Jump to content


  • Tweets

  • Posts

    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • 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!??
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 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
        • Like
  • Recommended Topics

Advice please - Income-based JSA/DLA/Carer's Allowance


Ren41
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4950 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hello, I'm hoping someone on here can give me some advice. It's quite complex.

 

I and my husband have been in receipt of income-based JSA, having not paid enough class 1 contributions (partners in a partnership-based company for the previous 25 years). We are receiving MIP, although not yet had a letter to say how much this is being reduced by under the interest rate changes.

 

I have been awarded DLA at higher rate mobility & middle rate care, due to long term chronic autoimmune diseases. Following advice from the JC+, some months ago I filled in a JSA 6 and have been handing in medical certificates to the JC+ office, and I am classified as exempt from attending to 'sign on'.

 

I was advised by JC+ that this was the best course of action - apparently I could otherwise have moved us both onto income-based ESA, or split the joint JSA claim, or applied for contributions-only ESA and continued with the joint JSA claim. Everyone I spoke with at the DWP had a different opinion on what we could or couldn't do; the JSA 6 option seemed like the least disruptive.

 

My husband has received a letter today confirming that he will be awarded Carer's Allowance. We already receive a carer's premium in the JSA payment, & we understand that the JSA will be reduced by the amount of the Carer's Allowance. I do however have questions as to what happens next with my husband's JSA claim.

 

I understand that he may be able to make changes to his JSA agreement, given that he will be in receipt of Carer's Allowance. Are there likely to be any other changes, or other options? Should we, or will we have to, move to Income Support, and what implications are there likely to be if this happens?

 

Many thanks for any help anyone can offer.

 

Ren

Link to post
Share on other sites

He can make a claim for IS for himself and you as his partner, you should end up with the same amount of benefit, and the help you receive with your mortgage would stay the same.

He would not need to sign on but this would mean that his with stamp would not be credited.

Make an appointment with welfare rights.

Link to post
Share on other sites

Hello there. Mikey may not be around again until this evening. You would normally contact Welfare Rights [if they're in your area] through the local council helpline or website, or maybe the CAB. They're good guys, judging by people's experiences on this forum.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Thanks, Honeybee. It seems to me from Mikey's answer that the only difference in changing between JSA and IS is likely to be the NIS stamp. Could he pay it himself? I don't know how much it is - as per my original post, we have been paying class II & IV for many years.

 

Ren

Link to post
Share on other sites

Hi Mikey

 

yes, I thought I had read that somewhere.

 

Have tried to call the CAB to get an appointment, as it looks as though the welfare rights specialists work through them, but annoyingly they have a message this afternoon saying - not surprisingly - that they are experiencing a high volume of calls. It's a local number so costs money just to get the message, I preferred it this morning when I was getting the engaged tone. I shall have to try & go in on Monday.

 

We had hoped that we could regenerate our business long before this, but have been hampered not just by the recession but my inability to work most of the time, my husband's having had 3 operations in the last 3 years, and the DWP's less than helpful attitude at times. It's quite clear that no-one wants to employ people of our age and level of experience, let alone my state of health, and I was actually told once that if I was questioned at an interview and mentioned my illnesses or that I couldn't work a full day, our JSA would be stopped. We were also told that if we spent any time trying to get business going, our JSA would be stopped. I don't want to be on any of these benefits, but we clearly have to be to survive and IS looks like a better alternative than JSA, as far as I can see.

 

Ren

Link to post
Share on other sites

Hi Ren,

I cant tell you what to do in respect of your benefit claim, but I process I.S and given your circumstances with your ill health and your husband caring for you then I would say you would be better on IS because your husband then could concentrate on the most important job at the moment caring for you.

Benefit wise you would receive the same amount as your on now, if indeed your are on JSA IB based.

Its easy to switch benefit, maybe wait untill after your husband receives his benefit then the same day phone the contact centre and make the claim to IS, its should be an easy switch over.

You will have to make a claim for your mortgage again on the new IS claim and maybe fill out a new mortgage MI12, the form you give to your building society, but dont worry there will be no gap in your mortgage payments.

Good luck in your decision and if you want further help we are all here :)

Link to post
Share on other sites

that's lovely Mikey, thanks. I think the IS would be better (and yes, it is income based JSA) from what I understand; everything does seem to mess up the system though, and twice our mortgage payment has gone wrong for random reasons - the last when I claimed DLA, and our JSA also stopped, we had to chase it.When I called to enquire about it they said it always did when someone claimed a different benefit, just in case it was a conflicting benefit. I would have expected their system to be sophisticated enough to check that sort of thing automatically & flag it only if they did clash, but clearly not! We have of course been penalised because they count as 'late payments'.

 

So, call on the day the benefit arrives, not on the day he's signed on?

 

regards

 

Ren

Link to post
Share on other sites

I would phone up the day after signing then it should work out as no break in your claim. The date you phone the contact centre will the date your IS claims goes from this is called your IDOC date. When you have completed your form over the phone then inform JSA you are making a claim to I.S. Has your partner definately been awarded Carers Allowance because if he has then your claim to IS will have no problems.

The mortgage side may have a bit of a hiccup whilst you transfer benefits but there shouldnt be a gap, I would inform your building society of the change over of benefits and at least they should then be patient whilst its sorted out. They will get their payment

 

The problem with the DLA and JSA is the system. DLA put a download onto the JSA computer system informing them that there has been a new or change of rate of DLA, this stops the payment going out usually not noticed untill you inform the department you have had no money. Its not intentional these downloads are usually cleared but sometimes they are missed ;

Link to post
Share on other sites

Hi Mikey

 

yes, letter says he is entitled to CA, full award notification with detailed info will follow & will be sent on or around 25/10 - as they need to check it against JSA payments first, presumably.

 

So should we wait until then, do you think? Sorry if questions are inane!

 

many thanks

 

Ren

Link to post
Share on other sites

hi Ren,

Carers have to send a recovary for benefit to JSA before they can start paying the benefit,

So in light of this then I would say yes. Phone and make your claim the day after your husband is due to sign on after the 25th October..

In other words after the 25th has passed and after his signing on make the claim to IS

This will make your claim to IS a lot easier. You should get your first Carers Allowance on the 25th October making it live in payment whe your IS claim is made. A lot easier to process for IS as the Carers Allowance recovary has been done already.

Its hard to explain to you the recovary bit ;)

But the hard part would have been done by JSA :)

Your payday for IS will depend on the last two didgits of your husband NINO, 01- 20 Mon, 21-40 Tuesday 41-60 Wed 61_80 Thur Fri 81_99 and its paid two weeks in arrears.

Link to post
Share on other sites

Hi Mikey

 

Yes, I understand that the Carer's Allowance element is removed from JSA, so although my OH has claimed for CA back to June which is when my DLA dates from, he won't get anything backdated for that period as it's already been paid to us via JSA.

 

Let's hope it's as easy as it appears! I can see it should be as it's all DWP, albeit different departments, but I remain sceptical - I'll keep you posted!

 

Again, thank you for your help.

 

Ren

Link to post
Share on other sites

sorry Mikey just another question

 

he's reminded me that he's been asked in for a 'New Deal' interview on the 26th, his signing on day - should he r call to cancel it, or will that be counterproductive and confuse things? Should he just attend it?

 

thank again

 

Ren

Link to post
Share on other sites

he needs to sign on to get the full two weeks JSA before he makes his claim to IS. He could go to the New deal meeting and then tell them he is claiming IS from the next day, or he could ring and explain.

 

You will get arrears from the carers recovary even though its been off set by JSA. If the period CA has been backdated is from June and hes getting the CA awarded from October it works out at about £30 per week, so count the weeks from the award in June to October and times that by thirty pounds and that will give you a rough amount due

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...