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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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Compliance officer interview for my partner tomorrow at JC, advice anyone?


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My partner is to have an interview at the JC tomorrow by what seems to be a compliance officer reguarding an issue with the benefits (a joint benefits claim by the way) she gets. She has never had 1 of these before or been called in for such an interview so I did a little googling. Seems they are more likely to be doing an interview with reguards to an accusation of benefit fraud than something completly random or innocent?.

 

That in itself is not worrying her as she has done no benefit fraud, no working, fake claims or anything (if that is what they are calling her in over) and done nothing wrong that she can be accused of. But what is concerning her is that this is happening close to xmas and 3 years ago for 2 years running all the bnefits were stopped just before xmas because of those ATOS medicals that found her fit for work when she was not. And she is worried no matter what she says reguardles of what she is being called in for that may just result is a suspended benefit claim because her letter indicates that they have the right to stop her, well our benefits if she does not completly comply with the person at the interview tomorrow.

 

Now the benefit fraud accusation as being a likely reason after researching, we have had issues recently with a neighbour recently where for no reason than we stood upto them have threatened to do whatever it takes to make our lives a misery. So I'd certainly not put it past this person to have made a fake accusation like this just going into xmas just to cause trouble for us.

 

Now assuming this is the reason for her being called in can I assume if thats all it is, an accusation of benefit fraud that they wont freeze or stop the benefits without any proof?.

 

My partners issue is that she is also dyslexic and does not have the best use of grammer or the ability to answer detailed questions as well as most people can. On top of this she is also suffering from stress (pecause of other personal issues) and is concerned about being asked long questions she might not fully understand.

 

Am I right in thinking my partner has the right to have me sit in the interview with her to help keep her calm and ensure she is not going to have her words taken out of context due to not having the ability to propperly answer detailed questions she might not properly understand?. Am I even alowed to help her with answers or information or would I have to stay silent throughout?.

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Are the job centre aware that she's Dyslexic?

 

I'm not to sure, but I'd assume things like that would be on her record anyway as it's something that would affect any past or possable future employment options.

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