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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and 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.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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xxmissxx

brothers GF refused jobseekers

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Hi there, my brothers girlfriend recently moved in with us all in my parents house, she was on jobseekers allowance. she came from another part of the country and went to the jobcentre to apply to have her jobseekers based in our town. She put my brother down as her partner on the application form. They decided to fully stop her claim for jobseekers as my brother should have to look after her financially. im annoyd because they have only been a couple for about 6 months and my brother still lives with my mum and dad and only has a job part time in he TA, he barely earns £300 a month, but if he does a bit extra shifts hell earn a little more than that, but my point is that his earnings are unpredictable.he trying to save for a car and a deposit on a house aswell as forking out for her! what can he do to get out of this mess, shes struggling to find a job, and doesnt seem to be getting any job offeres. they both dont want to spit up but their money worries is starting to upset the entire household.what can be done, and why would the jobcentre refuse JS's when my bro dont earn enough to support her?


:-D:p xxmissxx:p :-D

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from what i gather it's standard procedure to base income based job seekers on the income of the claimant and their partner. Your brothers girlfriend needs to get a job (any job) quickly or your brother should get a new job that pays more.

 

You can always try plugging their details into Start Calculation to see if there's anything else that they should be claiming.


Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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i did that calculation, it said shes entitled to jobseekers and income support, so what should they do now? i told her she shouldnt have put my bro down as her partner because they havnt been together long enough, like she should have just said she was a lodger in our house hold, could she ring the jobcenter and tell them they split and shes jus living here or would they still object to it? i know its slightly sly to do that but like i said they havnt been together long enough so he should not have to pay for her at all like that.meanwhile i will tell her to get a job asap or there will be trouble, but i am also understanding enough that with the recent credit crunch, employers arnt taking on many people at the moment.


:-D:p xxmissxx:p :-D

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that's called fraud. The jobcentre would want to know why she hasn't returned home. Anyway a partner can be anyone with a financial link so they may have asked for your brothers details anyway.

 

The jobseekers on entitled to is usually the contributions based one that you only get for 6 months and is based on national insurance record, the one that your brothers partner is claiming must be income assessed due to them taking notice of your brothers details so the figures may be different because of this. You should tell your brothers partner to apply for income support.


Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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I take it your bro invited this girl to live with him - did he not consider the financial implications of doing so? Can he not look for a proper job as well as the GF?


Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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