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    • 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 intimidated . 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:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Gaz10000

JSA Sanctioned

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I have had my JSA sanctioned for 1 month after missing just a single appointment in 18 months.

 

This may make me sound stupid but i simply got my dates mixed up. I thought my appointment was on a Friday and on the Thursday i checked my appointment letter to make sure of the time of my appointment and realised i should have actually gone to my appointment on the Wednesday. I rang up immediately, but was told it was out of their hands and that a decision would be made as to whether my JSA would be sanctioned.

 

A few days later i got a letter saying that indeed my JSA had been sanctioned for a month. I went in to the Job Centre that day and was told to fill out both an appeal form and a form for hardship payments, which i did.

 

On Saturday i received another letter stating that my appeal was turned down, but that i would receive hardship payments of £43 a week until my JSA began again in 4 weeks time.

 

I had recently learned from a friend of a friend also on JSA who completely refused to go on one of the Governments work programmes and had his JSA sanctioned for 3 months. I made a genuine error and missed 1 appointment in 18 months and believe this decision is monumentally harsh and basically wrong.

 

If i had been missing appointments and/or turning up late now and again i would totally agree with the decision made, surely under the actual circumstances some kind of warning should have been given first?

 

I now have nowhere near enough money to pay bills, many of which are set up as direct debits from my Bank, what am i supposed to do? All i can think of is applying for a "Pay Day Loan" i already struggle to pay my bills from month to month and often have to "Rob Peter To Pay Paul" to get by, how can their decision in this instance even be legal?

 

I am about to contact the Citizens Advice Bureau and intend to re-appeal the decision, but if i'm not successful i have no idea how i can possibly get by(without going into a mass of debt via a Pay Day Loan and that's if i'm even eligible?)

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Have another look at the original appointment letter - After the words: “If you do not undertake the activities required in this notification your benefit could be affected”, there should several paragraphs of text outlining the consequences for not "undertaking the activities". If this text is missing and/or the letter does not state that the appointment is mandatory, you have good grounds for an appeal.

 

For your reference: https://www.whatdotheyknow.com/request/152662/response/376951/attach/5/WP%20JR%20Assurance%20letter%20v%20final%203.pdf Annex A.

 

Before you go getting yourself further in to debt, please read: http://www.consumeractiongroup.co.uk/forum/showthread.php?125278-Your-bank-is-taking-your-benefits-in-charges

 

By all means discuss your situation with the local CAB - They may be able to give you some advice about credit unions (a lot cheaper source of money than a pay day loan) as well as other sources of help.

[url=http://www.consumeractiongroup.co.uk/forum/showthread.php?125278-Your-bank-is-taking-your-benefits-in-charges][/url]


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Thanks Mr.P

 

Funny you should mention the paragraphs of text, as the following text at the bottom of my letter that states................

 

When you take part in the Work Programme, you are taking part in a

scheme established by law under the Jobseeker’s Allowance

(Schemes for Assisting Persons to Obtain Employment) Regulations

2013.

If without a good reason you fail to attend or participate in the Work

Programme your Jobseeker’s Allowance and National Insurance

credits will be stopped (or will be paid at a reduced rate, depending on

your circumstances) for:

 

......................is practically unreadable, due to it being photocopied on top of the European Union flag, The Jobcentre Plus sign and another sign with the word INGEUS that is printed.

 

I rang the Jobcentre this morning, but cannot speak with anyone there about the situation. All i can do is fill out another appeal form.

 

I will be ringing the CAB in a few minutes when their office has opened.

 

Thanks for the reply

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......................is practically unreadable, due to it being photocopied on top of the European Union flag, The Jobcentre Plus sign and another sign with the word INGEUS that is printed.

 

Ah, forgot about the logos - If the JCP & ESF logos are missing, that would have been another reason to claim that the letter is not compliant with current DWP provider guidance.

 

Unfortunately, it looks like this letter fully complies, so I fear you have little grounds for a successful appeal :-(


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No... you can't eat my brain just yet. I need it a little while longer.

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Ah, forgot about the logos - If the JCP & ESF logos are missing, that would have been another reason to claim that the letter is not compliant with current DWP provider guidance.

 

Unfortunately, it looks like this letter fully complies, so I fear you have little grounds for a successful appeal :-(

 

Yes, but the words are practically unreadable, if you knew they were there fair enough, but it is only since this has happened that i even knew that my JSA could be sanctioned.

 

I'll try to upload a picture of the actual letter.

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And so the governments sanction factory rolls on. Claimants will be so engrossed in the minutiae of conditionality to avoid the inevitable sanction it will itself become a full time job.

 

The main goal of actually finding a job has been lost among the bureaucracy.


 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Pic of text(if it works?)

Astonishing that Welfare To Work Clerks should be rebranded as an Ego Boosting Term of "Work Consultant"

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And so the governments sanction factory rolls on. Claimants will be so engrossed in the minutiae of conditionality to avoid the inevitable sanction it will itself become a full time job.

 

The main goal of actually finding a job has been lost among the bureaucracy.

 

Agreed, but the sensible approach to reducing the JSA budget - creating economic conditions where there are jobs for everyone who needs one - is difficult. And the funny thing? You could completely abolish JSA tomorrow leaving the unemployed to rot, and you'd barely notice a dent in the DWP budget.


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

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Anyhow, I think I have to agree with Mr P here, a successful appeal seems unlikely. Still, doesn't cost anything to try.

 

What seems to have happened is that the DWP has done an internal reconsideration (not a full appeal) of the sanction decision and found against you. Do you know if you applied for a formal appeal to the independent tribunal?


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

 

 

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Did you ever get the chance to state your side of things before the sanction was issued? The way I understand it, the JC raise a doubt and a letter arrives saying 'There is a doubt about XXX' and you write your side of it on the form. This goes back to the DWP and is looked at THEN the decision is made, then you appeal if you don't agree with it.

 

I had the same thing happen to me ages ago but the DWP shot themselves in the foot by not sending me notice of the sanction in writing, as per the rules, so I ended up getting the money repaid.

 

There's been a lot of cases of DWP sanctioning people based purely on the say-so of the JC and without hearing from the claimant first. It's totally wrong.

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Anyhow, I think I have to agree with Mr P here, a successful appeal seems unlikely. Still, doesn't cost anything to try.

 

What seems to have happened is that the DWP has done an internal reconsideration (not a full appeal) of the sanction decision and found against you. Do you know if you applied for a formal appeal to the independent tribunal?

 

No idea tbh, i just filled in the form.

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Did you ever get the chance to state your side of things before the sanction was issued? The way I understand it, the JC raise a doubt and a letter arrives saying 'There is a doubt about XXX' and you write your side of it on the form. This goes back to the DWP and is looked at THEN the decision is made, then you appeal if you don't agree with it.

 

I had the same thing happen to me ages ago but the DWP shot themselves in the foot by not sending me notice of the sanction in writing, as per the rules, so I ended up getting the money repaid.

 

There's been a lot of cases of DWP sanctioning people based purely on the say-so of the JC and without hearing from the claimant first. It's totally wrong.

 

Yes i did actually, i just told them that i had mixed up my dates(which was the truth) looks like i should have lied through my teeth and made up a ridiculous story.

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