Stressed OR call and not good outcome

mattannar

No I'm a field worker n work across several offices but I live 25 miles from my base so ness I travel over ths a day. Can't claim anything back ..

I cannot believe that you cannot claim mileage, the company you work for must pay you over the odds then to make up for it.

lilybankrupt

mattannar wrote: »

No I'm a field worker n work across several offices but I live 25 miles from my base so ness I travel over ths a day. Can't claim anything back ..

I cannot believe that you cannot claim mileage, the company you work for must pay you over the odds then to make up for it.

I think - but happy to be corrected - that this is fairly normal. A company will not pay for the journey to and from home and the normal place of work (or base in this case) but will pay for additional travel costs eg mileage in addition to the normal home to work journey. For example, I used to work across two sites with one designated as my 'main' site - I could claim for travel to the second site but not travel to the 'main' site as this was deemed my home to work journey.

debt_doctor

JCS1 wrote: »

Thinking aloud on this one - if your Dad paid off the finance on OH's car of £600, could you argue that if car was worth £1,600, that £600 of it was your Dad's (sort of like beneficial interest in a house) and that it would then take the car down to the £1,000 allowance?

Not too sure on this angle, so see what a few other's say.

That sounds a fair argument to me.
Seems like the examiner is re looking at the vehicles being exempt / non assets, so lets wait for the update.

DD

mattannar

lilybankrupt wrote: »

I think - but happy to be corrected - that this is fairly normal. A company will not pay for the journey to and from home and the normal place of work (or base in this case) but will pay for additional travel costs eg mileage in addition to the normal home to work journey. For example, I used to work across two sites with one designated as my 'main' site - I could claim for travel to the second site but not travel to the 'main' site as this was deemed my home to work journey.

Yes I agree with what you say about a main site etc, but you could claim to go to the other, but not being allowed to claim for any seems strange.

lonestarfan

My interpretation of how her employer treats her mileage is -: Her home to her designated named base is 25 miles one way so 50 miles return. What she does over 50 miles can be claimed. So even if she travels directly from home to a field assignment and doesn't go via her base then she has to do 50 miles a day before she is paid mileage. Home to work (designated base) mileage is the employees responsibility and there's a tax implication if she's deemed to be getting paid for home to work mileage.
I have seen people try to overcome this by asking their employer if they can have a nominated base at an establishment that is closer to their home. This is rarely accommodated as its costing the business more money.

mattannar

If that ws the case, why not renogotiate the contract and become self employed. At least that way you can claim the mileage.

josie836

I had the use of a car that belonged to my friend. She had bought it for my use but it still belonged to her. The OR needed to have sight of the invoice made out to my friend and then their was no further problem. She wouldn't allow me car expenses but allowed an adequate amount under travel expenses which effectively allowed me to keep running the car.

lonestarfan

mattannar wrote: »

If that ws the case, why not renogotiate the contract and become self employed. At least that way you can claim the mileage.

The test by the HMRC is likely to find that she is an employee so I don't think this avenue is going to be open to her. She can seek professional taxation advice but I suspect its not really a workable idea and not the most important thing to be sorting out in relation to other important issues regarding housing etc but its certainly sensible to explore ways the mileage/petrol could be handled.
There is a possibility also that she gets some good terms and conditions as an employee.
Moving back to the issue about the cars.
I don't have any experience at all in bankruptcy Sunshine2114 but i have experience of govt depts and the hoops/evidence you have to collect to support your argument and there are lots of similar posts to this. Many have examples of where they've obtained a proper valuation by a garage making sure they point out all the faults as well and secondly many posts about ownership of cars by friends and family that has satisfied the OR. Its not about manipulating the data its about getting realistic valuations and genuine proof of payment/ownership.
If the OR is satisfied with the proof that her dad bought the cars then she won't need to go to the trouble of getting valuations but it's something to have up her sleeve.
So sunshine I know all the info the OR said she wanted etc is hard work but I sense thats its more upsetting really than hard work because your dads paid for all your cars and he's in retirement i think you said ? and you feel bad about it if you have to give them up and he loses his investment.
But i can see hope in that all she's asking for is evidence from you. She's not saying no yet shes saying there's some work to be done on that aspect of your SOA. It's more work for you and it is upsetting but there is a possibility it will go your way.
If you search to board there are more examples of who people who have been able to keep their cars. It's based on the value and buying the OR interest? from what I can gather and more informed people will be along to post their experiences I'm sure.
Good luck with it all xxx

Sunshine2114

UPDATE.. Sorry for late replies getting things sorted... So OR called about cars n we had valuations by an auction house and because they old cars the said they wouldn't bring more than £1300 each so not worth it do she's allowed us to keep cars :-) found out today ... Still n sure on travel n parking costs they still unhappy.. But re all the above about mileage etc .. I live between work n my parents house n my step sons house .. So to travel to work I do 50 miles round trip a day unless I travel more than this with my company won't pay as its standard travel to work.. Yes I'm a field worker but work across 3 prisons which are all similar mileage from my home to my main base .. Yes pay is good £17k for part time so getting a job loser to home is no good as cant get the wage n I don't want to give up my role as I like my job n want to go back full time when my any at work so I'd get a good full time wage again... THANKS FOR HELP PEOPLE.. Just gotta wait for IPA info now n if they want anything frm us

lonestarfan

Great news about the cars. Very pleased for you
Hopefully you will feel a bit better about that aspect now with regards to your dad etc.