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    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   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 PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   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? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Withholding bank details


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I had to sign on in January, and have qualified for JSA on income based.

 

Now in previous occasions (last time was 8 years ago) I was able to receive my benefits as a Giro. This time, the job centre are starting to get quite aggressive about me not providing bank details. I have been put on daily signing, however, as i get my travelling expenses it is actually an incentive to remain on a giro.

 

The question is, what further sanctions are they likely to apply to me?

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There are too many companies out there that have my card details which take occasional payments. If I have benefits paid into it, then I can't be confident that I will actually get my benefit money. At least with direct debits and standing orders you can cancel them.

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Why don't you set yourself up with a basic bank account and have your benefit paid into that. At least you would be in control then

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You are right, I could open a new bank account. but if i have a choice, I would rather deal with cash, and not banks. My question is basically am i entitled to continue receiving benefits by giro's indefinitely, and what additional sanctions could be applied to me to pressure me into receiving benefits through a bank account.,

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Direct payments to accounts are the preferred method of payment for DWP because in general it is more secure than postal giros.

 

I believe that they can only insist on an account being opened (and then they can only advise the Post Office Card Account) where a history builds up of lost or missing postal giros.

 

They are gradulally phasing out giro payments and eventually the aim is to no longer issue postal payments but certainly at the moment, they are still a method of payment and you are entitled to continue receiving them.

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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When I worked on the Direct Payment programme we were told "in secrecy" that they would be unable to deny giro payments, it possibly would have involved some hefty legislation changes to do so, and then there are the issues of the homeless, bankrupts, people with fraud convictions etc, who either cannot or refuse point blank to have bank accounts - I even had people refusing a post office account, on the basis that it was run by Citibank who were apparantly "unethical agents of the military industrial complex" hehe.

 

JC staff are trained to try and give the impression to the client that they must have direct payment, but afaik, they still cannot insist upon it. And putting someone on daily signing sounds rather like bullying/harrassment for not following the party line, maybe a word with CAB? Or ask the JC staff member to provide evidence of which legislation/rules they are relying upon to do this...

 

To the OP though, do what I did last week after someone I cancelled with a while ago decided to take a payment from my account - cancel your card and get a new one - that will make it impossible for anyone who has your old debit card details to make any more debits - problem solved.

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The daily signing has actually been very agreeable for me. It means i get daily travel allowance which after diesel costs gives me £10 towards car tax and insurance costs each week. I don't think that was quite the intention though.

 

There is one of the managers that seems to have marked my card. She makes an atmosphere of aggression and intimidation towards me every time she talks to me. She's quite skilled in making sure its not the words she says, but how she says them. Needless to say, I'd much rather get a job than sign on, and the banks and my wife can and are putting far more pressure on me than anyone in a job centre can. In the mean time, smiling, politely standing my ground and knowing that as long as I am still breathing is enough revenge for me. Especially as at the moment I get to do it every day :)

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I came under severe pressure today over not passing on my bank details. The same manager has carried on trying to create an atmosphere of intimidation. So far all the threats have been implied, rather than actual such as "We cannot allow this situation to carry on indefinitely", or "it is unacceptable to keep spending £x of public money on daily travel expenses"

 

I have made it clear that my preference is to receive my payments by giro, that I would rather deal in cash, and that a bank account with a card that I can take money out of a cash machine is not more convenient if you have £9.55 in your account. I have also pointed out that the legislation is such that Giro is a valid benefits payment mechanism,and that I an entitled to receive payments by Giro, and secondly that I am aware she has been trained to imply to me that I am not entitled to receive my payments that way.

 

Today, she tried to get me to open an account by phone actually at the job centre with the Co-op.

 

I am thinking the appropriate answer to this is to keep it simple and stick to my key issue that my preference is to receive payments by giro. As a last resort, I am thinking of pointing out that they are expecting me to enter into a contract with a new bank under duress and against my expressed wishes, that they are not entitled to make this demand by law, and so are resorting to intimidation, which is a breach of their job centre charter.

 

is this reasonable? any one have any ideas on what the job centre will do next?

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Tell the Jobcentre your thinking of going bankrupt, so no point :D

 

That, or that given the issues with the type of data CRA's are storing, your not prepared to open up anything that registers with them.

 

Or you could use my fave line from a guy I once interviewed to try and persuade him to open a bank acccount :-o

 

The banks are all stooges of the United States Military/Industrial Complex, and as a free man refuse to allow the CIA to see what I am purchasing"

 

That may work, and it may also have the added benefit of them not really wanting to deal with you anymore, so every signing on they will do the formalities ASAP to get you out :D

 

I would also demand to speak to the manager of the person you are having problems with and with over manager, start the steps for a formal complaint, it is not their job or their lawful right to attempt to make you phone the bank there and open an account.

 

It also sounds like she is in breach of civil service rules - did she specifically order you to phone Co-Op? Because when I was doing Direct Payment, we were strictly, and absolutely forbidden from suggesting a specific bank or favouring one over the others - that is quite a serious issue, since it leaves the DWP at risk of breaching rules of impartiality etc, and her manager may very well REALLY not be happy about this - especially when she realises that you know this is a naughty thing. Mention that the complaint will be going to your MP also. You might finally get left alone then.

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Yeah, she said Co-op by name, and was wanting to put me on the phone in the job centre to open the account.

 

Part of me is thinking this is dangerous, this woman has marked my cards, and the slightest slip up and there will be no benefit of the doubt, she will apply a sanction. Then the other part of me thinks, my card is already marked, so i might as well have some entertainment along the way....

 

I'm not sure that objecting on the basis that the CIA track my purchases is particularly my style. I'm kind of the passive resistance type. I'm quite content to sit there each day. smiling, relaxed, and just keep saying in a calm voice, "why are you even bothering?"

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Yeah, she said Co-op by name, and was wanting to put me on the phone in the job centre to open the account.

 

Part of me is thinking this is dangerous, this woman has marked my cards, and the slightest slip up and there will be no benefit of the doubt, she will apply a sanction. Then the other part of me thinks, my card is already marked, so i might as well have some entertainment along the way....

 

I'm not sure that objecting on the basis that the CIA track my purchases is particularly my style. I'm kind of the passive resistance type. I'm quite content to sit there each day. smiling, relaxed, and just keep saying in a calm voice, "why are you even bothering?"

 

Make sure you do everything they ask (except get a bank account) you cannot be sanctioned for that.

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That's great, the nearest branch is around 10 miles away. So when i get £9.55 in my account I have no way to extract the cash!

 

Well that was an uninformed coment in reply, have you looked into this, nope, but my branch is also ten to fifteen miles away. However they do an online account, which can use any cash point and the post office are happy to pay in cheques and cash and credit to the account.

 

I can over the phone set up dds or so and if want to do it online, though I dont like that and prefer to call, no hastle.

 

I personally think you are just being awkward, there I have said it. A bit like cheques nowadays and them being not accepted for this and that, as annoying it is to those who prefer them, its best just to move on and accept things.

 

If we all demanded giros!!!!!!!

 

And as for needing to withdraw an exact ammount, the co op card can be presented to the post office counter. Hi can I withdrawer £9.55 please? Hence me feeling you are just putting barriers infront of yourself, sorry.

 

What if one of your giros goes missing, I remember having to wait two weeks for another or having to apply for crisis loan, none of that happens now, so its for our convinience also, not a matter of withdrawing a right.

 

Best wishes.

Edited by watchinginvestigation2010
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Whilst I see nothing wrong with being awkward from time to time, that is not the motivation.

 

My motivation is that I always cope with limited money by dealing with physical cash. It's my management strategy. Once you start having banks in the loop, and cash machines, you get into situations where you either have to pay £1.95 to get to your money, or cannot get that last £9.55 out. you start having direct debits, standing orders and making card payments and it becomes all to easy to loose track, and attract bank charges.

 

The fact that I am being bullied over this is wrong. it is immoral, and that is quite a strong motivator for me to dig my heals in and be awkward.

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It might come as a surprise, but the principle thing I am trying to do is to get a job.

 

I hear that they stop your benefits when that happens :(

At which point you will need a bank account as most companies pay their employees by bacs transfer.
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At which point you will need a bank account as most companies pay their employees by bacs transfer.

 

i have two bank accounts. Both of which would be suitable for being paid a months salary into, and are also capable of swallowing a fortnights benefit payment leaving no money left over.

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You say that you dont want to use your bank account and that your motivation for this is that you would find it difficult to withdraw the last tenner or less from the account should you need it, i sympathise to a certain extent but a very good way of dealing with this is to make sure that you withdraw your last tweny quid before it becomes an odd number that is not divisible by ten....I think that to be honest you are creating barriers where there are none.

 

All benefit comes from the tax payer, thats you and me and everyone else in the country. All government departments are responsible for how they spend the public's money and one of the main savings the departments dealing with benefits can make is to pay everyone by the bacs system, by comparison this is mere pence where a cheque cashable at the post office is more four to five times more expensive, they are trying to save you money!

 

An employer will expect to pay you into a bank, as such the jobcentre if they felt like it could say that you are creating a barrier to work by not getting/providing bank details! They could then sanction your money all together! It wouldnt matter then the method of payment because you wouldnt get one!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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I think there is a point of principle here,an employer may make it part of the employment contract to pay salary etc into a bank account, but, it seems this is not the case with JSA and the person at the JC is trying to impose their will on the OP. I have seen many times when JC staff act as bulliles, irrespective whether it is easy or not for the OP to open a bank account it is his right to recieve the money in a Giro

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I personally prefer BACS payment, my money clears at 2am on the receiving days which proves useful.

 

But I fully support PTOL's right to not give the DWP his bank details. Ptol is not really costing the taxpayer any more, many, many people are still on giro's, because they cannot get a bank account (there are good reasons for this) and most jobcentres print Giro's off every day as this is how crisis loans for example are usually paid.

 

Its quite funny - because when I was working on the Direct Payment programme for DWP, they were very pleased about the new shiny, Post Office Card Accounts, thinking it was a perfect solution for the many people unable or unwilling to get a bank acc, and of course, within a few months RM started closing down or cutting back Post Offices, leaving rural people stuffed.

 

I did hear some bloody stupid excuses from people I interviewed though :whoo:

 

One guy - I mentioned him further up - the "Military/industrial complex" chap. He told me that he didnt want the bank account or post office one, because of the paranoid delusion stuff, but another big reason was, he didnt want things like bank statements to arrive, because he lived in a caravan park full of dodgy people, and someone was apparantly going through his mail, and he didnt want them seeing his account details.

 

All very well, apart from the one logical flaw! He was receiving Giro's in the post to the dodgy caravan park!!!

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An employer will expect to pay you into a bank, as such the jobcentre if they felt like it could say that you are creating a barrier to work by not getting/providing bank details! They could then sanction your money all together! It wouldnt matter then the method of payment because you wouldnt get one!

That argument has already been tried by the job centre. It does not hold water, as I have two bank accounts, and I am quite happy for an employer to pay me directly into a bank account, and have done so in the recent past.

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Today's daily sign on went a lot smoother.

 

When I arrived, I asked the reception to ensure that I was not seen by that person, as they had been bullying me on the previous two days. They were quite happy to organise it. When I was called and went to this new persons desk, the other member of staff tried to intervene and say say that she wanted a word with me afterwards. I said that after the bullying from the last few days, I was happy to talk to any other member of staff about any issue they wished, but would not deal with her. If she had an issue that she needed raising, then she was welcome to ask someone else to handle that issue with me. She told me quite aggressively in front of the other member of staff that if she wanted to talk to me, she would talk to me. Anyway, both members of staff disappeared for a few minutes.

 

When they came back, I signed on as normal, was asked a couple of questions about my last night's job search, sorted out the mileage on my travel expenses, and then asked if there was any other issue that they would like to raise with me today, and was told, quite pleasantly, no, you are free to go.

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