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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.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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hrmc / dla and motability


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hello there

my dad has a motorbility car using the higher rate mobility component of the dla, due to various medical problems

 

he has last week gone into hospital after having quite a bad stroke

 

currently, I am using his car to take family members to visit him in hospital, after an enquiry to check this was ok - motorbility say "Provided your dad is deriving material and/or practical benefit from the car and has access to it when required, he does not necessarily have to be present every time the car is used. For example if you do not have your own transport and you are using your dad's car to visit your dad or you are taking family members to visit your dad on a regular basis, he is receiving benefit from his car" mean that yes its ok for this use, I do have my own transport btw.

 

but in some of the leaflets about stroke we have seen, it says dla will stop after 28 days - will the payments for the mobility car also stop? / car have to go back? I can foresee he will be in hospital for a while.

 

thanks for looking

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Hi

 

My mother sadly no longer here had a motability car and when she was in hospital we had the same concerns about the car and they could not be more helpul at that time and as my father drove they just immediatley added him to the insurance and classed him as an additional driver but we made sure everything was in writing to basically be on the safe side if anything happened with the car.

 

I think you need to contact Motability and get it in writing that you are allowed to drive that car.

 

* They insure via RSA and RSA do need to know if there are any additional drivers of the vehicle for insurance purposes. So you would need this in writing from Motability that you do not require to inform RSA that you are an additional driver of the motabvility vehicle.

 

* They do have a policy on additional drivers but in hospital circumstances its always best to be open and inform them of the circumstances they will do there best to help you but please ensure you ask for it in writing to keep you on the safe side especially with the insurance.

 

Here is a link to Motabilitys Website: www.motability.co.uk

 

On there website at the top Click Car Scheme

Look down the left side for Customer Zone and Click

Near Middle of Screen Click Nominated Drivers

 

That Info may be useful

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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the insurance part is sorted, I have been a named driver on the policy for two years

 

its the dla stopping and possible loss of the car should he stay in hospital that is of concern - mainly to my mum at this stage, am sure that when he comes out of hospital we will need that car more than ever

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The answer as per this link to the NHS advice site is that no, Motability will continue even if the hospital stay lasts longer than 28 days.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 4 years later...

My Dad who had a stroke in 2011 has a wheelchair car that requires me to drive, to get him about,

 

 

he has moved into a care home and I have a letter from the council saying his DLA must now stop

- I thought Motability was part of it

- will he lose his car?

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Hi,

This is from the Nidirect.gov website.

My understanding is that from what you say above, the Mobility Component should not be affected unless the Local Trust is helping pay for it.

You really need to clarify the funding arrangements, in order to be sure. I would also speak directly to the DWP and not just take the Councils word.

 

Residential care and nursing homes and benefits

 

A permanent or temporary stay in a residential care or nursing home can affect your benefits. Below are a list of benefits and how they may be affected if your stay is permanent or temporary.

Benefits and home fees

 

If you are receiving benefits and your circumstances change, you need to tell the Social Security Agency. You will probably have to contribute most benefits you get towards your home fees.

 

Moving into a home should not affect the mobility component of your Disability Living Allowance (DLA). It will also be disregarded when your local Trust is calculating how much you should contribute towards the cost of your care.

 

If your local Trust is funding your residential care or nursing home fees, both the care component and the mobility component of your DLA may be affected. You should contact the office that normally pays your DLA for further information.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Should you happen to loose the DLA MOTO component then they normally take the car back 28 days after the DLA stops.

 

I must add that the Motobility Car people are thoughtful people and when we had to give up our Moto car they allowed us to keep the car another 2 weeks after the return time was up as my wife's Mother died shortly after my wife lost her DLA award. They did this so we could still have use of a car for the funeral.

 

I was told by the person who came to collect the car that they take the cars straight to auction now, So I guess that's why there's so many 3 year old cars on the forecourts of garages now. I was also told that there's is the chance to actually buy the car from them (not sure if this is true)

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Have Motability been informed they are in a Care Home as you may need to inform them, see this link: http://www.motability.co.uk/cars-and-wavs/customer-area/your-agreement-named-car-drivers

 

If none of the named drivers live at the disabled customer’s address, or the disabled customer lives in a care home where a number of drivers have access to the car, we may consider fitting a location tracker. This is to ensure the customer is gaining direct benefit from the car. We will always speak to the customer to discuss this in advance of a tracker being fitted.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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