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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    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. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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hrmc / dla and motability


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hello there

my dad has a motorbility car using the higher rate mobility component of the dla, due to various medical problems

 

he has last week gone into hospital after having quite a bad stroke

 

currently, I am using his car to take family members to visit him in hospital, after an enquiry to check this was ok - motorbility say "Provided your dad is deriving material and/or practical benefit from the car and has access to it when required, he does not necessarily have to be present every time the car is used. For example if you do not have your own transport and you are using your dad's car to visit your dad or you are taking family members to visit your dad on a regular basis, he is receiving benefit from his car" mean that yes its ok for this use, I do have my own transport btw.

 

but in some of the leaflets about stroke we have seen, it says dla will stop after 28 days - will the payments for the mobility car also stop? / car have to go back? I can foresee he will be in hospital for a while.

 

thanks for looking

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Hi

 

My mother sadly no longer here had a motability car and when she was in hospital we had the same concerns about the car and they could not be more helpul at that time and as my father drove they just immediatley added him to the insurance and classed him as an additional driver but we made sure everything was in writing to basically be on the safe side if anything happened with the car.

 

I think you need to contact Motability and get it in writing that you are allowed to drive that car.

 

* They insure via RSA and RSA do need to know if there are any additional drivers of the vehicle for insurance purposes. So you would need this in writing from Motability that you do not require to inform RSA that you are an additional driver of the motabvility vehicle.

 

* They do have a policy on additional drivers but in hospital circumstances its always best to be open and inform them of the circumstances they will do there best to help you but please ensure you ask for it in writing to keep you on the safe side especially with the insurance.

 

Here is a link to Motabilitys Website: www.motability.co.uk

 

On there website at the top Click Car Scheme

Look down the left side for Customer Zone and Click

Near Middle of Screen Click Nominated Drivers

 

That Info may be useful

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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the insurance part is sorted, I have been a named driver on the policy for two years

 

its the dla stopping and possible loss of the car should he stay in hospital that is of concern - mainly to my mum at this stage, am sure that when he comes out of hospital we will need that car more than ever

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The answer as per this link to the NHS advice site is that no, Motability will continue even if the hospital stay lasts longer than 28 days.

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  • 4 years later...

My Dad who had a stroke in 2011 has a wheelchair car that requires me to drive, to get him about,

 

 

he has moved into a care home and I have a letter from the council saying his DLA must now stop

- I thought Motability was part of it

- will he lose his car?

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Hi,

This is from the Nidirect.gov website.

My understanding is that from what you say above, the Mobility Component should not be affected unless the Local Trust is helping pay for it.

You really need to clarify the funding arrangements, in order to be sure. I would also speak directly to the DWP and not just take the Councils word.

 

Residential care and nursing homes and benefits

 

A permanent or temporary stay in a residential care or nursing home can affect your benefits. Below are a list of benefits and how they may be affected if your stay is permanent or temporary.

Benefits and home fees

 

If you are receiving benefits and your circumstances change, you need to tell the Social Security Agency. You will probably have to contribute most benefits you get towards your home fees.

 

Moving into a home should not affect the mobility component of your Disability Living Allowance (DLA). It will also be disregarded when your local Trust is calculating how much you should contribute towards the cost of your care.

 

If your local Trust is funding your residential care or nursing home fees, both the care component and the mobility component of your DLA may be affected. You should contact the office that normally pays your DLA for further information.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Should you happen to loose the DLA MOTO component then they normally take the car back 28 days after the DLA stops.

 

I must add that the Motobility Car people are thoughtful people and when we had to give up our Moto car they allowed us to keep the car another 2 weeks after the return time was up as my wife's Mother died shortly after my wife lost her DLA award. They did this so we could still have use of a car for the funeral.

 

I was told by the person who came to collect the car that they take the cars straight to auction now, So I guess that's why there's so many 3 year old cars on the forecourts of garages now. I was also told that there's is the chance to actually buy the car from them (not sure if this is true)

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Have Motability been informed they are in a Care Home as you may need to inform them, see this link: http://www.motability.co.uk/cars-and-wavs/customer-area/your-agreement-named-car-drivers

 

If none of the named drivers live at the disabled customer’s address, or the disabled customer lives in a care home where a number of drivers have access to the car, we may consider fitting a location tracker. This is to ensure the customer is gaining direct benefit from the car. We will always speak to the customer to discuss this in advance of a tracker being fitted.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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