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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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vixta

Are CSA allowed to tax a tax free armed forces medical pension into calculation?

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Hi,

 

Sorry if there is a thread similar to this, and if anyone can provide me a link to this I would be much appreciated, if not does anyone know for sure the answer to this question?

 

Are CSA allowed to take into account a tax free medical pension into account when calculating the payments to be made? He is not disputing paying for his child as he is working again now and pays for him but they are saying that he owes money for the 6 months he was only receiving a tax free medical pension, they were receiving money from his ESA benefit. Now they are taking both amounts of money into account.

 

Thanks for any help anyone can provide.

 

Vixta :-)

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If not made aware of the pension at time and it was paying out then yes they could come at it as it is treated as income and all has to be declared. The pension may not have affected his esa for the first six months but still needed to be for csa as they may have calculated more than 5.00 a week as a result.

 

If ive misread as you do say only claiming the pension at any point then yes you still needed to declare it to them even if were not getting any benefits at time.

Edited by watchinginvestigation2011

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Thanks for the reply :-)

 

He is not disputing the arrears, he says he will always pay for his son, he sends money at birthdays and xmas all of which never goes through the csa. He is also unsure the child actually receives it, but he still sends it. However, the dad, has private medical care to pay for each month for his injuries as he cannot hold a job down if he has to take the time off for the NHS. This money is suppossed to be paying for this and is unable to fully pay for the treatment because CSA taking some of it. As this is not taxable for this reason, and would never be allowed to be touched by anyone else, can the CSA really take this money into account as they did initially tell him it was taxable income they needed to know about that is why he did not tell them initially. I hope this give you more background.

 

Vixta

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