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    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
    • dx100uk - sorry for the multiple pages but there should have only been 2.  I have placed them in pdf and will upload them again. Debt Recovery Plus Ltd - 7-10-19.pdf Debt Recovery Plus Ltd - 20-9-19.pdf
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RW Fugitive

DLC / Hillesden... Barclays Master Loan - Set aside of CCJ help please

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yep sounds decent defence.

may be worth putting in ur N244 about the CPR rules regarding set aside (13.2/13.3 link below).

 

not only does it show u know wot ur on about

but directs the judge as well if necessary.

 

if u have had no docs back from CCA rqst and SAR so far id put that in as well under sect 10 for evidence

and/or state that u have sent a further request in an attempt to get disclosure.

 

if ur gonna get this (N244) in it will undoubtedly end up with CPR 31.14 request in my view

cos of the time constraints so have a scout round and get familiar with CPR disclosure. first few pages of this thread may help a bit:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

link for CPR:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

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All posted off now... waiting game starts again...

 

Thanks again R&B for your help... much appreciated :)

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hi RW,

thats good first step over with...again..lol.

i think id be tempted to send a CPR 31.14 request (as you are now in proceedings) in the very near future (as soon as u hear from the court).

 

as i said before, the timeframes may or may not tie up with ur SAR.

problem is, wot if they dont comply?

reminders/complaints, etc, etc all take time.

 

with CPR rqst u can give them 14 days (less if needs be) to reply then reminder with 14 days,

then whack in the court application,

all b4 your SAR is even due back.

 

ive had probs myself in the past with having to rush these things.

the SAR is still useful as its from the OC,

it may throw up something u (or they) hadnt bargained on.

 

front foot is usually opined on here by those who know their onions so to speak...

. have a good read up on it and see wot u think (templates are easy to find from surfaceagentx20 or 42man)...

 

unless anyone else has any better ideas on the subject of course ...

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Following with interest.


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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right ok... update. got a letter from my local CC today....

 

"The hearing of the defendant's application for set aside of Judgement (see copy attatched) will take place at 12:00 on the 16th June 2009. at ** County Court *******, ******* "

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always :-)

Edited by RW Fugitive

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right ok... update. got a letter from my local CC today....

 

 

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always :-)

 

did u send any CPR requests?

what did u put in ur application for reasons to set aside?

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did u send any CPR requests?

what did u put in ur application for reasons to set aside?

 

 

Thanks r&b.....

 

I didn't send any CPR requests, no.. :(... I didn't think it would come through this quick... although you did warn me!

 

I put in my application that I was not living at the address when the judgemnt was made and had no knowledge of the court date, so was unable to defend.

 

I advised on CPR Rules 13.2 and 13.3.

 

Thanks

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ok well that shud be enough but depends on the DJ as usual...

 

id still send one off tomorrow if poss giving 7 days to reply.

tho i doubt u will get any response,

it may sway the judge if he is of a mind not to set aside that the production of docs may help him decide

(u will potentially have to argue that point to convince him so have a script in mind)

and u having started the ball rolling etc etc.

 

make sure u have complete evidence of your absence from the address as thats the main point of attack from their side.

 

this link may be helpful:

 

http://consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

also in formulating ur arguments (tho u wont need a defence)

have a look thru this defence/skeleton argument posts 177/178 here,

 

as it deals with a case with no docs. im not saying its foolproof but its been checked over by a few experienced people

and had no comeback so must cover most of it:

 

finding faulty cca agreements after a ccj?? - Page 9 - The Consumer Forums

 

might give u a few ideas anyway..

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Thanks r&b.... I'll have a read... a bit scared now the dates been set TBH!... yikes!

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Aplins have written to me about a debt I have with Hillsden / DLC.

 

It was a CCJ from 8 years ago and I've been paying £50 per month for over 6 years now.

 

They are saying I haven't paid and are about to issue a writ for a Warrant of execution ?

 

I've never missed a payment and have paid even when I was unemployed.

 

Can they do this?

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nope

 

what are these silly buggers upto.

 

dx


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is this the Barclays one or the amex one?

 

dx


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Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

Edited by Stigman
as usual forget a line - grrrrrrr
  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

 

Yeah, never missed even one payment. I had to double check there wasn't another CCJ! but no it's the same one. they have been ringing me loads lately, but TruCall has been telling them to do one ;)

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I'll fire off a letter to them and let them know. Could it just be a rouse to get more money out of me? silly question i guess! LOL

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Could it just be a rouse to get more money out of me? silly question i guess! LOL

 

Christmas is a coming, you got presents to buy when instead you and your family could go without and give them a healthy Christmas bonus lol.

 

As usual, debts or multiple parcelled debts get passed around with limited data attached, could also be a ploy for you to telephone them so you could be bullied into upping your monthly payments as you have worked out which means you then are in breach of your CCJ.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx


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threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx

 

I frantically checked to see if i ever replied to their claim and I did (there was so much going on at that time, it was all a blur) ,

 

I couldn't use the "didn't know they had taken me to court" route :(

 

I just had to start paying up.

 

I agreed a payment plan with them and had kept up the payments since, never missed once.

 

I have no problem paying it as it is my debt,

 

I just feel annoyed by their recent threats.

 

I'll fire of the letter tomorrow.

 

Thanks guys :)

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so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx

 

I can't find the actual CCJ, no. Yeah, I agreed a payment plan with them without the court being involved, they've happily taken those payment for 4 years now from what I can see. I've never missed a payment and it comes out as a standing order every month. I just don't want any more added to the debt. Sending a letter today to them asking on what grounds they are going for a writ. Thanks

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