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    • You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday   Example   Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement in response to the claimants application It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond. I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.  Background Insert your pars here   Defendants Response to claimants claim/ Application Insert your points here  Conclusion Insert your points here but finish with the following. 16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)     Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed:  Print Name: Dated:
    • Thank you @BankFodder. Apologies for not being clear. Here are some further details that might help clarify: The item in question is a replica of a movie prop. I build highly accurate movie props as a hobby and these items are machined by enthusiasts in very small runs (50-100) and once they're gone, they're gone. I missed out on one of these runs but a friend from the community had purchased two and decided he only needed one so offered to sell me his other one. I bought the replica prop from him and asked him to send it to my Stackry address in USA. He is based in USA and I am based in the UK. Had he shipped it directly to me in the UK, due to the size and weight, the shipping would have been expensive. Stackry is a service in the USA that has access to cheaper couriers. I have used it many times before without any issues. I simply sign in to my account when they notify me the package is received, fill out the customs form, and select my home address in the UK, select one of the couriers after receiveing a quote based on size and weight and pay the shipping fee. On this occasion I chose GlobalDirect. I had no idea the item would be handed over to Evri on arrival to the UK. The initial tracking was with DHL e-commerce. The second tracking number on arrival to the UK was with Evri. It was Evri who lost the parcel through negligence. Below is a complete timeline of events. The item made its journey from my friend in the USA to Stackry, USA without any problems. I was notified when the package was received. The item also made its journey via DHL/Global Mail Direct from the USA to the UK without any issues. The problem happened in the UK, with Evri.   I did not take out insurance. The price of the item was £185.01 Shipping from Stackry, USA to my home address in the UK with Global Mail Direct was £17.87. Total £202.88.  The letter of claim is below. The 14 days is not up yet but I have every intention on following through. I have no priror experience with this which is why I came here for advice, but I have found the online claim form on Gov.UK and intend to start there.   TIMELINE:   Item purchased from individual in USA on 26/3/24. Payment made by PayPal. Item shipped to Stackry, USA on the same day. Item advised received by Stackry on 29/3/24. Redirected by myself to my UK home address on the same day. Payment made and selected Global Mail Direct as the courier of choice. Tracking number generated for DHL e-commerce 02/04/24: arrived to the UK and cleared customs 03/04/24: processed at local distribution centre, forwarded to delivery agent (Evri) - new tracking number generated 06/04/24: marked”out for delivery” at 08:52. No delivery attempt made all day. At 21:21 marked “on its way back to sender”.  09/04/24: no further updates since “there’s an issue with your parcel. Contact the sender”. Customer support contact via email almost on a daily basis from 08/04/24 to 23/04/24 to no avail. Letter before claim sent on 03/05/24.   03/05/2024   Letter before small claims court claim   EVRi Parcelnet Limited Capitol House 1 Capitol Close Morley Leeds LS27 0WH   Dear Sirs   Reference: Parcel with the tracking number H01PQD0027409372 / H01PQA0027204793 lost by EVRi   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.   I have been in contact with customer support numerous times since 08/04/2024. Your driver marked the item “Returning to sender” without a valid attempt at delivery. The package is since then stuck in limbo with no further tracking updates, and as of today 03/05/2024 still says “on its way back to sender”. I have spoken to your representatives many times and they did not offer any help trying to track down the missing parcel or offer me any option for compensation. I have explained that I am both the sender and the recipient, and I am therefore within my rights to claim compensation for this missing item. I have full records of the item from the point of purchase, to its journey with DHL in the USA, and with EVRi in the UK, until it was lost in the system. The value of the item including shipping is £202.88.   From you I am claiming £202.88 paid in full to compensate the price of the item (£185.01) plus international shipping (£17.87).    Listed below are the documents on which I intend to rely in my claim against you: Screenshots of transaction made with the original seller of the item, including photographs of the item and Paypal transaction. Screenshots of the item received by Stackry in the USA and shipping cost via Global Mail Direct to my address in the UK. Screenshots of tracking with DHL Screenshots of tracking with EVRi Email correspondence with various customer support members at EVRi     I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.  In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.    
    • Hi All, Just a quick update...........nothing to report - no contact from ParkingEye or BPA as yet. I am sending a complaint to the ICO today as suggested as the others have had more than enough time to at least acknowledge receipt of my requests / complaints.   Thanks to all. T.
    • Dear (insert Name) Will you please confirm in writing payment of £xxxxxx is accepted as full and final payment of rent arrears for commercial lease (insert dates) for rental on  property (insert address) and please provide a receipt of payment. Yours Sincerely 
    • When you get chance please upload a redacted copy of the agreement and also this termination notice included within the LBC.
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice about pension credit and savings allowance


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hi

I need some advice regarding my finances please.I have recently been awarded pension credit Guarantee Credit.at the moment I have just about £2000 in savings and this has been declared.but I am about to sell my house and buy a smaller property this will leave me with around £25000 over from the sale.as I understand it there is no upper limit to savings as far as council tax benefit is concerned.

as for the pension credit I receive just under £12 on top of the state pension to make it up to the Guarantee ammount of £137.35 a week.

my question is I will need to spend some of this money getting the new house sorted ie: replace kitchen.new roof. new boiler, replace carpets etc I estimte I will spend at least £12/£15000.plus the actual moving costs ,legal fees etc

so I expect to be down to under the upper savings limit within a year or so , will they consider i have deprived myself of the money in order to qualify for benefit.I am not really sure what is considered reasonable spending.

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It would be best to contact the Pensions service

and ask what the implications are.

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There is something about the money being ignored if it's being used to buy another property.

 

With deprivation of capital, they will look at whether it was done on purpose to claim benefits. It's not just a case of "My savings have gone down" and they claim you've deprived yourself of capital.

 

You need to keep receipts.

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There is something about the money being ignored if it's being used to buy another property.

 

With deprivation of capital, they will look at whether it was done on purpose to claim benefits. It's not just a case of "My savings have gone down" and they claim you've deprived yourself of capital.

 

You need to keep receipts.

 

Thanks for the reply, yes I will keep all receipts

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It would be best to contact the Pensions service

and ask what the implications are.

 

Thank you

yes that is a good idea in theory but in practice I have found I have rung them with a question and have been told to ring another number then another etc untill I have had to give up frustratd.

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When you sell your house you will need to do a change of address with the Pension Service.... On the form it asks if you owned your former property, They will then ask for a redemption statement from your solicitor, to show the sale and purchase of your new property... Also a statement from the bank account to show the balance left being deposited...

You will have bought and sold a property so I dont know if the capital will be disregarded even if you say its for essential repairs, that would be up to a decision maker.

Bit if your claim is closed and you spend the money on improving the property, keep all receipts, invoices etc.

When you make your claim again before its processed a deprivation of capital decision will then be done

 

If you intend to spend the money in the manner you have described I cant see a problem, if they are essential repairs, but it would be up to a DM to determine if they will be classed as essential or non essential

good luck with the move, a stress in itself :)

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I'm not certain for Pension Credits but for IS and JSA if you sell a property and have capital from the sale as long as you intend to purchase a further property using that capital it can be ignored for a peiod of up to 52 weeks but this does have to agreed and decided by a decision maker.

If you have essential repairs that are needed then there shouldn't be a problem as long as the cost is considered essential and reasonable, make sure you get the usual number of quotes to get a competetive quote from someone you would feel comfortable with too.

If the capital is not used within the 52 weeks it is then treated as capital which could potentially put you over the capital limits.

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When you sell your house you will need to do a change of address with the Pension Service.... On the form it asks if you owned your former property, They will then ask for a redemption statement from your solicitor, to show the sale and purchase of your new property... Also a statement from the bank account to show the balance left being deposited...

You will have bought and sold a property so I dont know if the capital will be disregarded even if you say its for essential repairs, that would be up to a decision maker.

Bit if your claim is closed and you spend the money on improving the property, keep all receipts, invoices etc.

When you make your claim again before its processed a deprivation of capital decision will then be done

 

If you intend to spend the money in the manner you have described I cant see a problem, if they are essential repairs, but it would be up to a DM to determine if they will be classed as essential or non essential

good luck with the move, a stress in itself :)

 

Thank you very much for your reply it is very helpfull . so as I understand it there are no hard and fast rules it will ultimatley be down to a DM to decide wether or not I would be allowed to update and replace kitchen ,carpets etc.

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I'm not certain for Pension Credits but for IS and JSA if you sell a property and have capital from the sale as long as you intend to purchase a further property using that capital it can be ignored for a peiod of up to 52 weeks but this does have to agreed and decided by a decision maker.

If you have essential repairs that are needed then there shouldn't be a problem as long as the cost is considered essential and reasonable, make sure you get the usual number of quotes to get a competetive quote from someone you would feel comfortable with too.

If the capital is not used within the 52 weeks it is then treated as capital which could potentially put you over the capital limits.

 

 

Thank you for the reply .I will not have the full ammount from the sale of my house as it will go instantly towards the purchase of the smaller house.but I expect to be left with a surplus of around £25000 of which I will probably spend £12/£15000.

so if a DM says I should not have spent the money on the house what happens then ? is there some sort of timescale aas to when the money would have been considered as used in the meantime.

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Thank you very much for your reply it is very helpfull . so as I understand it there are no hard and fast rules it will ultimatle work, be be down to a DM to decide wether or not I would be allowed to update and replace kitchen ,carpets etc.[/quote

 

Yes it would, after the sale and purchase of your new property they might if you state the remainder of the capital is to be spent on essential repairs disregard the capital to you have completed the work, but they may decided you have capital www.scottishlife.co.uk/scotlife/Web/Site/Adviser/TechnicalCentralArea/Rates&FactorsArea/PensionCreditArea/PensionCreditHomePage.asp

 

This may then close your claim. You will then complete the work and spend the capital doing the work

 

You can make a claim as soon as you qualify again, ie you have spent the money

but a deprivation of capital decision will be done,

 

if the spending of the capital is classed as non deprivation, in other words you needed to spend it to make the new home habitable, or esential reapairs, etc, its hard to define :)

then a decision will be made and your new claim paid.

 

But if is deemed you have spent the money to gain entiltlement to benefit then notional capital will be assumed.

 

Say for esample you spend 10k on a hand made Italian leather designer suite, then the DM would say even though you had spend that money, you had a choice you didnt have too, so then capital 0f 10k would be assumed on your claim. Case controls are then put on your claim and every three month or so it goes down in batches of £250. So three months later £9750 would be assumed and so forth till its gone, may take a few years. This means that they would treat you as having 10k for example when you hadnt really because you had spent it on the suite.....

 

So you can reapply as soon as you have spent your capital.

 

Just keep your receipts etc for everything ready for the decision

Edited by MIKEY DABODEE
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Thank you for all the advice,I do have 1 other question I read somewhere ( I think on these forums ) that if you come into a sum of money, you can not pay off your credit card debts in full just the minimum amount each month.does this rule also apply to pension credit ? as I do have a longstanding credit card debt due to having to use it for day to day living.

Edited by beenjamin4
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Hi, Is this the guaranteed element of pension credit?

Can you please explain a little more??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Are thinking about offering a variation on

the minimum payment required by the

agreement for instance £1 per month?

If so you should be aware that this would

mean that the account would be closed and

a default can be entered on credit files even

if the reduced payment is agreed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have never heard of that rule. after the sale of your house and you have your surplus, if you paid off your credit card, then the DM would look at it when making the deprivation decision.

I cant say they will go with non deprivation on this but I have seen lots of decisions where they have treated repayments of credit cards as non deprivation of capital, in other words allowed it

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