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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • 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!??
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      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.  

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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.

      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
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help me take Atos and DWP to court


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Hi Again PatrickQ1 and Kelcou,

 

Apologies at being a nuisance, but the CAG PM system won't let me send a message to Tuvalu. Are you able to do the honours and email her to advise that there is a post on CAG with information that might help get the result she needs for the passing of her partner, and in a way that doesn't require her to place her and her family in financial harms way? In other words, the Health & Safety Executive and if necessary the police and CPS will, or at least should investigate.

 

Kind regards,

 

banana

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Thanks PatrickQ1,

 

Much appreciated.

 

Even if Tuvalu doesn't respond, there appear to be at least two other deaths by suicide related to the new Atos/DWP 'Medical Assessment' failings that require formal and thorough investigation. Methinks this might be a serious issue for those at Atos/DWP who refuse to 'improve' their defective 'Medical Assessment' system that on the evidence, has actual deaths in close proximity to the Atos/DWP 'Medical Assessment' et al. I have come across alleged DWP stonewalling that may very presage and end up a more serious matter than the MP Expenses Scandal. At least, as far as I know, no one lost their lives as a result of the MP Expenses Scandal. Even then the jails have MPs and Lords imprisoned.

 

For anyone curious, the fines and custodial sentences under the new Homicide Act, and breaches of the Health & Safety legislation are very very serious.

 

For civil servants and MPs, the Crown Immunity on material sections of the legislation have been removed.

 

Watch this space.

 

Very best regards to CAG,

 

banana.

Edited by Legislation Hound
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I personally do not think it will bother a single MP with regards to the suicides ,MR DS should be held accountable , but they never are they will sqirm out of it, as for expenses any single one of them who has abused the system ought to be held to account ,including MR osbourne who incedently flipped his home and also moved his money 10 mil plus to Guernsey seems he gets away with it but not others ,i do hope eventually someone does begin an action against Atosh and DWP but that is just wishful thinking

patrickq1

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Hi PatrickQ1,

 

I take your point and share your cynicism about MPs not being held to account. However, I draw a breath of fresh air from what Heather Brooke started with an almost invisible Freedom of Information request in 2005 that developed into a political maelstrom. Long story short, and it is worth reminding ourselves as we have a severe bout of cynicism, this led to one of the biggest upheavals at Westminster for centuries.....

 

Ex MP David Chaytor convicted and sentenced to 18 months imprisonment.

 

Ex MP Eric Illsley convicted and sentenced to 12 months imprisonment.

 

Ex MP Jim Devine convicted and sentenced to 16 months imprisonment.

 

Ex MP Elliot Morely convicted and sentenced to 16 months imprisonment.

 

Lord Taylor of Warwick convicted and sentenced to 12 months imprisonment.

 

Lord Hanningfield convicted of false accounting on 26th May 2011 and awaiting sentence.

 

 

On top of many of the above liars and crooks being jailed, we have the political P45s....

 

Baron Bhatia has been suspended from the House of Lords for eight months and told to repay £27,446.

 

Baron Paul has been suspended from the House of Lords for four months and told to repay £41,982

 

Baroness Uddin faces a police investigation. She has been suspended from the House of Lords until the end of 2012 and ordered to repay £125,349.

 

Ex MP Jacqui Smith stood down as Home Secretary during her partners period of taxpayer funded porn purchase. She was voted out of the House of commons in 2010

 

Ex Chief Secretary to the Treasury, David Laws recently resigned from the new government following a still live £40,000 expense problem.

 

Ex MP Geoff Hoon was humiliated in a television documentary and didn't even stand as an MP in 2010

 

Ex MP and Minister of Employment and WELFARE REFORM Tony McNulty was forced to apologise to the House of Commons and repay £13,837 in dodgy expenses. He was booted out of the House of Commons in 2010.

 

Ex MP and Exchequer Secretary to the Treasury Kitty Usher resigned her position after just 8 days, following publication of her efforts to avoid Capital Gains Tax.

 

The list of political casualties from the Expenses Scandal and related FOI issues that have come to light goes on, and on, and on.

 

Current MINORITY Government Secretary of State Iain Duncan Smith was subject to a dodgy CV expose by investigative reporter Michael Crick. Let us not forget, Duncan Smith was SACKED by his previous employer in a humiliating vote of no confidence in him as Conservative Party Leader. His coat is on the proverbial shugglie peg.

 

My Point? Simple. If MPs do not listen to the warnings of unfairness and injustice, they will face tougher sanctions.

 

In the case of this thread, and the deaths linked to Atos/DWP, there is the distinct probability of prosecution of MPs and Civil Servants with the possibility of jail sentences being handed down to DWP Decision Makers, right up to Iain Duncan Smith being hauled before the courts WITHOUT CROWN IMMUNITY if they do not get their act, and the conduct of Atos employees and DWP officials in line with the new Homicide Act, the HSE Legislation and the Human Rights Act.

 

This matter is what might be described as a 'slow burner'.

 

It took Heather Brooke 4 years from her first FOI request. But the result shook the Mother of All Parliaments to its foundation. That is an undeniable FACT.

 

Tragically, the lessons of fairness, right, justice, and elected representatives/civil servants acting within the law themselves still haven't been learnt.

 

The matter of Atos/DWP and deaths by 'Medical Assessment' appear on this thread in a very obscure corner.

 

But mark my words, the matter will travel up the political agenda as time goes by.

 

Then again, what do I know? I am only a disabled former police officer.

 

Very best regards,

 

banana.

Edited by Legislation Hound
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  • 2 years later...
  • 3 weeks later...
Hi PatrickQ1,

 

I take your point and share your cynicism about MPs not being held to account. However, I draw a breath of fresh air from what Heather Brooke started with an almost invisible Freedom of Information request in 2005 that developed into a political maelstrom. Long story short, and it is worth reminding ourselves as we have a severe bout of cynicism, this led to one of the biggest upheavals at Westminster for centuries.....

 

Ex MP David Chaytor convicted and sentenced to 18 months imprisonment.

 

Ex MP Eric Illsley convicted and sentenced to 12 months imprisonment.

 

Ex MP Jim Devine convicted and sentenced to 16 months imprisonment.

 

Ex MP Elliot Morely convicted and sentenced to 16 months imprisonment.

 

Lord Taylor of Warwick convicted and sentenced to 12 months imprisonment.

 

Lord Hanningfield convicted of false accounting on 26th May 2011 and awaiting sentence.

 

 

On top of many of the above liars and crooks being jailed, we have the political P45s....

 

Baron Bhatia has been suspended from the House of Lords for eight months and told to repay £27,446.

 

Baron Paul has been suspended from the House of Lords for four months and told to repay £41,982

 

Baroness Uddin faces a police investigation. She has been suspended from the House of Lords until the end of 2012 and ordered to repay £125,349.

 

Ex MP Jacqui Smith stood down as Home Secretary during her partners period of taxpayer funded porn purchase. She was voted out of the House of commons in 2010

 

Ex Chief Secretary to the Treasury, David Laws recently resigned from the new government following a still live £40,000 expense problem.

 

Ex MP Geoff Hoon was humiliated in a television documentary and didn't even stand as an MP in 2010

 

Ex MP and Minister of Employment and WELFARE REFORM Tony McNulty was forced to apologise to the House of Commons and repay £13,837 in dodgy expenses. He was booted out of the House of Commons in 2010.

 

Ex MP and Exchequer Secretary to the Treasury Kitty Usher resigned her position after just 8 days, following publication of her efforts to avoid Capital Gains Tax.

 

The list of political casualties from the Expenses Scandal and related FOI issues that have come to light goes on, and on, and on.

 

Current MINORITY Government Secretary of State Iain Duncan Smith was subject to a dodgy CV expose by investigative reporter Michael Crick. Let us not forget, Duncan Smith was SACKED by his previous employer in a humiliating vote of no confidence in him as Conservative Party Leader. His coat is on the proverbial shugglie peg.

 

My Point? Simple. If MPs do not listen to the warnings of unfairness and injustice, they will face tougher sanctions.

 

In the case of this thread, and the deaths linked to Atos/DWP, there is the distinct probability of prosecution of MPs and Civil Servants with the possibility of jail sentences being handed down to DWP Decision Makers, right up to Iain Duncan Smith being hauled before the courts WITHOUT CROWN IMMUNITY if they do not get their act, and the conduct of Atos employees and DWP officials in line with the new Homicide Act, the HSE Legislation and the Human Rights Act.

 

This matter is what might be described as a 'slow burner'.

 

It took Heather Brooke 4 years from her first FOI request. But the result shook the Mother of All Parliaments to its foundation. That is an undeniable FACT.

 

Tragically, the lessons of fairness, right, justice, and elected representatives/civil servants acting within the law themselves still haven't been learnt.

 

The matter of Atos/DWP and deaths by 'Medical Assessment' appear on this thread in a very obscure corner.

 

But mark my words, the matter will travel up the political agenda as time goes by.

 

Then again, what do I know? I am only a disabled former police officer.

 

Very best regards,

 

banana.

 

 

All these MPs that spent time in "prison" if you can call it that spent in fact merely 1/4 of the term handed down by the judges.

Do look that fact up.

Furthermore every last one of them served their time in a very soft open prison. And I have a relative that works at Leyhill open prison and it's a standing joke that it's more luxurious than more pay for fitness/health boot camps that exist throughout the country. Open prisons are really the wealthy and powerful version of a free health boot camp similar to the tv programme for naughty teenagers shown on mainstream tv.

Lord Archer spent much of his time in prison writing a book and spending weekend time at the opera and fine restaurants with the prison governor.

 

Why hasn't his title been removed and surely a fine of £1,000,000 and a prison spell in somewhere like Strangeways as a penalty?

 

To honest most of these toff dicks need a very hefty fine related where possible to their personal wealth. It is a waste of time putting them in prison.

 

It's like former MP Margaret Moran (never prosecuted for major fraud) and indeed recently the tory MP Patrick Mercer ( brushed under the carpet and very likely never to be prosecuted). These of course are only the ones that have been caught numerous other MPs including Cameron and Clegg, Ed Balls and his wife were doing very dodgy deals "within the rules" - (their own rules) making tens of thousand by flipping properties and yet the likes of Tory boys like Cameron and his fag Osbourne with allegedly offshore accounts in the channel islands yet criticizing companies like Google for working "within the rules" too.

 

Quite honestly you've got more chance of the IPCC finding the Police guilty of malpractice and as you are well aware that hasn't happened in the history of the Police. For the same reasons why these MPs never get properly punished.

 

This lady is wasting her time and money bothering to take the DWP and Atos to court as true as IPCC is as about as independent to the Police service as my head is to my body, and ultimately the courts will always rule a nine bob note is legal tender if the government tell them to do so.

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