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    • Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile). Just having a good old read through similar threads atm. Wow some of this jargon is hard to take in 😳.  Thank you for your support x
    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • 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 intimida ted . 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:
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evule1

Overpayment of JSA

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I need some help with a JSA overpayment, please.

I am working. My partner is unemployed at the moment and as I don't earn enough money we have a JSA claim together. The claim is in my partner's name.

I changed an employer almost 3 months ago and we immediately informed the JCP. We always supply all the information in time and my partner is taking my payslips and the completed B7 form every time he signs on.

We were informed that it may take some time for the Benefit Centre to process our claim as there is a backlog of one month.

Two months later there was no answer so we called them. And not just once. We spent around £30 on phone calls to JCP Benefit Centre trying to tell them that if they don't sort it out soon they may overpay us.

JCP sent letters to my current employer asking her to fill in various forms about how much my partner earned there. We corrected them saying it was actually me who is working and they should know that. So my employer filled in all they wanted. Several weeks later, hours in phone calls and endless visits to our local JCP office we thought everything will be fine just in time for Christmas.

What a nice surprise when we received a letter on Saturday 27/12/12 dated 20/12/12 informing us of an overpayment of £290.60 for the period of 19/10/12 - 15/11/12 plus civil penalty amount of £50 totalling £340.60!!!

Aparently we did not inform JCP about the changes in time. And I had two jobs in that period. Neither of which is correct.

I calculated that there is an actual overpayment but only about £68. I am quite happy for JCP to take that back although it shouldn't occur in the first place. What I am not happy about is the maladministration.

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Hello and welcome to CAG.

 

I'll move your thread to the benefits forum, where people should be able to advise you. I'll leave a short term redirect on this forum.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Do you have any evidence of what you're saying with regards to the overpayment?

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I think I would ask them to take me to court for it and you will make a counter claim for the expenses their incompetence has forced on them.

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We have photocopies of some forms but not all as we did not expect this to happen so we were just supplying JCP with what they asked for and not thought anything of it.

About a month ago we were adviced to start taking copies. Just in case.

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You can send them a subject access request which gives them a statutory time limit on supplying you with everything they have on you including all correspondence. Max cost £10 so send a cheque for that amount.

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That's nice to know. They must get it in some other way as they will never be out of pocket.

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Who do I write to for this SAR, just the jobcentre?

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Who do I write to for this SAR, just the jobcentre?

 

Send it to the Benefit Centre that processes your claim, not to the Jobcentre where you sign on.

 

If you can prove what you say here (that you did inform them of the changes in your circumstances) then you have a good case that the overpayment is due to official error and therefore not recoverable.


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The idea that all politicians lie is music to the ears of the most egregious liars.

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The address of the benefit delivery centre (BDC) should be on any letter you receive about your benefits.

  • Haha 1

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Appeal the overpayment immediately on grounds of official error. These overpayments are not recoverable under social security law - even the bit of the overpayment that is correct.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thank you for advice to everybody who wrote.

 

We appealed, supplied the JCP and the Benefit Office with some more forms they required and put in another official complaint. We also wrote to our local MP.

So far we only had reply from him saying that he is looking into it. We had no replies from the JCP or the Benefit Office.

 

If anybody has any other valid comments or ideas, please write.

 

You were all most helpful. Thanks again.

 

evule1

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Hi everybody,

this is a little update on my last post.

Great thanks has to go to everyone who helped in any way. We had the decesion overturned and the overpayment wiped out. We also received a letter of apology from the Benefit centre manager.

It pays to fight for the right thing.

Thanks again

evule1 :)

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That's great, I'm so pleased. :)

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Excellent, and thanks for coming back to let us know. This will help future CAGgers with similar problems.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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We had the decesion overturned and the overpayment wiped out. We also received a letter of apology from the Benefit centre manager.

 

I had a similar experience a couple of years ago working part time temping. Each visit to the JCP, I would fill out the forms, watch the advisor complete the screen work, and then get copies of all the paperwork. After about two months, the working hours started to ramp up so I signed off and got an demand for overpayment a few months later. What narked me was the "because you haven't told us of..." statement. After a couple of strongly worded letters, the last including the line "If I am now expected to maintain records to cover for the institutional incompetence of your staff, kindly instruct your procurement department to contact me to discuss conditions and fees to access the data."

 

The "debt" was written off, but no apology was ever received, so I'm still annoyed with the muppets over at Cheltenham.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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