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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

sharburrys

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Everything posted by sharburrys

  1. sharburrys
    Hello guys Thank you for your response, I am sorry for the delay in response this is due to the fact that I did not have the paperwork to asnwer your question, Starting with ploddertom: 1- We are actually asking for to reclaim the funds of £8,970 which was paid under protest - you need reasons, just because it was under protest suggests you disagree whereas the actual paperwork should state what it was for. - Reasons that we specified: a- while we were on the phone with the bailiff company; we stated that they are demanding money on behalf of a dormant company. If the company is a dormant which is non trading company in governments files; the warrant which was issued with distress rules 1888 is a "void" document. A bit background abut the subject... We officially disputed the rent already and we took the landlord to the court for the dispute... it is why they sent us a baillff revengefully to finish the company off... once we paid we explained the baillif company and asked them to step back and dont interfere the problems or otherwise we will pursue the company direct.. We have got the telephone conversation records b- the amount which was charged even including of VAT on rent (for a dormant company) + the amount that bailiff invoiced is smaller than the total amount we paid We have a breakdown of rent £8,190 + £480 cost of bailliff what we were given from this rent 20% includes a VAT amount... so the total is £8,670 but anyway we were charged £8,970 - that is not a proper breakdown, are these the figures they left on the day? that is correct they left in the day and even in this £480 it is including an estimate of loading of £200 which never took place. The woman on the phone from bailiff company stated that this is the loading the car and coming to your premise apparently Then I called the bailliff company one day after the funureal... and let them know that the warrant was issued unlawfully - why? - and they have got no ground to demand this money - if the rent was owing then they can demand it - The main reason why we received the bailiff is the fact that we dispute the rent as for several reasons. What I dont understand is what is the difference between starbucks, google or our landlord? They have been questioned and given hard time by the parliament but why not our lovely landlord?? why the law and even the judge is unresponsive?? This is the common law in the UK and what is good for one; it is good for the others!!!
  2. sharburrys
    Thanks Steam but you did not answer my query about yourself? are you a legal person or you are finance person? how about the unlawful bailiff action? even if it was the case there is a discrepancy of appx another £300? so have I paid for nothing? How about the replevin action and the damage to our name and reputation? Regards
  3. sharburrys
    Hi Everyone Thank you for your message Ploddertom: 1- We are actually asking for to reclaim the funds of £8,970 which was paid under protest 2- did you receive a breakdown of the fees charged? If so can you list them or have you asked for a detailed assessment? We have a breakdown of rent £8,190 + £480 cost of bailliff what we were given from this rent 20% includes a VAT amount... so the total is £8,670 but anyway we were charged £8,970 3-this if proven may be minimal, you need to provide proof? This has been proven by the bailiffs inventory list was signed by a junior staff member and is written under protest... The customer letter we provided stating the bailiff was at reception and stayed there and talked in front of the customers... he even asked if there was any cash in the till infront of the customers ALso photos and cameras are showing him staying at the reception etc... The employee letters have been provided... What else the judge would like??? 4- Then I called the bailliff company one day after the funureal... and let them know that the warrant was issued unlawfully and they have got no ground to demand this money stating that the landlord is a dormant company which the calls were recorded... They said we want the money and I paid under protest What else I can do??? Now response to steampowered... I know you have some knowledge about this subject, steam and not quite sure whether you are abit familiar with this subject in reality, but I appreciate your help and very grateful for that but my professionalism is finance and I am specialised in finance. so I am not saying I know the best but if I am given a chance I will hit the media with the evidence I have... I have insider contacts in HMRC and they have all been surprised the fact that this company's account is protected... if you are in the law industry and if you are specialised about these things I can ask your help?? Replevin action is not only limited with the damage and loss but also name and reputation Finally there are examples of piercing the corporate veil; regarding parent or actual company etc. The recent one is Lord Sumptions example in July 2013 which he explains The corporate veil should be pierced in circumstance like evasion and concealment principles... I actually told the court that I have further documents for a possible fraud... It is common law in this country; previous experience can set an example so why? tell me steam why would the DJ ignore it?? Regards
  4. sharburrys
    Thanks Dx My query is can i pursue the bailiff under "replevin action"
  5. sharburrys
    Thanks Citizen I really appreciated your help Regards
  6. sharburrys
    Dear all I am just wondering if you can help me please... In April 2013 we had a bailiff visit and as it is a commercial rent the bailiff is authorised by the landlord without any court warrant under the distress rules 1888 and he came to our business... Me and my partner were away at a funeral and he caused so much problems at work and he even made one of the junior staff to sign the documents, I recorded the calls while I was on the phone with him.. . now I took the to court action under replevin action (as the value is smaller than £10000 we opened a small claims court) our action is based on: 1- The landlord who authorised the bailiff is a non trading company and they can not claim the whole amount such as VAT. 2- The bailiff took more money than their invoiced amount and their fees 3- The bailiff ruined our name and reputation in front of the customers so we want compensation. Our case was struck out based on there is no ground to pursue this matter. then we filled n244 form to reinstate the claim and then we ended up being force to pay the defendants £1000 legal fees and then we provided the fact that the defendant is misleading the court with false documents and our documents are taken from the governments library and the court said still struck out.... Please can anyone give us any advise... I am so frustrated.. .. I am blatantly telling the judge these guys are doing fraudulent activities with the landlord and the judge is still not interested??? I started to doubt why then? Thanks
  7. sharburrys
    That is only granted if the applicant is wasting courts and defendants time. In this case there are geniune concerns and provided supporting evidence therefore that is out of the way; paying defendants cost? is it not?
  8. sharburrys
    Also once you charge VAT you become an active trading company. you can not state in your account that the company had no transaction in the last financial year. It is the fraud part Thanks
  9. sharburrys
    Wrong!!! 1- They are the shareholders of the pension fund. 2- They are the beneficiaries of the pension fund. 3- They even get paid dividends from time to time. more cash more dividends, more cash is more bonus. By the way if you were the shareholder of the parent company (not the pension fund) would you be happy the company covers all the costs of the pension fund as well as pay tehir employees salary? Personally I would not, because there is no benefit to the company... I think we are looking at the wrong jurisdiction In the UK - everyone agrees the fact that it is not ethical there are loop holes about the tax, one of which is Gibraltar, or cayman islands etc. They can swap money around the tax heavens but!!! once they bring it to the UK boarders it is taxable... VAT charged by a UK company and it is an income generated in the UK. VAT has not been paid to the HMRC very straight forward case. Unless you give me an example of how you expect to see or the judge expect to see a VAT fraud? well I can tell you the public would love to see this as VAT fraud especially when it goes to the media?? You still have not answered my question: can you please send me a link stating that a dormant company can charge VAT on the income from properties using the group VAT number, please show me the opt to elect VAT on property for dormant companies coming back to the case... Assume that I opened a case against the real landlord, and I won the case. and the landlord said fine but we dont have any assets or we are a dormant company? and they are not paying... so what is next? what will your advise be? we came back to the same square that we started from? Regards
  10. sharburrys
    I think there are 7 other guests watching this thread; I think they have got the message
  11. sharburrys
    Answer to your last question: nobody wants to put their hand in dirt... there is possible tax evasion and a possible prison sentence based on fraud... so sometimes they want to know who you are and how you can find all these info?? so they send couple of people to watch you
  12. sharburrys
    the answer to your question is ( I left it till the end because I knew that you would ask it like a normal human behaviour) The pension fund states in their accounts who owns C and X (bear in mind) The company has not traded during the financial year and there has been no income or expenditure therefore no profit and loss has been prepared ... Wakey wakey... now we are in business are we not??? Second question you asked why they have sold?? Because the political pressure that I put on HMRC; they have been pressurised to close this matter smoothly... so if they sell and empty the entity HMRC can not demand from the parent company like me because of the corporate veil.... I doubt it if HMRC will bother this will be the end of the story... such a shame another company could not survive in this current climate of economy... but thank you very much for the VAT which increased their income and pocket money by 20%.... so you tell me how the VAT goes to HMRC??? the money goes to E remember? E has a bank account in Gibraltar as well (which I found out) Natwest operates in Gibraltar and from Natwest to Natwest accounts no transaction fee applies upppss I did it again I meant to say the landlords account is empty what money are we talking about??? Has anyone seen any funds in the UK? so why paying HMRC come ooon forget it; we like Gibraltar it is nice and sunny who wants to keep their wealth in the UK in a cloudy weather:) Regards
  13. sharburrys
    Also in what part of HMRC's rules stating that a dormant company can VAT on property?
  14. sharburrys
    Thanks Steampowered I really appreciated your explanation first of all: when I opened the legal case was back in May time they tried to strike out our case however the judge held it until a hearing october 2013 in the meanwhile the premise was sold in september and they sold 2 other industrial complex as well... we have not signed anything yet but we received a letter and a welcome pack.... Secondly: The link you sent me as for trading members of the group now let me give you an example; Parent company: A pension fund trust: B Dormant company: C Another company in the group: X Management agency : D Monies collected in the account of a company : E C is owned by B, B is a pension fund trust and therefore C is not a subsidiary however it is an investment of B C is not trading... in their accounts it states 0 turnover. C does not have even a bank account. C does not pay tax PAYE or VAT as dormant, C has 3-4 assets worth £200million C is run by the company of X and X is an active company and owned by B again ) X has tax liabilities as well as assets and employees etc. X (hires on behalf of C ) an agent called D D is invoicing on behalf of C but using the VAT number belongs to A D is asking all the tenants to pay directly to E E is a separate Ltd company and run by the same directors of E All tenants pay to E every quarter rent + VAT Now C is a dormant who does not file accounts and states in their accounts as 0 transaction Therefore B does not show in their accounts any transaction by IAS 27 consolidated end of year account so when B files their accounts their accounts have been line by line consolidated in the parent company's account of A but in the first place C did not consolidate the account into the B's end of year consolidated accounts So thank you very much uncle Brown (now uncle Cameron) 20% extra income for the pension fund, as they worked so hard:)) it must be a surprising co-incidents but; since I opened the cases 1- I have been threatened by bailiff actions and I paid bailiff off for stupid reasons as they can do it because commercial lease is not regulated and under distress rules no courts permit needed... 2- After paying the bailiff off for unreasonable demands of money; I have been getting phone calls 3 times a week whether I would consider to sell our business??? 3- The property has been sold with other properties and the company seems to be ready for folded 4- In front of our premise there has been 2 -3 cars for different weeks sitting and watching our business for 2 weeks Regards
  15. sharburrys
    Ok. 1- who owns the property. The landlord - dormant company owned the property up until we took the legal action the property was sold in september 2013 and they used to own the property from 2005 until sept 2013 2- who do we pay rent or who did we use to pay rent to? The management agent who is appointed by the parent company of the landlord, was collecting the money on behalf of the dormant landlord. and this management agent had a sister company of another company who is run by the management agents directors (same directors of the management agent) and we were asked to transfer the rent every quarter to this sister company. This sister company has also branch in Gibraltar Now we pay the rent someone completely different as the premise has been sold... 3- why tax evasion? because you can keep your company (subsidiary) as dormant to avoid corporation tax but if you are owned by pension funds you can not be a subsidiary. also once you start charging VAT you can not be dormant too... VAT and PAYE is completely different than corp tax.... finally we receive invoice from the management company in the name of the dormant landlord with a VAT number of the parent company (not the pension fund) and stating that they opt to elect vat?? this dormant company who is owned by the pension fund is not a subsidiary of the parent (it is owned by the subsidiary of the parent company) so you lose track so does HMRC and everyone etc so what do you think? Is there anyone who is brave to take this case??? yeeaahh you are right it is too complicated even for HMRC...have you ever checked the attrition rate of staff members in HMRC? do you know how many of them are fired due to bribery from big corporates?? any advise now? Regards
  16. sharburrys
    The company has no assets left as they sold £200million for the estates. and no they sold the property. The court case with landlord and the parent company which was taken jointly is still alive but it is a completely different case. The action which I took against the parent was the breach of covenants of repair...this causing us damage on the property and financial loss... Now the other thing is: this dormant company (the landlord) has no bank account even all the building insurance and any other transactions to related matters are all done in the name of the parent company... It does not matter how small or big. we are talking about a possible tax evasion of £20million per year and appx £160million for the last 10years. so it all adds up... Even the contact in HMRC said that they have never seen such thing like that in their 16 years experience in HMRC.. so the only action i can do is taking the landlord to the court for the same reason? Regards
  17. sharburrys
    Even if i take the case against the dormant company... the company has no assets left and no income obviously... so even if i win what will happen?? thank you very much judge we are folding the company good luck... Is there anyone who can help me ? what is next?? regards
  18. sharburrys
    Hi everyone I think I could not explain it properly... I asked the judge to pierce the corporate veil based on "evasion principle" Guys I think I could not explain it properly These guys are owned by a big corporates pension fund (as a normal ltd) not a trustee... They charge VAT on top of rent and their status in the companies house is dormant... I involved my connections (political and professional) includes in HMRC and the companies house; their accounts shows that there has been 0 transactions since 2004 until 2013.... Why do you think that they have sold 3 whole complex of industrial estates straight away we opened the court actions.... These guys are not within the accounting standards and my connection in HMRC told me that their accounts on HMRC's system is protected by a higher pin code... Come on everyone dont be so naive... All I need is to expose them to the public and get my loss back... The judge could have done it as they have the power to do so and I explained him about the tax evasion even their barrister said "I am not quite sure what it is as I deal with litigation not tax" they all know the case but did not want to do so.. Caro; it is non-sense there is no legal cost as the case was opened after 1st April and it has been allocated to the small claims court... the only cost they can request is their travel expense Regards
  19. sharburrys
    sorry I meant why do the DJ Not pierce the corporate veil?
  20. sharburrys
    Hi Caro Thank you for your prompt response... The counterclaim was taken against the second action that we have taken and on that action we have taken both parent and the dormant company and they obviously try to strike out the parent and they took counter claim with the dormant company... It has been allocated to the SCT by Northampton to our local area however we have not heard anything yet.. Very strange enough since we have been receiving 3 calls a week whether we would like to sell the business Also what are we going to gain the company (dormant) sold £200million assets so it is empty now what are we going to gain??? Why do the DJ pierce the corporate veil??? There are so many cases I have shown as sample but he refused to do so??? Left so many question marks in minds?? Regards
  21. sharburrys
    Hello Is there anyone can guide me in terms of what my options are? Regards
  22. sharburrys
    Hi Citizen Thank you for your prompt response. I am so frustrated as we tried pretty much everything. We stopped paying and we received a baillif under the distress rule without a court order as it is a commercial lease.... The company looks all fine on the paper but once you go in to the details; everything is completely different; I requested the company's (landlord) accounts since 2004 no transactiion has taken place obviously I know that I am paying and the rest of the tenants, We are talking about the biggest oil giant in the UK... We even contacted HMRC... They seem that they are doing something but internal contacts told us that their (the landlords) account is protected by higher pin numbers in HMRC's system.... Come on is there anyone not intersted in our case??? Why starbucks or google but not this oil giants?? Media does not want to touch as they were all bought by this giant... HMRC?? it is a different story... contacted them in 4 ocassions gave my name and number they told me that they were going to come back and request evidence??? did they? Dont be naive guys of course the case has been closed very discreetly... Told 3 MPs and only 1 came back who took it seriously but as far as it went was a letter to the chancellor.... Come on guys is there any one in this country who can be brave enough to take this case?? It is your tax monies, my tax monies going to Gibraltar and then coming back in to big boys pocket... They are stealing from us in a way... Regards
  23. sharburrys
    Dear All I would like to update you with our court case against the landlord. I am not quite sure if I explained it previously but to remind the story very briefly: We wanted to take a legal action against the landlord based on breach of their covenants of repair and insurance. While we were doing this we realised that the landlord is an actual dormant company therefore we took the parent company whom we were getting the correspondance from as well as the managing agent. Last week we went to the court and they obviously sent their barrister and the case was struck out.... Due to the fact that the company does not have any relationship with us however they run the dormant company... I told the judge about a possible tax evasion and asked him to pierce the corporate veil as I have enough evidence to provide. he was not interested at all.... so My case is struck out and all of as sudden the premise has been sold as well as all other assets in the company have been sold as well appx £200million transaction according to their barrister in the court.... What should I do as the company (landlord on the paper) is a dormant company who has been getting appx £15million a year rental income as well as I dont believe that there is any assets left in the company? Need a little help Regards
  24. sharburrys
    There is no such specific paragraph stating an annual statement in the deposit deed however it states that the interest accure revives the tenant etc. so we have requested 3 times since April 2013 all we received is a 1 month statement from 1st February 2013 until 28th February 2013. I know that i can pursue them but wondering whether there is any other legislation about tax or trasnperency etc Regards
  25. sharburrys
    Dear All since we have been in dispute with the landlord; I realised that they have not provided us our annual statement for the rent deposit which is held by the landlords management agent. Because it is a commercial deposit it is hard to get it back and there are hardly any regulations for the commercial lease rent deposits (if I am right) I would like to know whether there is a rule or regulation about transperancy or dislosure act which I can request a statement? Kind regareds

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