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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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Leukaemia Sufferer- Have they entitlement to any benefits.


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Hi I am looking for advice for someone who is illi

A friend aged 55 has suffered with Leukaemia for the past 5 years. He attends hospital roughly every 4 weeks,he was in receipt of incapacity benefit for about 2 years and his employer then terminated his employment as the hospital confirmed he wpuld not be able to work again. He receives a small pension and a reduced rate of incapacity benefit.

He suffers from extreme tiredness/weakness and sleeps for long periods each day, has no immune system and suffers from colds/flu continuously and is permanently cold as his circulation is virtually non existent. He has to take baths several times a day to keep warm.

I advised him to enquire at the Jobcenter if he was entitled to any financial assistance. He has been told he is not entitled to any DLA nor is he entitled to any cold weather payments.

Can anyone advise me if it is correct he is entitled to no financial assistance.

Thanks loring

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Hi loring,

 

I think Erika/Ida will be able to point you in the right direction.

 

Most energy companies have a Social Tariff for people on low incomes, I think thats well worth inquiring about.

 

Social Tariffs

 

If you find it difficult to pay your bills, your energy company may be able to lower your gas and electricity bills. This is known as a ‘social tariff’.

You may qualify for a social tariff if you pay more than 10% of your household income towards your energy bills and/or are on benefits. Ring your energy company and ask them what social tariffs they might be able to offer you.

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Thanks Rebel 11,

You are right, that is the lady who most probably would have the answer. I was surprised at the response he got from the jobcentre, but maybe they are right. Reading the government website he may not fit their criteria.

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Does your friend have any mobility problems? If so how far can he walk? Does he have any issues which mean he needs to be accompanied when outdoors or in unfamilar places? Can he make a cooked meal for himself from scratch. Does he ideally need help with personal care, whether he gets it or not (washing, bathing, stairs, standing, getiing in and out of bed, getting to and using the toilet etc)? Does he need supervision during the day or at night for any reason? Is he terminally ill? (likely to pass away within 6 months)

 

Unfortunately, DLA is not based on a diagnosis but on the factors above, if you could provide more information then we could give further advice. On the benefit side, if he's getting incap then I don't think there is anything apart from help with rent/mortgage costs, but this would be dependant on income and savings of your friend and any partner/spouse and non dependants living in the household.

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when my father had this illness he received assistance from macmillan including some financial help for heating costs'.

 

he could also be entitled to attendance allowance this can also be for his personal costs too.as well as other benefits,the citizens advice bureau and job centre plus are also places to contact.

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Have they actually applied for the benefits or was this just a quick conversation with someone in the job centre?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Attendance Allowance wouldn't apply as they are below the qualifying age, therefore it would be Disability Living Allowance, which, as Leemack advises is dependant on whether he has any care or mobility need arising from his condition - or if a terminal illness is diagnosed with a life expectancy of six months or less. If he doesn't fall within that criteria a DLA claim will not be successful. If he does have care or mobility needs or a life expectancy of 6 months or less then he should submit a DLA claim. An answer from the jobcentre is not a formal decision.

 

In respect of the cold weather payment, he wouldn't qualify for this being in receipt of IB alone as it isn't a qualifying benefit. If he gets IS to top up his IB then he will get it. For people who are entitled to it, they need not apply as it is paid automatically with their benefit.

 

Macmillan may be able to point him in the direction of other areas of help, as jsa12 suggested, and as rebel suggested some energy suppliers can offer speical tarrifs to those on low incomes so it may be worth his while speaking to his utility provider(s).

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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Hi

Thanks for all the replies, I have spoken with this chap and asked him to dig out all his old paperwork. It appears he may have made a bit of a mistake about years ago.

He was awarded DLA back then and it was for a one year period. He never reapplied again as he thought it was actually for just one year only. I think he should have reapplied immediately after the one year. His condition is getting gradually worse so he should at least receiving the same as he was back then. He may have misunderstood what they told him or they may not have explained it properly to him. I do not think he is at all capable of handling this himself, he is too weak and tired. He definitely needs help.

I have told him to get another form and I will help him fill it in and get information he needs from his GP and the Hospital. I will follow his application through and hope the end result is positive. I don't think he could back claim, they will probably say it was his fault.

Thanks again for all the views and advice.

Loring

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Get another DLA application form, but instead of you completing it, contact your local DIAL or CAB office for an appointment to complete it. He would have a better chance of success as a lot of the questions are worded ambigiously and you are never to sure which way to answer it and if you answer it wrong, application gets thrown out. Do the appointment bit now and DIAL will do all the rest for you like applying for the form.

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