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    • Absolutely for the agreement they are referring to.... puts them on notice that this is going to be a uphill fight.   Andy 
    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. 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.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Well, when I got a got last March I was contacted by the head office...Basically to check how i was £££££ doing, and if i was still working lol...

 

Your Advisor will probably keep a check on you. Especially when you've been in a job for nearly 6 months. They will want you to hit 6 months, so they can claim the golden ticket (£££££££££££££££££££)

 

Well that makes sense lol, sounds like them, so after 6 months they don't claim on your behalf anymore? As I said earlier in the post my advisor said she would stay I'm contact me but didnt, which I wasn bothered about as advisors have a lot if other things to worry about, I could of done with it though because I needed support but couldn't exactly ask the head office in another city ( Birmingham I think) so some weeks I was left really struggling while their getting £400+ for me,

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UNIVERSAL JOBSNATCH

The PCS Union has issued guidance to its members (i.e. JCP staff). They say:

“You cannot issue a Jobseeker’s Direction to either require a

claimant to create a profile and CV in Universal Jobmatch or to mandate a

claimant to give us access to their account – this is their decision not

ours.”

Full text of PCS memo here:

http://www.pcs.org.uk/en/department_for_work_and_pensions_group/dwp-news.cfm/id/78E359C6-7B09-4FC6-98EBD4696432C199

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Well that makes sense lol, sounds like them, so after 6 months they don't claim on your behalf anymore? As I said earlier in the post my advisor said she would stay I'm contact me but didnt, which I wasn bothered about as advisors have a lot if other things to worry about, I could of done with it though because I needed support but couldn't exactly ask the head office in another city ( Birmingham I think) so some weeks I was left really struggling while their getting £400+ for me,

 

After 6 months, if you're still in work, they'll be claiming every 4 weeks for sustainment payments.

 

Just got this from some site or other:>

 

Payments

 

There is a three stage payment for the programme:

 

Attachment fee: This is paid to a Prime contractor (see below) when a client is allocated to them. The payment amount varies dependent upon the needs of the client and will reduce over the first three years of the programme. By the fourth year it will cease completely. In year 1, the majority of successful Primes are looking at making an upfront payment to organisations within their supply chain of between £100-£300.

Job Outcome fee: This will be paid to delivery organisations once clients have been in work or on an apprenticeship for a set period of time. For most clients this is six months, for those with greater needs it is three months. For almost all clients the attachment fee is in the order of £1,200, but for those with the greatest need it may reach £3,500. Again the total available sums will vary regionally and be dependent on the price which individual successful Primes have contracted with DWP.

Sustainment payment: This is a payment made every four weeks to delivery organisations who keep a client in work. For the majority of clients this will continue for a further year, but for those in the most need it continues for a further 18 months or two years. The level of this fee will range from £115 and £370 per quarter; again depending on the overall contract price negotiated between the successful Prime contractor and DWP in a specific Work Programme lot or Contract Package Area (CPA).

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After 6 months, if you're still in work, they'll be claiming every 4 weeks for sustainment payments.

 

Just got this from some site or other:>

 

Payments

 

There is a three stage payment for the programme:

 

Attachment fee: This is paid to a Prime contractor (see below) when a client is allocated to them. The payment amount varies dependent upon the needs of the client and will reduce over the first three years of the programme. By the fourth year it will cease completely. In year 1, the majority of successful Primes are looking at making an upfront payment to organisations within their supply chain of between £100-£300.

Job Outcome fee: This will be paid to delivery organisations once clients have been in work or on an apprenticeship for a set period of time. For most clients this is six months, for those with greater needs it is three months. For almost all clients the attachment fee is in the order of £1,200, but for those with the greatest need it may reach £3,500. Again the total available sums will vary regionally and be dependent on the price which individual successful Primes have contracted with DWP.

Sustainment payment: This is a payment made every four weeks to delivery organisations who keep a client in work. For the majority of clients this will continue for a further year, but for those in the most need it continues for a further 18 months or two years. The level of this fee will range from £115 and £370 per quarter; again depending on the overall contract price negotiated between the successful Prime contractor and DWP in a specific Work Programme lot or Contract Package Area (CPA).

 

I see thanks for that info, so on the 6 month mark your ild advisor will get a bonus ir something like that? personally I let ingeus/my advisor claim till the 6 month mark then I withdrawn consent, only because my advisor was ok with me and after that 6 month mark I then wanted to be left alone without that thought at the back of my mind that they were making money on my own success, If itit wasn't for my advisor I would of done it before I got this job, is it the head office that send you letters of in work support and that?

Edited by G4C389
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I've not withdrawn consent yet but I've already told my 'advisor' that if I do get a job I won't be telling them or the Job Centre where it's at - so they won't be getting any payments on my behalf. Actually do something and find me a job and I might reconsider, but otherwise they can go whistle. I also told him that at the first threat of a sanction they can go take a jump too,,,,not sure how it all went down (or if he was even listening) but I'm waiting on my next appointment with him. The first was a group thing so this appoinment I'm waiting for will be our first 1 to 1 - should be interesting..lol

 

I'm waiting on an interview outcome so I might not have to meet him ever again anyway - fingers crossed :-D

 

btw, this advisor is quite a nice likeable chap too. I (i've nothing against him personally whatsoever). He told us that he was on the WP himself not so long ago - I can't help thinking some of these WP workers are as much victims of the system as we are. The WP providers are quids in with these lot. The wages aren't brilliant and they'll be saving 5 grand of that with sustainment payments (if they last that long...lol)

Edited by stikky62
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After 6 months, if you're still in work, they'll be claiming every 4 weeks for sustainment payments.

 

Just got this from some site or other:>

 

Payments

 

There is a three stage payment for the programme:

 

Attachment fee: This is paid to a Prime contractor (see below) when a client is allocated to them. The payment amount varies dependent upon the needs of the client and will reduce over the first three years of the programme. By the fourth year it will cease completely. In year 1, the majority of successful Primes are looking at making an upfront payment to organisations within their supply chain of between £100-£300.

Job Outcome fee: This will be paid to delivery organisations once clients have been in work or on an apprenticeship for a set period of time. For most clients this is six months, for those with greater needs it is three months. For almost all clients the attachment fee is in the order of £1,200, but for those with the greatest need it may reach £3,500. Again the total available sums will vary regionally and be dependent on the price which individual successful Primes have contracted with DWP.

Sustainment payment: This is a payment made every four weeks to delivery organisations who keep a client in work. For the majority of clients this will continue for a further year, but for those in the most need it continues for a further 18 months or two years. The level of this fee will range from £115 and £370 per quarter; again depending on the overall contract price negotiated between the successful Prime contractor and DWP in a specific Work Programme lot or Contract Package Area (CPA).

Self Employment

The payment model also applies if, for the sake of argument, some jobseekers are coerced into becoming self employed, and irrespective of how sustainable the underlying Business Model is, provided that they remain in a Registered Business, will generate £215 to the Work Programme Provider for every 4 weeks. Plus, if the candidate can make up the hours worked to 30 hours per week (through marketing, administration etc), then they can claim Working Tax Credit.

 

Far better that, if someone has a Business Idea, they discuss it with an Independent Professional Advisor in their own time, and develop a Business Plan, rather than simply deal with Welfare To Work Clerks. That way, the erstwhile entrepreneur will at least be dealing with a Professional Advise, rather than with a Clerk within a dubious enterprise.

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do you have to show your WP advisor your job search records?

You have to provide information on the jobs that you have applied for, in whatever way and form that the candidate deems appropriate.... but are not required to provide contact details so that a clerk "may follow up on the application".

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You have to provide information on the jobs that you have applied for, in whatever way and form that the candidate deems appropriate.... but are not required to provide contact details so that a clerk "may follow up on the application".

 

 

ok thanks

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After 6 months, if you're still in work, they'll be claiming every 4 weeks for sustainment payments.

 

Just got this from some site or other:>

 

Payments

 

There is a three stage payment for the programme:

 

Attachment fee: This is paid to a Prime contractor (see below) when a client is allocated to them. The payment amount varies dependent upon the needs of the client and will reduce over the first three years of the programme. By the fourth year it will cease completely. In year 1, the majority of successful Primes are looking at making an upfront payment to organisations within their supply chain of between £100-£300.

Job Outcome fee: This will be paid to delivery organisations once clients have been in work or on an apprenticeship for a set period of time. For most clients this is six months, for those with greater needs it is three months. For almost all clients the attachment fee is in the order of £1,200, but for those with the greatest need it may reach £3,500. Again the total available sums will vary regionally and be dependent on the price which individual successful Primes have contracted with DWP.

Sustainment payment: This is a payment made every four weeks to delivery organisations who keep a client in work. For the majority of clients this will continue for a further year, but for those in the most need it continues for a further 18 months or two years. The level of this fee will range from £115 and £370 per quarter; again depending on the overall contract price negotiated between the successful Prime contractor and DWP in a specific Work Programme lot or Contract Package Area (CPA).

 

I am a little bit confused by the wording of this....how the hell can they claim a payment every 4 weeks for 'keeping' a client in work? surely this is down to the individual keeping his/her job not them!!

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I am a little bit confused by the wording of this....how the hell can they claim a payment every 4 weeks for 'keeping' a client in work? surely this is down to the individual keeping his/her job not them!!

 

How or why they do a lot of stuff confuses me. The word 'advisor' gets me everytime!

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How or why they do a lot of stuff confuses me. The word 'advisor' gets me everytime!

 

Advisor is a word bandied about a lot these days, the people at the end of the phone at my housing associations repair dept, are supposed to be advisors, even though they don't know the difference between a stop cock and a spanner.

For advisor read 'phone jockey'

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Advisor is a word bandied about a lot these days, the people at the end of the phone at my housing associations repair dept, are supposed to be advisors, even though they don't know the difference between a stop cock and a spanner.

For advisor read 'phone jockey'

Within A4E and Working Links, the Clerks have always awarded themselves the baloneous title of Consultant.

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This morning I was fortunate enough to be offer a full time job, which of course I accepted.

 

Following that phone call, I then rang Ingeus - who after I told I now had full time work which was starting on Monday, still forced me to come into an hour of 'assisted' job search this afternoon and wouldn't let me go until I'd pointlessly applied for a minimum of 2 jobs.

 

Just wondering, now that I've signed off and in full time work, will Ingeus contact my new employer?

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This morning I was fortunate enough to be offer a full time job, which of course I accepted.

 

Following that phone call, I then rang Ingeus - who after I told I now had full time work which was starting on Monday, still forced me to come into an hour of 'assisted' job search this afternoon and wouldn't let me go until I'd pointlessly applied for a minimum of 2 jobs.

 

Just wondering, now that I've signed off and in full time work, will Ingeus contact my new employer?

 

Forced, how?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Reba they can only contact the employers if you give the details, if you close your claim for JsA on either the ES40 or ES40s you can simply state starting work over 16 hours, it isn't a requirement to give the employer details.

Congratulations x

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Reba they can only contact the employers if you give the details, if you close your claim for JsA on either the ES40 or ES40s you can simply state starting work over 16 hours, it isn't a requirement to give the employer details.

Congratulations x

 

Thank you,

I ended my JSA claim by calling the in and out of work number, as my JCP adviser told me to, and they took my new employers details. I'm guessing this will be passed onto Ingeus then?

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If you qualify for the Job Grant and run on payments on HB and Ctb then you should declare it closing due to starting work.

 

Unless you have withdrawn consent at the Work Program then yes they can contact and ask for employer details.

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4 Interviews in just over 1 week...

 

1 work trial in February...

 

Passed a telephone Interview, so awaiting Interview with Manager. This month has been a great one!!! Looking forward to escaping Ingeus...

 

I might make a film on it, 'Escape from Ingeus'....Sounds as good as the alcatraz one hey...:lol:

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one of my friends is also on the WP and suffers from bad anxiety problems, he had to attend his first confidence workshop today (im due to start it in a few weeks) and as they had to do something that involved a bit of speaking out loud he walked out and said a member of staff he couldn't do it because his anxiety was playing up. it was volentry (although his advisor told him different) and he has just asked me is there any other help he can get from ingeus to help deal with his anxiety and is walking out a sanctionable offence?

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Hi joeski

 

 

 

 

he has just asked me is there any other help he can get from ingeus to help

deal with his anxiety

I am guessing from the course name (confidence workshop) that this is what the provider considers to be help for your friend's anxiety issues!

There is a huge degree of irony that he became so anxious at what was supposed to be helping him/her with his anxiety that he felt compelled to leave the session. It must be remembered that Ingeus staff are not medically qualified in any way - let alone specialists in mental health. Unqualified people can do more damage than good and it would be extremely insensitive to raise any sort of sanction doubt in the circumstances described.

Should Ingeus attempt to do so I recommend that your friend seek immediate help from the CAB' I would also complain and threaten to contact the press with details.

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