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    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
    • dx100uk - sorry for the multiple pages but there should have only been 2.  I have placed them in pdf and will upload them again. Debt Recovery Plus Ltd - 7-10-19.pdf Debt Recovery Plus Ltd - 20-9-19.pdf
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Gallahad

Sigma claim form - M&S CC.- help

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not really, yours is prob fast track? ie not small claims. so, would be form n150. (or n149 if small claims). you could consider any draft directions on it, and mediation.

Edited by Ford

IMO

:-):rant:

 

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Track not been designated yet but it is over £10k so not small claims I would think.

G

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have a look at form n150


IMO

:-):rant:

 

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Track not been designated yet but it is over £10k so not small claims I would think.

G

 

the court will send out the appropriate info


IMO

:-):rant:

 

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" Sigma have just confirmed that they intend to proceed with the claim "

 

Only on receipt of the N150 is this proceeding..... that's another £220 they will have to fork out.........profit in this assignment is deminishing:razz:

 

If and when Gallahad it arrives just bump your thread.

 

Andy


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The N150 arrived in this mornings post i have until the 18th to get it back to Northampton

G

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Plenty of time to respond accordantly Gallahad...just bump your thread a few days before.Now get out and enjoy the sunshine:wink:

 

Regards

 

Andy


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Thanks Andy but no sign of sunshine here sadly. I am surprised the AQ has come Northampton as the copy of the email HL sent to Northampton asked fro it to be transferred to my local court is this usual?

G

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how are you getting on gallahad? your deadline was the 18th?

Edited by Ford

IMO

:-):rant:

 

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I have put in my AQ and they have still failed to supply any documents. They have however asked me to specify my costs to date.

G

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did you do any draft directions?


IMO

:-):rant:

 

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No but I did tell them they would be liable for the costs of changing my defence as they had failed to supply any documents at all to support their claim.

G

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oh ok. might've been an idea to draft a proposed direction as was suggested.

one thing is, generally, to amend a defence would require permission from the court either on application or via its own discretion/order. or with permission from the claimant, thus without the need for courts permission. afaik.

maybe the court will make its own direction in consideration.

andyorch will hopefully look in and confirm/advise.

Edited by Ford

IMO

:-):rant:

 

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If for whatever reason a defence needs to be amended (unless ordered by the court) you would need the agreement of the the other party...the Court... and this would be done by application.The defendant is then responsible for any costs that the amendment has incurred to the other party.

 

Hope that clarifies.

 

Regards

 

Andy


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Thanks Andy I have informed them that I intend to make an application to the court and it was then they asked for my costs to date.

G

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What are you making application for G and what amount is involved in the claim?


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The claim is for over £10,000 but I cannot make public the nature of my application at this stage.

G

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No problem just wanted to check the figs as they are requesting your costs.

 

Regards

 

Andy


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