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    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and 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.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if 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.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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Question about ESA Disability Premiums

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Hi all,


I was awarded DLA with Higher Rate Mobility and Middle Rate care for 5 years in 2008. At the time I was also on Income support, and so started getting the Severe Disability Premium. I was then changed over to ESA early last year, and placed in the Support Group. The letter awarding me the ESA at the time, had dropped the Severe Disability Premium, and paid me a "top-up" premium instead. As the money was the same, I didn't think too much about it at the time, and I assumed that the SDP had been done away with.


I have now been re-awarded DLA for an indefinite period, at the same level, Higher Mobility and Middle Care. Today I got the ESA reassessment letter, with the same "top-up" premium. However, when I went online to check the rates, I find that the Severe Disability Premium is still showing, so I'm wondering if I should have been getting it all along? According to my calculations, if I was still getting the SDP, I would be about £13 a week better off.


I'm also getting a "Disability Income Guarantee" payment of £14.80. Can anyone shed any light on what that is, please? I can't seem to find anything much about it by Googling.

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As Nystagite says, the enhanced is the disability premium. To get the SDP you need to request an IS10 form and the premium will then be added.


When I was on Income Support, all the premiums got added automatically. When I moved over to ESA support group, the EDP got added straight away, but it appears that with most people, the SDP only gets added when an IS10 form is completed, or a change in the level of care component awarded is reported. It doesn't seem to be being added automatically. I only found out about the SDP by accident. I was not informed this was available to me when I was awarded mid rate care.

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No problems. The form is a real easy and quick one to do. You literally only have to fill in your details and tick a couple of boxes and it's done. The SDP was added to my regular ESA payments, along with the EDP just a few days after they received my completed IS10 back.


I wasn't aware I could get both premiums, I thought I was only allowed one, so was a pleasant surprise to find out you are entitled to both (if you meet the living alone criteria)

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I discovered that I filled in an IS10 way back when I first got DLA. I also found the letter where the DWP sent the form automatically. Clearly with ESA they don't tell you that you need to fill in another one, presumably in the hope that you don't claim it, just like I didn't :mad2:


I've hunted high sand low for the form online, for all the govts claims that everything is to be done online, they seem to want to hide this one. I can't even find out where to get one. Do you think the JobCentre will have one if I call in next week?

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I seem to remember people on here saying they had to phone up for one.


Can't understand why when you move from IS to ESA, it's not paid automatically. The only thing that has changed is the benefit you're on.

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Yes, you can only get the form by phoning through to ESA. It is a form that isn't kept at job centre offices, and can't be downloaded. I did have a couple of the helpline staff tell me to pop down to my local jobcentre plus to get one, but they do not hold them there, so don't fall for that one.


Just call through to ESA and they will put in a request for the form to be sent out to you. Hopefully you will receive it quickly. I agree with nystagmite. Why they don't just carry the premiums over I've no idea. I wonder how many people out there aren't claiming the SDP premium as they aren't even aware it exists. Thank heavens for sites like this or I'd never have known.

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I can confirm that the form IS10 is only held at the benefit centres so can't be downloaded or collected from JCP.

You will need to request one the initial telephony contact centre and hope the message is passed to the correct processing office and team. Far to frequently we see handoff emails that aren't intended for our office or even the correct teams they are selected from a pull down menu of which office and if it isn't double checked it frequently goes to the incorrect office without the telephony team realising.

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Please could somebody confirm that this is still the address for Belfast BDC?


Belfast BDC

PO Box 460




I'll write a letter as well as phoning, because my experience of the telephone is that it is a device mainly used to fob people off :roll: Hopefully a two pronged request will get some results.

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