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    • good grief no!! thats might all be for your WS IFIFIF the claim ever goes that far as already advised a few times.........................   there are 100's of no stopping threads here on CAG   use our enhanced google search on this same page and search for the above words.   put up your take on our 3 -5 line generic non descripto defence you'll see      
    • I see Javid is saying that boosters for all is now the option   Hows that then when they couldn't meet the prior demand? (as also evidenced by members here)
    • was coming back to edit the above but cant   The default notice dated 02 December 2015 (Exhibit 1) states that the Account balance of £2144.88, the Credit Limit is £2000, thus the arrears on the account are £144.88, not the £200 as stated in the letter.   With the arrears being £144.88.   The sum to take the account out of arrears is £144.88 there is no justification for the £200and nothing has been advised in the default notice.   Section 88(c) states that if a breach is not capable of remedy, the sum if any is required to be paid as compensation of the breach, there is no mention of the sum, just the balance outstanding, plus interest and charges due.    The above makes the default notice invalid and thus the claimant is not entitled as per Section 87(1) of the CCA 1974 that the debtor in accordance to with section 87.1 issue a default notice before the creditor or owner can become entitled.   Im getting confused now.
    • Great, well done. Well done also on managing to talk to the court. That seems to be very difficult for most people nowadays
    • Hi Guys, I need to submit my defense for the MCOL due date is 3rd Dec. I don't know if I need to write so much of the attached and whether the details is required afterwards. Please let me know, if the below is ok to submit. Thanks   ************************ I arrived at Liverpool John Lennon airport around 5:30am on 30th July 2019, to park my car in a prebooked car park, called Imagine Parking, located approx 150 metres from the entrance of the airport building. I paid for the parking and flights in May 2019 (receipt attached) for our annual family holiday to Italy. On entering the airport premises I asked my family to look for any signs to the Imagine Parking, as it was dark and the signs were very difficult to read. Unfortunately neither the satnav nor anyone in the car could find the Imagine Parking. After exiting the airport premises following the one way system and then re-entered it again. Again we couldn’t find our car park and I decided to drive in to the pickup/dropoff  car park to collect my thoughts. I double checked the address and postcode and had entered the correct information and read the directions again. So, I paid the £3 exit fee and drove carefully, this time using my son’s mobile phone satnav, but again the satnav said we had reached our destination, so I noticed the entrance to a car park off the roundabout shown in the photo, thinking it must be our car park, however just as I was entering I couldn’t see any signs saying “Imagine Car Park.” I also noticed that if I drove further into this car park, then I would be driving towards barriers to the car park and there was also a raised kerb dividing the entry and exit for the entrance to this car park, so I stopped in order to avoid getting trapped, this was for a few seconds and as I was about to drive away, I noticed a couple of cabin crew walking towards my car and I asked my son to jump out with the Imagine car park document to ask for directions, but they were unable to help, so my son sat back in the car and just I was about to move, I noticed a minibus with “Imagine Parking” written on the side and managed to follow it to their car park about 100 metres away. As can be seen from the timestamp on the photo’s, it was 5:58am and our flight gate was due to close at 7am (flight was 7:30am) and I was feeling anxious. The timestamp also shows I had stopped to avoid going into the wrong car park at 5:57:23 and followed the van at 5:58:07, therefore a total of 44 seconds. I didn’t look towards gaining any advantage by driving towards the wrong car park. Please note the postcode for the Imagine car park and the airport are the same, the driving instructions, which I had read prior to leaving and at the “dropoff/pickup” car park seemed to make sense, but I still couldn’t see the car park. Normally there would be signs to any private car parks. I made an appeal to VCS Ltd and on their online appeal form, there is a drop-down option for mitigating circumstances “to ask for directions,” however, this seems to be bogus and covert practice to get drivers to reveal their own identity only, it is not a legitimate option for mitigating circumstances. I provided VCS with all the above information with car parking receipt (with dates) for Imagine Parking and the boarding pass for the flight. I even explained the above to the first company debt collecting agency. As can be seen from the above, I tried to get VCS Ltd to cancel the PCN with sufficient mitigating circumstances, to no avail. I’m hoping the mitigating circumstances for turning my car away from the wrong car park for 44 seconds are sufficient to dismiss this claim, however if the courts are minded to the claim of a “breach of contract,” then I would like to contest it on the following basis:- I did not enter a contract knowingly and no terms were offered on arrival. I still haven’t seen the “contract” after 2.5 years. It was dark/dusk and the signs are not lit. Even if it was light, how can a driver read a contract written on the side of a road? How would anybody know they’re entering to a contract by driving on a road to an airport? As a matter of law, only the landowners can issue legal proceedings in their own name, VCS Ltd are not the landowners, merely agents with their own tort of law procedures for parking. If any damages did occur for maneuvering a car for 44 seconds, then how is the value of £160 reached? A parking charge notice was issued, however I did not park anywhere on the roads. The roads are governed by the highways byelaws and therefore VCS have no authority for these roads. I have received 13 letters from 4 different debt collecting agencies for a tort of law claim. I request this case be totally dismissed.
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Tax Credit letter - please help


maud26
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Hi

Today i received a letter from tax credits stating that they think i should be claiming as a joint claim as they have info that i have a partner. The letter looks at claims for 2010-2011 and 2011-2012.

I am petrified, my stomach is lurching. For the past two years my husband and I have had a really rough time - through one thing and another we have spilt up several times and got back together, he has lived in a caravan on our garden while we tried to resolve our issues. I am wheelchair bound and have been having chemotherapy treatment for the past two years for an immune system condition, despite this i work full time - my husband also works full time as well as caring for me, he has worked full time for the past 10 months and prior to that had sporadic work through an agency which was more miss than hit.

My tax credit award covered child tax credit and working tax credit - a percentage of which was disability tax credit. 3 weeks ago we sold the caravan as we really felt we could get back on track and when i have tried to call the helpline to let them know it was permananently engaged, i know i should have written but with one thing and another i didnt and now we are in this mess, all my own doing i know but i dont have a clue where to go from here. Can anyone offer any advice - the letter suggests contacting CAB, is this the best course of action?

Hope someone can help xx

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The DWP use certain criteria to decide whether someone is living as a couple with someone else, so I assume the tax credits have similar or their own criteria. They use such things as do you eat together, do you share the same washing machine etc. so the CAB will help you work out whether you have been 'a couple' for the whole two years or not and at which point you become one. But if you have joint finances, your partner pays any household bills for example this is also taken into account. Does he use your address for correspondance? Where is he paying council tax? Did you have planning permission for the caravan given that it was being used as a permanent dwelling and wasn't merely parked there .. I agree I think you need advice from CAB before you respond.

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HI

Thanks for your reply.

I have read some previous posts on here which say that HMRC have a different set of rules to the DWP but i cant think clearly at the moment, he does use my address for correspondance, i was hospitalised for a few weeks and to be honest it was easier to leave certain bills in his name as after having a stroke i didnt have the ability to deal with anything. We dont have permission for the caravan as to be honest the thought never crossed my mind. I feel like ending it all to be honest - i really cant cope with the stress and i cant speak to anyone from HMRC until monday nor CAB - nowhere is open.

thanks

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Hi I am reposting as i think i may have posted in the wrong place - sorry if not

 

Hi

Today i received a letter from tax credits stating that they think i should be claiming as a joint claim as they have info that i have a partner. The letter looks at claims for 2010-2011 and 2011-2012.

I am petrified, my stomach is lurching. For the past two years my husband and I have had a really rough time - through one thing and another we have spilt up several times and got back together, he has lived in a caravan on our garden while we tried to resolve our issues. I am wheelchair bound and have been having chemotherapy treatment for the past two years for an immune system condition, despite this i work full time - my husband also works full time as well as caring for me, he has worked full time for the past 10 months and prior to that had sporadic work through an agency which was more miss than hit.

My tax credit award covered child tax credit and working tax credit - a percentage of which was disability tax credit. 3 weeks ago we sold the caravan as we really felt we could get back on track and when i have tried to call the helpline to let them know it was permananently engaged, i know i should have written but with one thing and another i didnt and now we are in this mess, all my own doing i know but i dont have a clue where to go from here. Can anyone offer any advice - the letter suggests contacting CAB, is this the best course of action?

Hope someone can help xx

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Hello there. This is posted in exactly the right place and I hope the guys and guyesses can help you. As you know, weekends can be a bit quieter.

 

CAB is certainly an option for you and they should have experience of this. I would also hope that your fellow caggers will have some comments for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Maud, try not to panic. Even if the worst happens and you are deemed to have been a couple, it wasn't intentional and I am sure the end result will be setting up an affordable repayment plan until any overpayment is repaid. This worry and stress will pass and the situation will end one day. Hang on to the long view that this is a problem with an end date.

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I know I am panicking - i dont know how i am going to be able to speak to them and i feel like i cant leave the house - irrational i know but i am totally distraught. I have a hospital appointment this afternoon for tests and i cant eat so i know the tests will be more difficult. Its just a nightmare and i think its worse because i cant actually speak to anyone today x

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HI, I had the same letter on Monday, I phoned straight away but they were too busy and I had to wait until thursday for someone to phone. I was in turmoil, similar position to you, my husband was living at his parents but was still on the mortgage, council tax etc. We got back together in Jan and i informed them but they say I never. Because I cannot prove that he was living at his parents ie. no tenancy agreement, and because he had his car insurance at this address I have to pay back to april 2010. He was working away for 10 months last year and i could get proof but they said he could have been sinding money home. The lady wasnt nasty in any way but i felt bullied, waiting to find out re-payments which i am dreading because we are living on rock bottom anyway, I wouldnt worry too much, at worst it will be re-pay what they say you owe, xx

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Thank you so much for the reply. Another sleepless night :-( i hope i can get some comfort from calling them today however small. Did they go for the whole 2 years or did they have a date when they think yr hubby lived with you? Its the not knowing thats the worst part - i will post back as soon as i call them - good luck xxxx

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Hi Maud

 

Try not to worry, the letter says 2 years but they went back to July with me, i called at 8am an they were fine with me, i do have an overpayment but am hoping to get it offset against what i would of got as a joint claim so instead of owing the 8k it should be 2k, so am going to ring them this week.

 

They sorted our joint claim out within 3 weeks, and backdated us 3 months - i really dont understand this,surely if i owe them money they shouldnt be giving us 1.5k just like that!!!!

 

anyway,just give them a call, you will feel much better once it is dealt with,

 

finally, they wont believe you unless you have concrete evidence,just be honest, they dont take the criminal route like the DWP,they just want their money paid back.

 

Good luck nd let us know how you get on.

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Just made the call :-( completely panicked and he didnt give me any chance to explain! He said someone would call me back possibly this afternoon, and that they had a date of 06/04/2010 for my hubby living there. Im in a worse state than ever now because i didnt get anything out that i wanted to :-( i feel like a complete criminal

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Hi, they told me i had to pay back from april 2010 which will be about 16k, just waiting for the letter to phone and arrange re-payments, I am quite angry because he wasnt living here but I cannot prove that he was at his parents, even though his work mail went there and he recently informed national insurance office he was there but they wouldnt listen, she basically said if i wanted to argue the point then they would re examine case and takeit back to 2008. no point in me doing a joint claim because that would come back at nil,

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Well i had a call back within half an hour (couldnt post on here as i was at work) from a lovely lady who said that the overpayment would now be calculated and the overpayment team would contact me by letter and i then need to call them to arrange a repayment plan. She advised me to make a joint claim tomorrow - cant see much point but worth a try i guess. She was very reassuring and said there would be no penalty or prosecution so i feel very relieved in that sense. Just need to wait now - a huge THANK YOU to everyone here for your advice, i really appreciate it xxxx good luck to you all too :-) fingers crossed for a better nights sleep too!

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