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    • Hi,   I have been informed that I will get a £1900 backdated payment for UC and that it is being processed. However, I will not see a penny of it. They intend to give it all to Bristol City Council for a housing benefit overpayment of £2900, despite that alleged overpayment being the subject of a tribunal as I don't owe them the money. The housing benefit overpayment occurred when I moved to a different location to get access to my treatment quicker, this was when I was on ESA. The new council told me I needed to apply for UC but the DWP wrote to me at my new address informing me that they had reviewed my claim and were going to keep me on ESA and that I need to apply for housing benefit from the council. I went round in circles for months, during this time my old council paid my housing benefit and then raised an invoice for the so called overpayment.   I can not tell you how sick I feel. I have accrued so much debt living off credit cards during this period to pay for food and bills. I had really hoped I could use the backdated payment to pay off some of the debt and get a little more financially buoyant. What a totally perverse system. They wont use any of the £1900 backdated payment to pay the £550 remaining for the advance I had while waiting for my UC claim to be processed after pushing me off ESA. So those payments for the loan will still be deducted from me monthly. It just couldn't be any worse. I don't have the words.   I had intended to make a donation to this site because you guys have been very helpful and I am very grateful to you all. I'm sorry that won't be happening now.    When did Britain become such a terrible country?   James        
    • defence is not due till day 33 follow post 7 carefully.   you can use recorded post for the cpr  but as they never reply anyway a waste of money just use 1st class stamp with free proof of posting from any po counter.
    • 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. 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.   4. 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 (c) 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;   5. 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.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. 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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
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Consumer dude

Electronic signatures

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Just attempted to sign my signature for a delivery on one of those devices that is not pen to paper, tried but it failed to look anythink like my signature, What is the point of these devices ?:confused:

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lol, I get ya drift! I have a smiley at the end of mine, and even the bank doesnt notice when I make it a sad face!

 

I pulled the manager up on this as theres a HUGE difference between a happy n sad face, n he got really irate at me!

 

In terms of the handheld signiture things, they're a waste of time. I bet if you sign "Joe Bloggs", the guy/gal wouldnt care!

 

Whats the whole point of signing anyway?

 

Jeez, in the old days, the postie KNEW where he was going and he even knew the people. These days, its just........ an industry.

 

So much for modernisation.

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Well, as the signature is 'captured' it can be used by the courier company to prove you accepted the parcel, and for all we know retain the image file and process it next time they have an unsigned delivery, to 'prove' you actually accepted delivery.

 

Cynic, me? :)

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couriers will be called upon in court for identification.

 

sorry, had to point that out.

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Court? AFAICR, the signature does not need corroboration, unless challenged. and in any case, cout action would be pretty remote!

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the point is that you signed for something, the courier will vouch for that.

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had to sign for something in a shop recently and the woman on the till accepted my signiture

 

wasnt untill the next store refused to accept it that i realised i hadnt signed my card yet


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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If its a refund I always accept the signature regardless if the card is signed... (I am putting money back on your card are you really going to say you didn't authorise that???). Though I do always point it out, I even do it if its being done by chip and pin and I can see the back of the cards with the machines we use at work.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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lol, I get ya drift! I have a smiley at the end of mine, and even the bank doesnt notice when I make it a sad face!

 

I pulled the manager up on this as theres a HUGE difference between a happy n sad face, n he got really irate at me!

 

In terms of the handheld signiture things, they're a waste of time. I bet if you sign "Joe Bloggs", the guy/gal wouldnt care!

 

Whats the whole point of signing anyway?

 

Jeez, in the old days, the postie KNEW where he was going and he even knew the people. These days, its just........ an industry.

 

So much for modernisation.

 

I don't think it matters does it, you could sign Queen Lizzy 2 if you want and it would still me your signiture, its YOUR MARK just as an X is your mark, so anything penned by your hand is your signiture, or am I barking up the wrong pencil!!!!

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Hmm not too sure. But I would say whatever you signed on your "Passport" or "Photo identity Card" is your recognised sig.

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