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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. 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.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  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 [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 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   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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
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Compliance officer


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hi

 

had a compliance officer out beg of ths year to see me,, someone phoned anonmously and said partner was living with me.. i do have a partner but he lives iwth his parents, he comes over few days a week and helps me out with kids as i have a mental health problem and cant go places on my own. i explained all this to this officer, and all she said was get in touch with me within 4 weeks and i think you need to speak to partner about living together.. surely they cant make us live together.. she also said the dss could class us as being a couple and my benefits can stop.. i feel as if im under pressure to ask boyfriend to move in.. but we;'re not ready for the commitment... what exactly do these compliance officers do.. i was totally truthful with her aobut everything.. she asked me lots of questions of money etc... i work off my own money and he works off his...

 

surely they cant stop my benefits coz i have a boyfriend...

 

please help as the 4 weeks is up very soon...

 

She said also that the dss could make me claim back all the money, for the time we've been together..

 

im soo worried about all of this... i didnt think you had to tell the dss even thou you have a boyfriend even thou he doesnt live with you..

 

please help

 

loopy

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If he is staying over more than 3 nights a week then he's counted as living with you.

 

They can't force you to move in together but if they class you as living together as husband and wife they can stop your benefits.

 

If what you are saying is true then you should stick to your guns. They will contact you if they can gather any evidence in that four weeks but if there is nothing to gather then they will not be able to make a case.

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The three nights a week thing is a bit of a an urban myth, like claiming for your dog. There is no single factor that decides whether someone is living with their partner as husband and wife, but him staying over will be a factor. However, they would not decide you were living together because he stays four nights per week or decide that you weren't because he only stays three nights per week. There are many other factors that are taken into account. Compliance visits are basically information gathering exercises. They are hoping to resolve the questions raised by a referral without starting a fraud investigation.

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Hi Has you have been truthfull i would get a letter off your doctor outlining your problems i would also the write a letter stating that he stays on a weekend to help with the kids and pops in in the week to help when he can, also state due to the fact that i have mental health issues we can not live together at the moment

things you need to look at how much he earns

what benefits you get at the moment

what benefit can you claim if he moves in(he has to look after you so carers allowance)

PM me with they benifets you get and how much he earns are the kids his i will work some things out for you and try and help you then post it back here for you

 

ps my wife works in a great place:D and she helps me out

Regards DK

Please Tip My Scales if Info was Use full

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The three nights a week thing is a bit of a an urban myth, like claiming for your dog. There is no single factor that decides whether someone is living with their partner as husband and wife, but him staying over will be a factor. However, they would not decide you were living together because he stays four nights per week or decide that you weren't because he only stays three nights per week. There are many other factors that are taken into account. Compliance visits are basically information gathering exercises. They are hoping to resolve the questions raised by a referral without starting a fraud investigation.

 

I saw a show on tv not so long ago about benefit fraud and all they did was watch a claimant for a month and decided she was living as a couple with her ? partner because she stayed over about 3 nights a week and they went shopping together as a couple too! They then stopped her benefit but then she just reapplied and got a fresh claim paid up!:confused:

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The three nights a week thing is a bit of a an urban myth

 

No it's a valid point that compliance are using right now.

 

There is no single factor that decides whether someone is living with their partner as husband and wife, but him staying over will be a factor.

 

That is true though

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If your partner is definately living at another address they cant get you for living together, they may well advise you to make a joint claim if you have told them that he stays over but when your four weeks are up and you dont feel that you would like him to move in then just tell them,

 

You make that decision in your own time, they cant even fill out the living together forms if you are indeed not living together so dont worry,

and they definately could not suspend or close your claim with out that form completed and then that would have to go to another decision maker before they could do either,

so stick to your guns and do whats best for you but there is plenty of help available if you do become a couple

Does he use your address for any reason at all, or has he in the past>

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Hi,

I don't think I explained myself very well. Fraud officers do look at how often a partner stays with you. What I was getting at is that there are many other factors that are taken into account. A decision will not be based purely on how many nights your partner might or might not stay. The urban myth I was getting at is that people often say that if your partner only stays three nights a week you cannot be done for fraud. This is not true. How often your partner stays is only one factor that is considered. So just because your partner stays for two or three nights does not automatically mean that you will not be done for fraud. Equally, if your partner stays four nights per week, you will not automatically be done for fraud. Hope that clears that up.

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hi

 

had a compliance officer out beg of ths year to see me,, someone phoned anonmously and said partner was living with me.. i do have a partner but he lives iwth his parents, he comes over few days a week and helps me out with kids as i have a mental health problem and cant go places on my own. i explained all this to this officer, and all she said was get in touch with me within 4 weeks and i think you need to speak to partner about living together.. surely they cant make us live together.. she also said the dss could class us as being a couple and my benefits can stop.. i feel as if im under pressure to ask boyfriend to move in.. but we;'re not ready for the commitment... what exactly do these compliance officers do.. i was totally truthful with her aobut everything.. she asked me lots of questions of money etc... i work off my own money and he works off his...

 

surely they cant stop my benefits coz i have a boyfriend...

 

please help as the 4 weeks is up very soon...

 

She said also that the dss could make me claim back all the money, for the time we've been together..

 

im soo worried about all of this... i didnt think you had to tell the dss even thou you have a boyfriend even thou he doesnt live with you..

 

please help

 

loopy

 

Here goes :?

 

I had a compliance interview in April 2008 .... I took my youngest (2yrs old) with me .... explained my B/F and I split up in the Feb after major rows and they told me someone had said we were still living together ...I had already started a new IS claim in my own name !!! and my partner did the same (Incap. Ben) from his parents address where he has lived since.. I suffer from SEVERE migraines and can't drive ..... we have spent the last year talking about the future but something ALWAYS goes wrong .. so its been restricted to him coming around to help watch the kids when i have a migraine (the doctor is aware of my headaches) .. he has stopped one or sometimes 2 nights if i've needed help at night (headaches) ... I sleep upstairs and he downstairs on cushions off the settee on the floor..

This isn't ideal as he has a bad back and suffers from severe stress .. the upshot was I didn't hear anything until they called me in for another interview on 18th November 2008 ... I went with my 2 yr old again (which isn't easy in an open office to concentrate , be discreet without everyone knowing your business and look after a little one) ..... I explained we weren't living together , he doesn't eat here , he doesn't pay any bills , he lives , eats and pays keep at his parents. I said we weren't ready to live together and hadn't since February ... I said all the bills he used to pay are now in my name .... but I got confused over the phone bill as BT cut me off when I tried to put it my name ( I was without a phone for ages etc) so it was left in his name .... but I forgot at the time I actually pay it thru D'Debit .... they said I should hear back in a few weeks ...... I got a letter back dated the 22nd January 2009 .......and I got it on 29th January !! ....... stating that a decision was made on 6th January 2009 .."You have a partner and that partner is in work or has over £16k in savings" !!!! ..... and that your I/S has been stopped (also my HB and CTB) ....... as from 18/11/08 .......

 

I got in contact and they sent me a copy of their decision makers reasons ..........

 

1. We met 11 days before our 6 yr old son was born .......

2. We remind her of a couple where the husband commutes and is back home for 2 days ...

3. My "partner" is not in receipt of Housing benefit himself ..... (he lives at his parents!!)

4. He pays the telephone bill ....... ( as above ... I do..... we have letters from BT re compensation as they messed it up for me)

5. He spends most of his time at my house ..... (see number 2 !!!)

 

etc etc

 

I am obviously going to appeal but judging from this forum there seems to be alot of clutching at straws ....

 

My "partner" helps me whilst I am ill ........ because my money has been stopped and they expect me to pay up to £1500 back possibly ... have not heard yet regards that but letter is on its way I have been told...... I had to ask him to come around Thursday and Friday mornings to help sort it out as I was headachy because of the accusations ....

He spent most of those mornings being passed between depts ... all with different advice and no one caring as they said "take out a crisis loan" .... If I claimed again in my name they could refuse or put it thru then stop it in a few weeks and say the same thing that we are a couple living together ... It would thus mean not asking him to help and when I get a migraine which puts me out of action most of the time I get them , the kids would suffer ..... Then I would have a crisis loan to pay back plus no I/S possibly still ... a total mess....

 

He ended up asking if he could claim for me as someone in The DSS told him Thursday he could even if he wasn't living here !!!!!!!! ......... he checked it out Friday and someone then told him as it stands ..ie living at his parents he couldn't !!

 

A total mess and helpless situation ... He asked the compliance officer if he stayed a few more days and moved all his stuff in , would that be classed as living together then so he could claim for me to guarantee I got some money .... or I would be without I/S , HB and CTB for weeks on end and facing eviction maybe !!! He added it was on sufference and not really what he wanted to do until we were ready to and the CO just said "you don't have to move ALL your stuff in , but the decision has been made and its up to you if you want to claim as a couple" .......

He then made a claim for me ....... we felt pushed into it but because the original decision took from 18/11/08 to 6/1/09 to be made , then sent for processing until 22/01 .... then another week to get 1 1/2 miles to me !!! ... thats 10 weeks .....

 

In addition they still paid me the 2 weeks of I/S and thus HB and CTB ....AFTER the 6/1/09 decision was made !!!!!!!

 

Its not a money thing that keeps us from living together .... its personality clashes which arent good for the kids ..... we haven't "been physical" for about 3 or more months now and less than 5 in past year and its all down to stress and illness ...... WE wan't to make the choice ... not the DSS ..... just because we HAD to live together as of 2 days ago doesnt mean its going to work or that we wanted to .... what happened to Human Rights .....

 

She told the woman in November we may start looking to try again in the new year but with it being their decision it appears we start with a debt and a feeling it was out of our control :(

 

Any help or views would be appreciated ... thx in advance and good luck everyone else in the same predicament ....

Edited by SICKANDTIREDOFTHEDSS
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