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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Benefit Sanctioned - please help :(


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I've had my JSA stopped for four weeks for missing a job search session with Avanta. I was moving house and stupidly it slipped my mind. I know it's not an excuse, but four weeks seems excessive to me. I do my job search independently anyway, even when attending the cramped job search. Avanta are worse than useless.

 

Where do I stand with this? The 'doubt' was raised on the 17 October and only got applied on the 4 December, which meant all over Christmas I've not had two pennies to rub together. Fantastic. Although I live with my dad he's a bit annoyed too as I can't pay him his board, which he could really use. He's not on a huge wage.

 

I've heard of hardship allowance - can I claim this? Although I live at home I still have expenses and things I need to spend money on. It's not like I'm sat at home all day watching TV, I'm out four or five days out of seven all day doing charity work, trying to gain some new skills and experience which will hopefully help. Not that it has thus far, the countries broken and there are no bloody jobs. I've heard an advisor admit this herself.

 

Since the sanction was only applied on the 4, is it too late to appeal? I gave up to be honest and just thought 'f--k it, I can't be bothered anymore'. It's only because I feel bad for not been able to give my dad something I'm posting this. I'd rather do without than beg them for the pittance they throw. But whatever.

 

So, where do I go from here? As I say I know it wasn't anything like a doctors appointment, simply an honest mistake because more important things took precedence. I've never been sanctioned before and this is a first. Once or twice I've been five minutes late because there's a level crossing right outside and sometimes it's down when I get there. What do they want me to do, jump the barrier? They once wanted to sanction me for being four minutes late due to this. Somebody had more sense as it was sent back. I'd been telling my advisor at avanta for weeks that I'm moving soon just didn't have an exact date - you'd think she could have waited to find out why I didn't attend before flagging up a sanction. I was in there the day after when it hit me apologising for not turning up. As I say it's not useful or helpful anyway. You're thrown on a computer and left alone without so much as a boo for an hour.

 

Thanks for any help you can give me. :)

 

I know it's my own fault, I don't need any lectures about 'well if you want your JSA you do what they tell you', as I've previously been informed by my snotty JC advisor.

 

Thanks again. ^_^.

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A little off-topic but I'll mention this so you can consider it; see, the thing is it's helpful to Avanta to have you sit at a computer as then they can claim a gazillion pounds of public money for assisting you in your jobsearch. Of course it's absolute nonsense and a complete [problem]. I assume the ministers who agree to this get their slice later, which is where we as a people have a problem because when prominent politicians from both ends of the political spectrum are robbing the public purse this way during their time in power no political party big enough to get the job done wants to stop it.

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because its potentially libelous word that can be taken out of context and used against cag :wink:

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The last post made me laugh..the word you are refering to is automatically removed, its a strong word to use, are you serious saying the job center is involved in fruadualnt criminal activity to deprive you of your money ?, I suspoect not, that is why that word is changed on here.

 

I would of thought you should of been informed of the sanction, ask the job center when it was applied and was there a letter sent out.

 

IMO it is always worth appealing, I have been succesfully, I am surprsied by your comments 'oh f**k it'..its worth at least £280 surely ?, so I would definately appeal

 

Andy

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Im not sure, I believe it would of told you on the letter you should of received, I just handed in my docs at the job center but this was a few years ago.

 

Ive attached the appeal i made and it was succesfull and had a general moan about them :)

 

Andy

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I believe that Avanta is a work program provider and therefore they raise any doubt referral which is sent o te DMA team and therefore JCP have no input what so ever in this referral or decision process.

Failure to attend prior to 22/10/12 falls into the oldrules which was 2 weeks, 4 weeks, 13 weeks then 26 weeks for failing to attend WP appointments.

You need to request a reconsideraion of the decision and note that if not favourable you want to pursue an appeal and you have 1 month todo this or you need to explain why you have submitted the request late.

As the sanction is for a failure to attend prior to 22/10/12 you are not eligible to apply for hardship allowance for any work program referrals/decision/sanctions.

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