue, my wife deals with tax credits, and not me.

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