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  1. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and 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 accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant 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. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. 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. 8. 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. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.
  2. hi . I was already a member on here with previous posts but my email pass isnt recognised . im currently on esa without an assesment , i have been on it some time before it was even esa (forgot what it was) my doctor advised me to try to claim pip due to the multiple illnesses and problems i have with mobility and the other one (care bit ) excuse me i have a terrible memory her words were under no circumstances do you go out alone or bath alone and for gods sake keep away from the kitchen (lovely doc but has emmigrated to warmer climate now) i have had 3 major heart attacks in 2 years (44 years old now) , have heart disease , familial hypercholesterolemia, epilepsy (tonic clonic and complex partial ) unstable angina , and severe asthma . all within just over 2 years , plus ongoing sciatica due to herniated disks in lower back (had injections but wont operate due to heart problems) also have limited mobility in right leg from a 100ft fall some years ago that left me with 7 breaks in 1 leg and about an inch movement in my right ankle at most . ive tried to read some of the reports about the underhand tactics they use to down play your health and what you are capable of doing . im on 19 different medications a day ,that total 1200 tablets a month . over 500 of these are for pain alone . as one of my main pain relievers had to be stopped due to no1 side effect being heart failure . im not expecting the world but had little proof to supply as my last esa assement was in late due to been in hospital so my wife posted all the original letters which they have not sent back even though requested. (saying that i read they dont even consider these) they dont consider pain relief either (but 2 of my pain relievers are 30mg codiene 8x day and 8 diazepam a day .) i have loads of mini seizures a day most of which i dont even know ive had ,observed by other people . cannot walk far always have to use a crutch and can be out of breath by the time i get to the loo .2x5 stairs with landing in between , i have unstable angina and can have an attack just laid watching tv , my last heart attack was as they said brought on by a grand mal seizure ,in which i literally was absolutely terrified incase i have another linked event. im under 3 heart specialists and 2 neurologists all at 3 different hospitals . meds dont work for the seizures and i have no prior warning of one large one or the many clusters i have a day . can anyone suggest how i approach this home visit . plus i know esa and pip are unrelated but surely they collaberate findings . so if you get a low pip score i guess you will soon get a new esa assesment through the post . im not that worried ,its more the injustice they do and i hear they treat you like your dumb whilst all the time are plotting there little outcome against you . thanks for listening and any advice welcome meeting is friday morn , but sometimes i have severe insomnia 48 awake + then other times i can sleep 18+ hours and nothing can wake me , no idea wether its the meds or the head thats gone tbh.
  3. Waitrose Online Shopping:- Do they give a stuff about your refund for an unsuitable returned item? I think not and you won't get a refund easily if my experience is anything to go by. Is this Company Policy or is it the Store Manager who can't or won't manage? I made an online order which arrived in early February, an item was substituted I was offered 2 salmon fillets instead of the 4 that I had ordered. I refused the substitution as we are a multi person family, the driver told me I would get the substituted item credited back within 7 days, (£5.99). This did not happen, I contacted Customer Services via email, (I always do everything in writing as phone calls are easily forgotten), they said the refund would happen within a further 7 working days and they would contact the local store. Another 7 days; nothing! I again contacted Customer Services (the same agent) by email they said they had contacted the store who would credit my card withion 5 to 7 days and the Store would email me confirming that. Guess what? Nothing! So, one month from the initial order delivery, I made copies of my order, my emails and my card account and went out of my way to the Store and explained the issue to a Customer Services Supervisor who then refunded me the £5.99 in cash, plus £15.01 for my expenses, i.e. paper ink, diesel and my time with a "Sorry" She took all of the paperwork from me and said I would probably get a phone call from her manager to find out more. Have you guessed? No I didn't! I honestly believe that if I had not chased them, I would have had £5.99 appropriated from me with the apparent intention of permanently depriving me of it. There has been more than a little negligence in that way they have dealt with my money but at what level? So to date I have been refunded my costs, (barely) and a verbal sorry from a supervisor, nothing else. What did I expect? At least a verbal or written apology and explanation from the Manager as to why the Store failed me. So, no more online shopping because I can not trust Waitrose to do the honest thing without a fight or the right thing in hindsight. Can you? There are other supermarkets out there.
  4. I moved back into my parent's house at the start of this year which was also when I registered as self-employed. I currently haven't been paying any council tax since I assume I have to let the council know I've moved in. My Dad doesn't have to pay any council tax. I have the money to pay for it but what sort of trouble can I expect to be in when I let the council know about this? Also I've so far earned around £8k this year so I think I may be able to benefit from working tax credits. Am I allowed to back date this benefit to the start of the year from when I registered as self-employed? However, I also have £10k in savings so I don't know how this will effect the benefit. Any help appreciated.
  5. A car somebody sold a few months ago has been receiving invoices from these people. The amount started from £100 then went upto £140 and then a few months later went down to £70. I attach the correspondance and hope it helps someone. As of yet court is being threatened. Before anybody asks. Commercial collection services LTD are running from the same address as the now defunct CCS ENFORCEMENT SERVICES which was a bailiff company taken over by rundell and co when they went pear shaped a few years ago.
  6. Hi all, I had an Atos Medical booked for a few weeks ago but got a letter from them last minute saying my medical had been rearranged to 16th of Feb. I suffer from depression and anxiety and am not looking forward to this at all. Does anyone know what to expect? What will they ask or expect me to do? Im really worried and anxious about it and would love to hear form anyone who has attended one, especially for depression. Thank you!
  7. We have just had news today that we are probably going to lose our jobs. What can i expect when i sign on, any do`s & don`ts . I don`t want, nor can i afford sanctions , so i would like a guide through the process please.
  8. Hi All, Apologies in advance for the long post. This is my first time posting on this page but I really need some advice and help. In November 2012 after being in my job for a year and three months I started having health problems in regards to bowel and epilepsy. I was signed off work until March 2013 and then I returned back to work. Work had involved occupational health which I agreed to and we arranged for me to go back to work part time for 3 days and then full time straight away after. There was a virus within the work place which I caught and unfortunately set off my conditions again. we were also in -10 weather with no heating due to the radiators being frozen but we still had to work. I was then signed off in April. I am still signed off work Occupational health has been made aware and process started again. I spoke to occupational health on Thursday just gone because they required an update doctors have said hopefully I can return in 3-4 weeks once further investigation has been completed. On the Friday my workplace contacted me by email requesting for me to go for a meeting the following week and I agreed to Monday 2:30 (20th May) I received a letter from my work today stating this is an absence meeting. All my sick leave is over these 2 absences. I have never had any single days etc I have never heard about a absence meeting before they haven't offered me to have anyone there just my manager and a member of staff from the human resources. Any ideas on what I can expect, what can happen, what they can do, what I should do etc? I've never been in this situation before.
  9. Hi there I have posted about this debt on the debt forums but now I just want to know what will happen on the 14th. I have not been served with the petition as yet - they said they were not in my area at the time I said I was available and have sent the petition back to the creditor. I have paid £600 and made a payment arrangement with the creditor and I have paid the first months payment. I can not reach the bankruptcy clerk on the phone as he is never at his desk. So what will happen on the 14th? Thanks
  10. Hi all, Had notification on Monday of an inspection this Friday of the house I rent by the letting agent on behalf of the landlord. I am midway through painting the property, colours I chose and have agreed when I said I was painting, I would paint back to white when I eventually move out if the colours aren't suitable, mind when I moved in there was a bright pink wall in the living room. My main worry is that I am doing this painting alone and the ceilings too high in my bedroom for me to complete on my own, waiting for my boyfriend to come over so he can paint the tops of the walls so my bedroom painting wise does look a mess at the moment. Will the letting agent have any problems with how my bedroom and the rest of the house looks bearing in mind its midway through painting? Also what else should I expect them to look at and maybe pick up on? Its a home I clearly live in, its not a mess but its not tidy either, I have books all over the place as I am a bookworm. The house was unfurnished except for a washing machine and fridge freezer in the kitchen. Any help and advice welcome. Thanks
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