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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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inovermyhead2

Jsa Conts Claim - Backdating??

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Hi there

 

I am posting this question on behalf of my brother.

 

He was made redundant in the middle of october by his employer. At the time they informed him he would receive 4 weeks lying time, therefore being paid until the 19th Nov. During this period he was very actively seeking employment and attending interviews etc. He then contacted the jobcentre plus to apply for JSA Conts on the 19th nov as he thought this was when he was getting paid till.

 

The problem is that he has since been told by his previous employer that they are not paying him after 21st oct, they have lied to him but as he has nothing in writing he cant prove the previous conversation. so has had no further wage from them.

 

He wants to apply for a backdate in his claim for jsa as he was actively seeking employment at the time but just didnt apply sooner as he believed he was still employed until the middle of nov. Will the above reason be considered "good cause" to claim this backdated JSA.

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Did his employer give him a letter telling him how much money he was getting and what it was for? eg holiday pay, redundancy pay (stating so many years at x amount), notice in lieu etc? It should also say what he paid tax on and what he didn't?

 

I got this when I was made redundant and Job Centre asked for it so suspect his employers should have given it to him.

 

The experts will come on later and tell you definately but I don't think they'll backdate his JSA. The policy seems to be sign on as soon as you are redundant and they'll pay you when you are entitled. I didn't sign on soon enough either and missed out. Its difficult to know what to do when you've never claimed benefits before.

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Thanks for your reply. It seems a shame he wont get it when he really does need it and isnt screwing the system if you know what I mean.

 

No he got nothing in writing until last week when he got his wage slip and a compliments slip detailing what was included in his last wage, i.e. holiday pay etc.

 

This is when he called his ex boss to query this and he denyed ever saying he would get 4 weeks notice.

 

Luckily he got a job offer today so wont be too much longer but just want to know whats best to put on the backdate form. I know for housing benefits "good cause" is shown to be illness, bereavement etc but dont think this is the case with jsa as you have to be fit for work.

 

ANY ADVICE IS APPRECIATED....thanks

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Getting Jobseeker’s Allowance backdated

 

You may be able to get some Jobseeker's Allowance for a period before you make your claim if you could have claimed earlier and have reasons for claiming late. These have to be particular reasons laid down in law which are accepted by the Jobcentre Plus office, for example, you have language difficulties, or you were given wrong advice which made you think you wouldn’t get any money. Getting benefit for a period before you claim is called ‘backdating’. You will not get any backdated benefit just because you did not know that you could make a claim.

If you do have one of the accepted reasons for backdating your claim, your Jobseeker's Allowance may be backdated by up to a maximum of one or three months depending on the reason you failed to claim earlier. You will have to show that you met the entitlement conditions throughout the period of backdating, including being available for and actively seeking work. You should explain that you are claiming backdated Jobseeker's Allowance, and why, on your claim form.

If you want to claim backdated Jobseeker's Allowance, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.

 

 

Found that but doesnt seem to fit your circumstances but it may be worth ringing CAB

 

congratulions on the job offer, hope it goes well for him :)

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I don't understand re his employer. did he work his month notice or did he get a month in lieu of notice?

 

Might be worth a quick call to ACAS to check he got what he was entitled to.

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Under the circumstances you've given your brother would not be allowed to backdate his JSA claim. The valid reasons would be something like attending a funeral of a close relative or severe weather conditions that affected telephone calls. I used to process JSA claims and can honestly say other than when we made the error no one was backdated as you really need a very good reason. Frustrating for people who have never claimed or don't understand how the system works, and people like your brother who was misinformed by his employer. Good to hear he has now found work, and hope that it all goes well for him :)

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