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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA Time Limit You Can Cliam For


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I have just read that you can only claim ESA for a year as opposed to ongoing whilst on IB, is this correct and if so, what is somebody who has long term mental health problems supposed to do after that year? They cannot be sure that that person will be well enough to work?

 

Also, I read that whilst claiming ESA you can get help paying interest on your mortage, would you be able to do this if 2 people (who are seperated) are named on the mortgage, one working and one on ESA? Would they pay the part that the person on ESA pays? If that makes sense.

 

I have a very distraught relative with servere mental health issues who is now (after reading the above) having some sort of meltdown and I do not know how to to advise her. It seems this government is just going to hang people out to dry with no thoughts on how ill people are doing to deal with all this.

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Employment and Support Allowance (ESA) is the benefit that is replacing Incapacity Benefit (IB) which is being phased out. The Government has today voted to push through plans to limit Contribution-based ESA to one year, and these changes will go through from April this year if this Government does indeed force them through.

 

It is important to stress that your relative may well be in the "Support Group" which would mean that they are exempt from removal of the contributory based ESA. It is important to check this, as it may be that they are in the "Work Related Group" or the "Support Group".

 

As I understand it, those who fall foul of this change will be moved onto Income-based ESA, which is means tested and takes savings into account on calculation.

 

To be frank, the changes are an absolute disaster and will be further muddled next year with the arrival of the Universal Credit.

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Thank you for replying, she is in the Working Related Group.

 

Income based ESA - does this include what a person has coming in every week or is it just related to savings

 

I must admit, I agree with you totally and I don't see how these changes could work alongside Universal Credit, nothing seems to make any sense now and it certainly doesn't help the people concerned who are ill in some way or other. I just would like them to clarify all changes and leave it at that but they seem not to know their a***s from their elbows.

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If she has been on ESA for a year in April, then I'm afraid that the contribution-based ESA will end and she will be moved to income-based ESA. Income-based ESA is means tested, that means that any income she has, and her partner/spouse if she has one, will be taken into account as well as any savings. If she has a recent letter detailing her benefit level, it may well detail how much she would get on Income-based ESA and would be worth checking.

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Thanks again, she moved onto ESA in November so I presume that will end this coming November, she is a single parent but my son still pays half of the mortgage. Do you know what kind of income she is allowed to have in order that she can claim ESA or perhaps somehwere I can find this information? Thank you for all your help

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Thank you for replying, she is in the Working Related Group.

 

Income based ESA - does this include what a person has coming in every week or is it just related to savings

 

I must admit, I agree with you totally and I don't see how these changes could work alongside Universal Credit, nothing seems to make any sense now and it certainly doesn't help the people concerned who are ill in some way or other. I just would like them to clarify all changes and leave it at that but they seem not to know their a***s from their elbows.

 

There are two types of ESA: contribution based ESA© and income based ESA(IR). ESA© is based on her NI contributions and isn't affected by savings or a partner's income. ESA(IR) is based on the amount of money a household has coming in each week, so savings over £6000 are considered, as is any partner's income.

 

At the moment, there is no time limit on ESA© but legislation currently before Parliament would set a maximum time of 12 months to claim this benefit. No time limit exists or is proposed for ESA(IR).

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Thank you both, much appreciated, will have to find out which one she is receiving. Is it likely the the ESA© will go through parliment at a set time of one year or is that up in the air too?

 

She has no savings so that cannot be taken into account.

 

Very helpful forum, thank you very much

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sorry for seeming to be a bit stupid but i have been on ESA since 2009 (december) and only in september 2011 i was awarded my full ESA and put into the work related activity group....in what way will i be effected?

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sorry for seeming to be a bit stupid but i have been on ESA since 2009 (december) and only in september 2011 i was awarded my full ESA and put into the work related activity group....in what way will i be effected?

 

Do you receive ESA© or ESA(IR)?

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The idea that all politicians lie is music to the ears of the most egregious liars.

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sorry for seeming to be a bit stupid but i have been on ESA since 2009 (december) and only in september 2011 i was awarded my full ESA and put into the work related activity group....in what way will i be effected?

 

If your ESA was backdated to December 2009, then I am afraid you will be affected in April.

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i did receive a backdated payment but i don't believe it was backdated back to 2009 december...i got all but 3 months

 

I'd certainly query that. You need to know how long they are counting that you have been on contribution-based ESA, and therefore how long you will be covered for.

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okay thank you...what changes will happen? as i don't have any kind of savings and i will be living with my brother who supports himself and pays his own mortgage which i can't afford to give him rent and survive.

 

I'm not sure how they will look at your case. As I mentioned earlier, Income-based ESA is means tested, so I cannot be sure as to how they will look at your circumstances I'm afraid.

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If you have no savings and no other income then it seems likely you would qualify for ESA(IR). Note, though, that we can only give general guidance here, we can't say for sure.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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hi antone, thank you for the somewhat breath of slight fresh air. i am completely tangled by all of this. I live with my brother and it is his house and he pays the bills so i only have my benefits to live on. I don't see how people have 6,000+ savings on benefits anyway, i have just enough to live on.

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