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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Incapacity Stopped with no warning.


Kerrie78
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Hi again.

Just to say I am still struggling. After lengthy discussions with CTC they said that our payments stopped because we have already received the maximum award for this tax year.

A while ago we had bank trouble (due to charges) and we moved banks. For over 8 weeks CTC still paid us into our bank account, and eventually I got to speak to a team leader who stopped the bank payments and issued giros instead. He sent us a covering letter saying that due to the error, here is a breakdown of what we will get - we continued to receive these paper giros for several months because it took them absolutely donkeys years to get our new bank details up and running.

Now also, to my horror, they inform me that our maximum entitlement was £6,000 for the year, but infact they have paid us £12,000. I have no idea where they get this 12 grand from because for the majority of weeks I reckon we got about £105 per week, then while the bank error thing was going on they were paying £350 per week to cover the missed payments.

 

How can they have overpaid us by £6,000??? We gave correct info to them at every possible point of the way. How on earth am I going to pay this back,

 

We are in receipt of £80 still each week for the 5 of us, we have had no CTC for the last 3 weeks now and look to get none for the next 4 either. Also, when the new tax year starts, will they continue to withhold our CTC because of this so called overpayment.

 

I cant believe what a mess all this is. I have also applied for a crisis loan but as I expected, we were declined due to our IS of £80 per week.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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I think I would write to CTC or call again if you feel up to it. I would want a full written breakdown of how/when you were overpaid. They weren't still sending payments to your closed bank account whilst issuing giros were they? If the over payment is their fault (perhaps they did a manual calculation to do those giro payments?) they should write it off as their error, but looking at some of the many threads on CTC and the problems people have had with overpayments you will have to fight to get it sorted sorry!

Our tax credit was witheld for 2 years because of an overpayment, but our weekly rate is only around £30 due to earnings. Surely if you are on IS they can't withold the lot. Maybe it will restart in april but at a reduced rate? Have you had any documentation regarding the overpayment from them yet.

Good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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No I havent had anything in writing, just a form called TC846 to say why we disagree with their decision.

They sent us an initial breakdown of what we should receive, but to be honest we have had so many adjustments even they themselves struggle to comprehend what has gone on with it. I am on hold for ages each time I call whilst they look through the screen.

I think it's another trip up the CAB to deal with this

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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  • 2 weeks later...

Hi Ali,

Do you have much info on the new employment support allowance. I only got some general info and an overview before I left, but it would appear to have even more of a "push them back into work" mentality behind it. Will people on here appeal their IB and hopefully win only to get transferred to the new benefit and start again. I hadn't seen any info on what happens to existing customers or the new benefit rates. Would be interested to know
Sorry to have taken so long to reply, however my "RADAR" was telling me that there would be further changes coming soon to the implementation of ESA (Employment and Support Allowance, Ali knows these acronyms but some newbies won't). Furthermore, the 2007 Welfare Reform Act only outlines the general principals, however much of the detail has been conspicuously vague e.g. benefit rates and the timetables for implementation of the reforms, I know that I'm not the first commentator to have said that it's legislation 'worked out on the back of an envelope', but that's how modern politics operates. So, I wasn't surprised when this was announced in the Budget.

LR

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Hmm interesting. Not good news for people on Incapacity benefit then. How can you set a target for getting people of the benefit? There are people who can never work as they are either so physically or mentally disabled that it would not be possible and I doubt this would effect them, but what about those with physical and mental issues which makes it very impractical for them to work. Even now I had seen claims for people, particularly with diagnosed mental issues being forced onto JSA and both we and the job centre staff know they will never be able to hold down a job even if you can find an employer who would take them on. If they were serious about "helping" people into work as opposed to "forcing" them they would need to put more money into support for the disabled. One thing we often discussed at work was a way to simplify the benefit system. The reason why you got a minority claiming IB when they could work was because it had higher rates (at least when long term claims kicked in). We always said all the benefits should be at a set rate all the same then the DLA rates should be greatly increased. Target the money to those who really need it. Recently though the push from above is not to target benefit to those who need it or help people back to work. It is a definate push em off benefit drive which seems to be hitting those who really need the money and are genuine. Meanwhile fraud budgets and staff have been drastically cut so actually making it easier to defraud the department. All the government seem interested in now is the bottom line of costs rather than ensuring what money is paid out is paid correctly. The amount of accuracy checking our claims went through was also cut due to staff cuts.

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Hi again

Just a short update. We appealed the crisis loan decision and they said that they couldnt help us out, we did not qualify, so we have given up. We are still in receipt of £80.95 and nothing else apart from Child Benefit.

I have emailed the MP case worker twice and telephoned once but she has done nothing to hep us and it's been about 5 or 6 weeks now. i am very dissapointed on that front. I did really hope that she would be able to sort this mess out for us, but she obviously has other situations to deal with.

 

We have heard nothing from the Incapacity Benfit appeal yet, and also nothing from the disability living allowance so hopefully that will be not much longer now.

 

I did just wonder about my CTC though because the new award should be starting from April 4th 2008 but I have heard nothing from them either so I just wondered whether it would be worth phoning them, I just wanted to know whether they are within their rights to hold all money from our new years award, or whether they can only keep a percentage of it, as we have struggled for 6 weeks but I really couldnt do it for much longer.

 

Its only due to my extremely generous father that I have not sucken long ago. He has been paying our bills and giving me money on a weekly basis. Its a bit embarrasing for me being 30 and still needing subs from my dad, but I doubt anyone else would be able to manage on this much either.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Also, just to comment on #56, do you think anybody would be willing to employ a man who has had a major stroke, a mini stroke, has 40% vision loss so cannot see anything to the right hand side from either eye. Also has had a heart surgery and is awaiting another, and also has a problem with veins pumping the blood from his heart incorrectly!

If anyone knows where he could get employment then feel free to pass the info on!!!

 

I myself would love to get a job but our little girl wont be starting nursery for another 10 months and even then I would have to earn enough to cover the mortgage payments that are being covered by the DWP before I even made any soft of profit.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Share on other sites

shes tory, but i will do that, thank you

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Share on other sites

  • 2 weeks later...

Last week on wednesday my husband was registered as partially sighted, by the Eye Specialist, he is now on the UK blind list according to this man. Does this improve our chances of getting him back onto incapacity benefit. And also, we already sent the DLA form back several weeks ago, so would it be better to telephone them and ask for the form to be amended, as he wasn't registered as partially sighted when we claimed it, or would we have to start again from scratch.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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hi kerrie see your still havin probs,i have just instructed my MP to now take my case to the ICO for their deliberate lies and they are still refusing to send him my data even though i have proved beyond any shadow of a doubt they must keep all records,so i await the outcome all they say is it is with the decision maker so my MP has written to the secretary of whatever dept to intervene and find out why this manageress is messing him about seem he wants her out of a job lol hope so

patrickq1

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well I really hope everything works out for you, you've been messed around long enough. It seems the norm for these government employees to try and fob you off and pass you from pillar to post for as long as humanly possible.

 

Last Thursday we re applied for a crisis loan, as we genuinly are in crisis. We have cancelled all utilities etc as we just cant afford to pay them on 80 quid a week, and live aswell, but they took so long to get back to us and when they did you wont belive the instructions we were given. I can actually laugh now, but at the time I was in tears all day and felt lower than I ever have before.

 

We were telephoned back and told that because it was Easter and there were no crisis loan buildings open, we would have to go to our local police station with ID and ask to speak to their emergency social security worker. He would then call round to our house with cash!

We knew this couldnt be right, so I telephoned the local police station and asked them if they did this. The lady was astonished and hadnt heard anything like it before. She demanded to know who had told me this, so I had to give here the details of the crisis loan people so I expect they will be getting a call!

Then we were told we had to go to the local hospital and ask for their out of hours emergency social worker. At this point I thought to myself I would rather go and search bins than beg at the hospital, so I gave up and accepted yet another sub from my dad..

 

The joys of being on benefits eh!

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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I cant believe that in february we were receiving IB, IS, CB and CTC, then suddenly we are reduced to this situation, all because of one individual (who we have been informed IS a registered Doctor.) and his word.

 

The appeals procedure is so long winded and useless that I really do dispair. I actually wondered if it would be worthwhile trying to find a solicitors who give legal aid, to see if they can hurry up any of this nonsense.

At least this evening our local GP has said that the partially sighted certificate should put a stop to this nonsense once and for all, and they should immediately reinstate the IB. (But I'll believe it when I see it).

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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  • 2 weeks later...

My MP has just issued a FORMAL WARNING to the AREA MANAGER OF THE DWP its a OR ELSE WARNING and they now have to comply in full within the next ten days phew at last even he cant beleive just how on earth they think they can abuse people who are in need so he is also raising it with the prime minister looks like the DWP DOG is going to be hauled over the coals also they are now in serious breach of the FOI act by five months

how are things going for you kerrie

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my case is now with the DECISION MAKER but my MP has asked for full disclosure of what has been sent to the decision maker as he has just sent a message to the decision maker asking for full disclosure of all details sent to them,,REASON FOR THIS IS HE THINKS THE DWP MAY TRY TO INFLUENCE THE DM so he wants all information they have sent and he has also instructed the DWP to send all information so he can compare as to the truth of what is being said and sent and i think the DWP may have left themselves in a bit of a mess with all the shananigans they have been upto

patrickq1

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No better for me I'm afraid.

My MP is more than useless, she passed it on to her case worker, and we have constantly had to phone her up to see if she is doing anything about us. But she isnt, we have no idea if she has been calling anyone, or writing letters etc because she never bothers to get back to us.

I emailed the MP last week to tell here that I wasnt impressed with who she had passed us on to, and she hasnt even acknowledged me.

 

The only positive is that our tax credits started again this week, got £105 today, but although we have asked them twice for a breakdown sheet we havent had it, so god knows what we are entilted to, and how much they have deducted.

 

We were granted a budgeting loan of £700 last week, still waiting for it to go into the bank tho, cos we were turned down twice for the crisis loan.

 

Apart from that theres no updates on any front. We are still waiting to hear from incapacity, and dla, and hopefully we should get that backdated if we can get it sorted out.

 

Glad to hear you're getting some action though. I'll keep reading.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Share on other sites

sorry to hear of your probs still continuing kerrie

firstly you need to e mail to rights net and explain your whole situation and ask them if they have anyone in your area who could help you in your desperate hour of need,

as for my case it has taken a turn for the good,it has now gone over the head of the area manager and is now with the head office for the DWP so it is one step away from the minister in charge of the DWP they have shot themselves in the foot by lying to a GOVERMENT MINISTER and he has now contacted today the head of the DWP he want a meeting and also full disclosure of all the facts from them and also he wants a full and frank explanaition of their lying to him,,,how stupid can the DWP get to lie to a goverment minister that means big trouble and possibly a sackable offence at last i have been PROVEN RIGHT ALL ALONG they were being vindictive and vexhatious so it means someone is for the high jump its taken me since 2003 to prove all this and my file is almost 3 inches thick with data and untruths

so now my next step is the ATOS ORIGON because i aint finnished yet i want some one to pay for the lies they have committed in writing,this i have already proof of from a senior surgeon and two doctors.so my claim is from 2003 for full incapacity benefit plus all intrest plus damages for the amount of dtress caused by all this not to say most importantly the MP has seen all the evidence i have kept and the catolouge of untruths that he is picking out one by one and shall present it all next week with the DWP head department so i am more than happy some one who could nt manage to count to ten is up for the chop or demotion i just pray they have a massive mortgage and a sudden drop in salary will cause them stress that they deserve for all this grief now i am being vindictive but did they care about me in my hours and days of need i am some 12 thou in debt because of this so i want my pennies worth

sorry its so long kerrie but do sent your e mail to rightsnet and ask can they recomend someone in your area where is that by the way i may already have a name i can forward to you

patrickq1

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That super news for you, I'm really pleased.

I will forward my email as you suggest. I'm in Stourbridge in the West Midlands.

 

Thanks

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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TRY THIS WEB PAGE KERRIE IT IS THE CLOSEST BUT IF THEY CANNOT HELP THEY WILL DIRECT YOU TO YOUR NEAREST HELP AND ADVICE CENTRE IN YOUR AREA BUT PUT YOU FULL COMPLAINT IN DETAIL ON AN E MAIL SEE HOW IT GOES

PATRICKQ1

Coventry Law Centre : Welfare benefits advice : Information leaflets : Incapacity for work: The DSS medical examination

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In 2001-2002 I went through the nightmare of the DWP stopping my IB after a farcical DWP medical. Six months of surviving on about £25 per week. And I turned up for the tribunal to find the DWP had "reviewed" there decision TWO WEEKS earlier and told neither me nor the welfare rights officer handling my appeal.

 

The welfare rights officer went on to get me higher rate DLA, which means that I have been exempt from further medical "assessment".

 

But I still have screaming nightmares and panic attacks whenever anyone mentions medical assessment. The DWP pushed me to the point of selling my furniture for food, and I attempted suicide directly because of their behaviour.

 

If you need anything, or anyone to talk to when you get stressed, give me a shout. And know that you will get through this, and you will win.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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yes the DWP can be so insensitive to human feelings sometimes well most times just lately,been thier with the depression and everything else ,so kerrie do not go their it wont help, and yes citizen advice are very good on most occasions but that only depends if you get the right person to deal with your complaint or should i say distress but even they are now grossly overworked and underfunded at this moment in time but firstly your written apeal by e mail to rights net they may find the right person to deal with your claim,and if you have children the COUNTY COUNCIL HAVE A WELFARE OFFICER who are apparently very good in these sort of circumstances so dont give up hope kerrie we are all batting for you

patrickq1

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I used the local council welfare rights officer. He was amazingly good and has continued to complete any DLA forms and deal with the DWP when they tried to send me for another medical.

 

I couldn't recommend them highly enough.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Share on other sites

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