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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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    • We have finally managed to obtain the transcript of this case.

      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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HMRC Child Tax Credits Payback please help if you can!.


Wayne C
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Apologies if I get mixed up but im in a bit of a panic with a letter I received yesterday and am worried about what to do, basically the HMRC have sent me a letter asking for me to repay an overpayment of child tax credits which were paid whilst I was married 8 years ago!!. My then wife claimed for my two step children, and a letter has been sent asking me to payback £1300 approximately, it says that this can be paid back over 12 months!!.

8 years ago I was in full time employment as a Staff nurse and now and for the past 5 years I have been on incapacity benefit and now ESA due to a long period of ill health and not been able to work, I have no hope of paying 1300 back in twelve months, never mind 24 months as I only get £90 a week to live on. I haven't phoned them yet as i'm scared of doing so. apparently the debt is for an overpayment they made ( which if memory serves the did to many folks at that period due to an admin error ), it was 8 years ago, we only claimed tax credits for 11 months the length of our marriage,

 

thanks

 

will they accept a payment in line with what i get each week ie, £5 or so as I have no spare cash as it is.

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i know it can be scary when you get these kind of letter but dont keep you head in the sand call them up and explain your salutation to them. this has happened to a lot of people recently and if you dont contact them they might think your just ignoring them

 

as far as paying it back they will go off your income if you expenditure what you get how much you pay out ect ect then you can come to an agreement to pay the debt back

 

if you think this is a mistake tell them this so they can have a look at it. have they not been in touch with your ex wife about this or are they just chasing you for the overpayment?

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i

have they not been in touch with your ex wife about this or are they just chasing you for the overpayment?

 

Apparently the debt is divided by half as we were married, but i don't know for sure to be honest, I haven't seen my ex wife since the day i moved out 8 years ago!!, so I dont know if she is still living in the uk or what have you, they cant lock me up in jail can they for it??, i already pay CSA payments of £10 out of £90 benefit per week as well as all the usual utility stuff, this could well drive me over the edge financially I have no money as it is like many folks i know.

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id defiantly call them up and explain your current financial situation to them them especially if your wife had made the original claim.

 

i have not yet know of anyone who has been put in jail for this its always an option but i have never seen it happen to the people i know who have been in a similar situation as long as you pay it back and your honesty with them i cant see it being a big problem but like i said there is always that option as is with everything that's paid these days.

 

call them up and tell them your willing to pay it back but your only on £90 a week and your can only afford the £5.00 a week payment back to them explain to them why you can only afford this and see what they say.

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i

call them up and tell them your willing to pay it back but your only on £90 a week and your can only afford the £5.00 a week payment back to them explain to them why you can only afford this and see what they say.

 

 

just phoned them , havent got landline at home , only pay as you go , isnt a freephone number and no email address to respond to!!!

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try this number its a local rate one

 

If you're calling from abroad please telephone:+44 2890 538 192

 

 

thanks for that but its just tax credits helpline though.

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Was it a joint claim? If so then you are joint and severally liable for the overpayment. This happened to me and my ex husband 3 years ago and I've just finished paying my half off at £10 per fortnight. If you phone them I find them very reasonable and pleasant to deal with

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You will only be expected to pay 50% of the overpayment, not the full amount. Your ex will be getting chased for the other half.

 

The best thing to do is call the number on the letter. The 12 month time frame can be ignored. The wording of the letter is due to change to remove that part. Explain your situation, and your current financial position. If you offer £5 a week it will more than likely be accepted - unless you get an over zealous advisor, who tries to negotiate you up. Don't let yourself be bullied into paying anything more than you can afford. Stick to what is comfortable for you.

 

And don't worry about the call. It'll be a breeze.

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