London1971
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Lowell claimform - old old Provident Loan
London1971 replied to belgarion22's topic in Financial Legal Issues
This is precisely the sort of BS they tell you when you call them ! That's why you never should! -
Unknown Lowell CCJ old CAT debt - advice please
London1971 replied to isbo's topic in Financial Legal Issues
No worries, we just got a mortgage with 4 CCJ's and 2 defaults between us! Worst case scenario you might need to pay it off and wait 3 months. Very worst case scenario you may need to wait a couple of months u too the CCJ is 6 months old! Even if you can't get it removed it's not the end of the world, so don't lose any sleep! -
Excellent news and a pleasure to be of help!! The tax credit system is utterly broken. I'd not be surprised if there have been suicides over these 'overpayments'. Working people and families are being terrorised by these demands. In my opinion the process of appeal should be a lot clearer, and as for taking someone's earnings? This should be as a last resort? It's hard to believe they were so rapid in your case. You are right to ask for further compensation or at the very least receive an apology! Perhaps your MP could be of further assistance?
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Ignore any powerless DCA, just deal with HMRC !
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Hold on just a second.. You need to find out if this number is correct. Tax Credits are notorious for making mistakes. Send them a free SAR request, you will be able to check all of their figures. At the same time start an appeal by filling in TC846 available on gov.uk. On there you need to ask them for details of how these over payments occurred. Once they have written back to you with an explanation and all the hundreds of pages of data they have on you, sometimes there are mistakes big enough to fly a plane through. For example, I found that they had exaggerated my salary by £6000 and made up a phone call I never made declaring that Salary amount.. It's also worth looking through the Tax Credits COP 26, (Google it) to see if any exemptions apply to you. Worst comes to worst, then you can start worrying about repayment plans, which won't be anywhere near the ridiculous amounts they are asking for. £50 a month was a figure mentioned for my £12,000 over payment , that I managed to get overturned anyway. Also another way of paying it off painlessly is making another claim if you are entitled. They will then take the overpayments from the amount they pay you every month, so you will still be ahead !
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No one is telling you , that you are a mug ! Do not believe one word of anything they tell you on the phone at the Tax Credit Office. Most of them are so sick of being shouted at they come across as very hostile from the outset.. Also they will tell you something different every day! It's almost like they are making it up as they go along !
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I would imagine it's not HMRC direct, more than likely a powerless DCA pretending to have the powers of a Bailiff or the Police! They are trying to make you feel like you are a criminal, which you are most certainly not! You do not need to answer your door, write a letter of complaint to HMRC that you had a threatening man knocking on your door, while you were alone with your son and was terrified for both of your safety. Personally if he comes around again, just call the police, without hesitation! Next thing you need to do is start an appeal, Google how to do this. It involves to start sending off an SAR Filling in Tax credit form TC846 The repayments they are asking for are ridiculous, the reality is that HMRC will take your income into account and none of this will go on your credit file at all! I had a £12,000 'demand' and the figure of £50 per month was discussed, once I actually found someone sympathetic at the Tax Credit Office. I managed to get the whole ridiculous overpayment overturned. anyway ! I also found that once I received the SAR (500 pages!!) I found holes wide enough to drive a bus through. Someone at the Tax Credit office had exaggerated my salary by £6000! Also may I ask? Have you tried making another claim. If you are entitled to even a fiver per month, they will take it all as payment and get right off your back!! Hope this helps, any questions feel free to ask!
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Correct Bazooka Boo. The DCA is irrelevant here. However HMRC, must acknowledge all of this!
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OK, Agreed about the letters but ! To the OP make sure your GP lists the medications that you are on also, and potential side effects ! It would be very helpful if your doctor could say that the stress of being hounded by debt collectors could be very damaging . I know it sounds kind of obvious for a heart condition but you really have to spell it out for HMRC. In our case unfortunately my wife's medication for her chronic condition caused severe depression as a side effect that had to be countered with Anti Depressants. This was a big part of getting them off our back.
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The letters !Twaddle? Maybe, maybe not, . What is definitely twaddle is the size of the monthly instalments the DCA will ask for. What is Also Twaddle is that HMRC or their minions is allowed under any code of practice to harass a man with a serious heart condition
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The first stage of the appeal is sending off an SAR. Once HMRC have received this all calls from HMRC /DCA might stop.
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Regarding the car negative equity. Is that the trade in price? Could you get more money trying to sell it privately? It's easy to look on Ebay and take an average of completed listing prices for any vehicle, Also morals aside, it's worth consulting a family solicitor to understand your rights in terms of what you would be entitled to re the home. It's not like you haven't been taking care of your kids and family financially throughout!
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Just a couple of initial thoughts, Why have you not consulted a solicitor to see what your rights are in terms of what you are entitled to re the house. Just because your wife says it's all your fault, doesn't mean it is so , in law. How far are you into the PCP agreement, when can you hand the car back without penalty? I did this once when I got into trouble with a car PCP?
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Great advice here about moving the car. I moved mine a good 10 minute walk away when I was under threat from council tax bailiffs ! Couple of observations. If the OP has genuinely only owes £62 to the council and just missed one instalment, i can't even work out how many hundreds of percent interest the fees equate to. Bear in mind that local councils are already getting a lot of bad media attention about being way too heavy handed with the bailiffs, I would suggest emailing / phoning 1. your local elected councillor 2. Your elected head of council 'Don't be nasty in your tone. Explain that all you want to do is pay this off, and you understand there being a penalty for late payment but this amount is very disproportionate to the debt. In fact it is causing you a lot of hardship, and plunging you into debt for at least another year'. These are the people elected to help you, I would guess you have a better than 50% chance of the bailiffs being called off. Bear in mind the head of the council has absolute power to do this. The only other circumstances you can get the bailiff fees removed is if you fall under the council's vulnerable person classification. Chronic illness? Mental illness? Disability? However a GP's note is needed for this. Also are there any CTAX discounts you are entitled to that you haven't claimed over the years, e.g single persons discount or student rate. There was a great slot on 5 live yesterday morning about this, and how people don't even know they could possibly be entitled to back dated refunds!
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Yep in this, the DCA are an irrelevance, you should be dealing with HMRC. Some things I learnt along the way. 1. They have absolutely no right to take anything more than you can afford per month off you! Even though most of the front line staff are so badly trained, and so sick of being shouted at they will not tell you that. (look at tax credit casualties, what do to as a last resort if your appeal fails). 2. Absolutely, your medical condition plays a huge part in this ! They are quite simply not allowed to be harassing you like this in your situation. In fact I would consider writing separately to your appeal enclosing a copy of your doctors letter explaining the severity of your condition and how dangerous it is that they are putting you under stress like this. 3. If they attempt to harass you during the SAR process or appeal, it's actually a criminal offence.
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Ok, that sounds excellent, but don't forget to keep your own appeal going too, and don't be afraid to follow up with your MP if nothing heard in the next 2 weeks
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Hi, yes SAR is the first course of action. Take 1 hour of your time, no distractions. Go to the tax credit casualties web site they are the ones to follow when it comes to the procedure. Then go online and read the Tax Credit Office own code of practice. Google COP 26. From your point of view it's an SAR, that will get them off your back for a while. Also you need to fill in a TC846 appeal form from Gov.uk. Part of your appeal should be your medical condition. Get Letter from your GP or consultant, listing all your medications and problems / side effects etc. Your doctor / consultant will write a letter telling them to back the hell off, send that in. For christ's sake they are hassling you with a heart condition, they should be ashamed of themselves. I got them to stuff their £12k overpayment up where the sun doesn't shine, so if you have anymore questions please ask.
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Found old Ccj - paid it - now need it shown as satisfied
London1971 replied to London1971's topic in Financial Legal Issues
Oh well, no use crying over spilt milk, I will let the mortgage broker I am using know that the judgement was satisfied and maybe it will make a difference to my rate, but I won't hold my breath on that one. -
To forewarn you the SAR will be hundreds of pages long. First place I looked was the phone call section, and the notes made by the call centre operative. Within about 5 minutes I had found that a call they claimed had happened giving an income declaration , never took place. Not only that they inflated my salary by £6000. Did you inform them that your ex partner left? If you did there should be evidence on the SAR. Right there you would have cut what you owe in half! Even if you didn't they need to be chasing him for half of this overpayment!
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Found old Ccj - paid it - now need it shown as satisfied
London1971 replied to London1971's topic in Financial Legal Issues
Sadly, this is the case. However, I might have reasonable proof the council knew of my current address at that time, but sent it to my old address anyway. If this is the case do you think I could get this judgement set aside, despite having paid it off. Or do I need to just deal with it being there for the next 4 and a bit years ! -
Found old Ccj - paid it - now need it shown as satisfied
London1971 replied to London1971's topic in Financial Legal Issues
Thanks, will sort that out ! I will ring the county council tomorrow to try and get a receipt -
Hi all, I'm not sure if this is the right thread, but I rang Northampton Bulk about one of my CCJ's issued back in January '16. Turns out it was from my local county council for an after school club Debt! Naturally I had no idea as this was issued to my old address, and we have completely cleared the debt without knowing anything about the CCJ. I rang the council to confirm, and we now owe them nothing. In fact it was paid off by April '17! However, how do we get the CCJ marked as satisfied? Is there a process? do the council need to inform the court or is that my responsibility? Thanks Jonathan
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Thanks for the re assurance
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It takes a while to hear anything off them, they move like molasses! Good on you going to your MP too! The DWP have caused a key worker to lose their job, without due process ! Hopefully your MP can help. Keep us posted!
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I've been sorting through some old paperwork and have realised I had a Link MBNA debt that I defaulted on in 2008 for £8,000 ! Naturally this has long gone from my credit file, but Link still have my old address. Is there still a danger of a backdoor CCJ after this long? The last payment was made in 2008 so it is certainly statute barred. It's also a pre 2006 agreement. Should I ring Link Finance and give them my current address? or let sleeping dogs lie on this one. I'm about to buy a house and don't want someone knocking on my door with a charging order at some point in the future because I let a perfectly defendable CCJ happen.
