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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • 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
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • 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.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA question, advice needed


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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

 

If you were employed at one time, then if your employer still exists, then they can provide a copy of a P45 ?

 

You don't normally need to prove an NI number to a new employer. You provide identity documents such as passport, birth certificate, photo driving licence, Bank cards/statement, utility bill, council tax bill. In the absence of a P45, your new employer normally just asks you for some very basic info including your NI number. Your companies payroll then just work with HMRC via electronic means and they can produce wage slips with the correct tax/NI. Sometimes if there is an issue you can be put on emergency tax rate, but that can normally be resolved.

 

If you are not claiming job seekers allowance, but come under your partners ESA claim, I wonder whether ESA is paying your NI stamps for you. Presumably when you were added, they checked records showing you were living with your partner. Your partner could phone ESA to check what to do when you get a job and need to be removed from the claim. Perhaps they can explain the NI issue in regard to yourself and what document they issue when you are removed from the ESA claim.

We could do with some help from you.

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I don’t have a p45. Would I be right in thinking I’d have to fill in a starter checklist?

 

So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

We could do with some help from you.

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So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

 

I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

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I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

 

IS is different. With JSA, ESA and Universal Credit which are means tested income type benefits that pay you NI stamps for the period benefit is paid, when the benefit comes to an end, they issue a P45. The benefit they pay in a tax year counts towards your taxable income for the year. Hence why yout partner should contact ESA to ask about this.

We could do with some help from you.

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

 

It is not relevant to a new employer whether you were on benefits and who is issuing the P45 . If you are receiving an income related benefit, then DWP will issue a P45 when you get taken off the ESA claim and you supply it to the employers when you get it. Before you are employed, the employer has to check your identity and make sure you are eligible to work in the UK. That just requires the identity documents mentioned.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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