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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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Jobseekers allowance and money earned from Ebay


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I am about to change my claim from Incapacity Bennefit to jobseekers aloowance because my injury has healed and I am now fit for work.

In the past I have made a little bit of cash buying and selling things on ebay.

When I make my new claim will they ask to see bank statmements?

If they do, will they be concerned about the money I've had coming in from Ebay? I know I can legaly earn £20 per week and still get my bennefit but I have sometimes had more coming in (although very little is actualy profit becasue I've had to lay out to buy the items in the first place).

Thanks for your help.

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It will depend on which type of Jobseekers Allowance you claim, contribution based JSA is a personal allowance for you and it is based on the contributions you paid in the last three years (if you have claimed incapacity for this period it may link)

 

Income based JSA is means tested, this means you and your partner (if you have one) are part of the assessment. If you have any income you must declare it, however they will only want to see your bank statements if you declare savings/capital in excess of £5500.00 as the amount of benefit you are entitled to is affected from £6000.00 onwards.

 

If you have an income each week, they do not disregard any of it, it will be taken into consideration pound for pound unless it is part time earnings or voluntary maintenance (they would disregard a small portion of this income based on your personal circumstances). You can continue to sign on even if your earnings exceed JSA but you would not rec any money.

 

Hope that helps

Edited by MONX
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Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Also remember that whilst on Incapacity benefit you should have declared any work that you were doing as, except in very limited circumstances, you are not allowed to work at all whilst on Incapacity.

 

Mentioning Ebay earnings now might have very serious repercussions if you didn't tell them before. I'm not sure how you can get around this, because obviously you do have to tell the benefits people of any earnings, but hopefully someone else will have some ideas.

RMW

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Oh I see. I didn't consider that a bit of ebay trading would be considered as work, and I thought I was allowed to earn £20 per week (profit) before they deducted anything. If you average out all my money I have never earned more than £20 per week profit.

I only ever spent about 2-3 hours per week on ebay so I guess that would be considered part time.

Edited by bigcarpman
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I can confirm that if you had received Income Support you would be allowed to earn £20 per week but I don't know about Incapacity Benefit.

 

What came as a shock to me when a friend claiming jsa wanted to work just a few hours a week (less than 10) was told he could only earn £5.00 before it had an affect on his claim. I didn't believe it and he checked with our neighbourhood office who confirmed this is so.

 

They may well want to see new statements ( I don't know for certain) but if there has been no ebay activity this might be advantageous to you.

 

 

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Ok I understand. I have a partner and am making a joint claim for both of us. Does that push the amount I'm allowed to earn up (does it double to £40)? If so I might do a bit more on ebay, I'm really strugling to survive on the benefit money and at the moment havn't seen any jobs I'm likely to get.

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Is what money you got from ebay classed as "earnings" if you were selling off a few of your personal possessions? ;);)

 

I sold a a Nintendo DS just before xmas last year (when they were all sold out in the shops). The winning bidder paid £150 for it (£70 profit on what I had paid). I needed 2 for my kids for christmas and somehow ended up with 3. I had paid for it so it was mine to sell, so could the profit really be classed as earnings?

 

We are on benefits and I can't remember being asked for bank statements to claim any benefit other than council tax and housing benefit. I assume you are already in receipt of these benefits, so you bank statements probably wont be an issue.

 

Regarding what you are allowed to earn when on JSA, I would ring and ask them. We are a family with 2 kids and I applied for a job recently and was told any wages over £20 would be deducted from our benefit. There are different amounts for different circumstances.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

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Exactly,

 

As I said earlier it does depend on a lot of things, firstly which benefit you claim and also you have to consider the time you are spending trading on ebay. To claim Jobseekers Allowance (both of them) you have to be available, capable and actively seeking work for at least 40hrs per week. If for argument sake are trading for 20hrs per week this will have an affect on your available hours.

 

You could also keep quiet about your trading and just do it on an evening therefore you do not affect your availability, however on the capital/savings (income based JSA) side of things you have to tread very carefully, you may not feel your trading constitutes a lot of money but if the profit part of the amount exceeds £5, you are in fact committing fraud if you do not declare it.

 

Having said that, Huggys boss I think if it is something you do vary rarely or once in a blue moon I wouldnt worry too much about it.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Incapacity benefit isn't directly means tested, so you are allowed private sources of income. The only restriction is on work. I'm not sure whether selling on ebay counts as work, but it presumably depends on the circumstances: trading full time would; selling a few possessions wouldn't.

 

If your selling does count as work, it is permitted work if either:

 

1) You made no more than £20 a week, or

2) You made no more than £88.50 a week and worked for less than 16 hours a week.

 

So I reckon you'll be ok unless you were trading full time.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Hi Bigcarpman

 

If your going to be upfront with them from now on.

Open a new bank account and Paypal account, close down any banks and Ebay sites that you have previously been selling on, and start afreash.

I know this may seem a lot to do, but this is just a helpful warning.

If you don't they can go back to every transaction you have made on ebay.

 

This is just a bit of helpful advice, you don't need to take it.

 

Gaz

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