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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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dwp review to add chronic illnesses to dla


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hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.

he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

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It's not treated as a new claim, it's treated as a supersession - the new decision will supercede the old decision, so they don't stop his money whilst awaiting a decision.

 

They do review the entire claim and this can result in the award being decreased, increased or removed entirely, but the payments are not affected until the date that the new decision is made.

 

To do this, call 08457 123456 and tell them that your husband's condition has deteriorated and you wish the claim to be looked at again, taking into account the new information - ask them to send you the relevant forms. Complete the forms and return within the date specified. I would also stress that you should include supporting evidence of the deterioration; copy of entitlement to the blue badge, and a letter of support if you can get it from your husband's medical professionals.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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thank you erika, i will try and get all the paperwork together before i ring them. my husbands gp has told me that when i get the forms i am to take them to him and he will fill them in. his chest consultant has made an appointment to see him in december, so i dont know wheher he will see him before then, his phsycologist may be able to help, and i dont know if the blue badge people would give me a copy of the entitlement letter. i will try tomorrow. thank you once again erika. rigbyp56

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They might not give a copy of the entitlement letter to you but they must give it to your husband. If there's a delay, photocopy the blue badge itself to show that he now has one due to his restricted mobility - you can do this for free at your local jobcentre and ask the staff member to stamp it "true copy".

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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hi everybody. my husband has mental illness and is getting dla high rate for care, and low rate for mobility.

he has been told that he has now got COPD, Angina & Emphisema. he has been granted a blue badge as he cannot walk more than 50yds without help. i want to add this to the dla so we can get the higher rate mobility, then he will be able to get out and about. i have been told that if i ask for a review the dwp could take away his existing benefits, i know that they will have to treat it as a new claim, but while i am awaiting the decision will they stop his benefits. these illnesses are none treatable so i am so worried about this, i wonder if it is worth the hassle, he has 2yrs left of his current dla. help!!!!!!!! rigbyp56

 

 

Hi, what Erika has said is correct.

 

In the past I was awarded High Rate Care & Mobility (1995 for life) and over the years I have put in many DLA Review forms. Each time the result was a withdrawal/reduction of benefits. This to be honest didn't bother me as I was glad that I was getting away from the stigma as I saw it of being classed as 'metally disabled'.

 

Anyhow, following a deterioration of my health over the past 6 years, my care and mobility needs have gone up. I decided a few months back to ask for another review as I & my GP felt that being on Low Rate Mobility only was not now relevant. Being optimistic and honest, and bearing in mind I had accepted the earlier reductions at my request, I thought the DWP would be fair and reasonable with me.

 

Nope, I have just been told that following a review of my form and a report from my GP that they asked for, I am not now entitled to anything. So I have lost the Low Rate mobility element and found that I do not have any Care related problems.

 

Been to see my GP as I was not happy that he had recommended that result. He said that he was asked for his comments to the questions asked which he did. This is maybe because although he suggested that I should have it increased, I am not the best type of patient. Either I don't go to see him when I should, and when I do, I tend to crack jokes to cover up nervousness and fear of my illnesses and what is happening to me..

 

I have considered an appeal but with my GP giving this evidence to the DWP, and the DWP finding me fit for work following a medical for ESA, I can't see how I can get it overturned. So I have put it down as experience and that I should not put trust and faith in anybody other than my own close family.

 

As a side issue to this I went for a DWP medical in Jan 2010 and was told then that I am fit for work and that there is nothing wrong with me. That was my fault because I failed to give them anything other than basic information and failed to disclose all of my illnesses. I have had help with an appeal for this, but was recently told that it would be early 2011 before it is heard. Given the anxiety I am under mainly caused by this appeal, and the way my family is suffering because of it, I have recently told them to cancel the appeal.

 

I am trying to find some work at present but not being lucky with the search. I have claimed JSA but that is short lived as the claim only lasts for 6 months. Hopefully something will drop in my lap within the next 5 months or so.

 

I do hope things go right for you.

Edited by ANDYANDFLO
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thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,

regards. rigbyp56

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Great stuff - let us know how you get on. Also have a look at this post for some links which may help with the form completion.

 

Dr's are very good at writing supporting letters but unfortunately I find that a large majority of them don't know much about what benefit entitlement actually entails; they tend to focus on the medical condition itself generically, which isn't enough on its own to support DLA. The information about his medical condition is useless unless it specifies in great detail what care and mobility needs arise from it, in his particular case.

 

Make sure that if your husband's GP is assisting with the form completion that he is aware of what is requried for a DLA claim to be successful - many (not all but many) Dr's aren't and think that the medical condition alone and its generic effects is enough.

 

If you need any more help, don't hesitate to ask.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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thanks andyandflo, i wont be making any decisions until i have all the paperwork from the various departments, dealing with my husbands illnesses, his gp has told me that he will back us to the hilt, as he knows what my husband is going through,

regards. rigbyp56

 

You are very lucky to be having that level of support.

 

Glad that he will achieve all that he is entitled to.

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  • 4 months later...

That's fabulous news - I am over the moon for you. It's such a weight off to know that you can get by.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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