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    • Sorry to hear about the "playground insults".    The fact you didn't write "without prejudice" means the letter could be produced in court, not that the PPCs ever seem to do so.  Well, so what?  Minister Baywatch HAVE made up fictitious charges.  Courts HAVE told the PPCs off for this numerous times.  DDJ Harvey DID go ballistic about this.  I don't' see what's wrong in refuting a claim and referring to a persuasive court case to back up your position. 
    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of 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 Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-.     a. Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. Show how the Claimant has reached the amount claimed. d. Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • MPs are pushing authorities to respond to allegations of potential fraud at certain banks, whereby it’s claimed home repossession documents weren’t actually signed by the authorised signatory View the full article
    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of 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 Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I have woken up today feeling awful, no energy at all, sore throat, achy and just feeling terrible, can hardly walk around the house.

 

The thing is i'm due to go to a Work Programme appointment on Tuesday and a job fair Thursday and i'm worried because if i'm not better for those things then I won't be able to attend and I'm worried because I know the Work Programme has a habit of sanctioning people, I have only ever been sanctioned once (unfairly) and I won that appeal so technically never had a sanction.

 

Need some advice on this, thank you.

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You need to call them and explain the situation. Also inform the ob centre. There's a form you have to fill in from the ob centre to say you're ill.

 

I will email my adviser today and again tomorrow if I'm not feeling any better, would rather do that than ring as I'd have solid proof that I have informed them I am unwell that way and my adviser always replies to any emails.

 

But would I really need to inform the Jobcentre? I'm not due to sign on this week coming, so should hopefully be ok to sign on next week.

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Yes, you need to tell the Jobcentre and complete form JSA28 (a pretty simple form). If you don't do this you risk being referred for possible sanctions for failing to comply with WP conditions. You can declare two periods of sickness per claim year, each up to 14 days.

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

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Yes, you need to tell the Jobcentre and complete form JSA28 (a pretty simple form).

A simple form that one would have though the DWP would post in a prominent position on their web site...

A copy can be downloaded from: https://www.whatdotheyknow.com/request/jsa28_and_being_sick_whilst_on_j

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No... you can't eat my brain just yet. I need it a little while longer.
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Do you hand it in to the Jobcentre? or does it have to be sent off? I'd send it recorded delivery if it had to be sent as I've had situations where they have claimed not to have received things in the past.

 

Your best bet is to hand it in, or ask a friend to do so for you if you're too unwell as this is the quickest way to get it processed. You can also send it if you prefer. It would be best to call the JCP first and let them know about the situation so they can make a note about it in your records.

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

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If i send it would i send it to my local jobcentre or somewhere else?

 

I'd recommend printing off three copies and filling them all in. Post the first copy to the job centre you usually sign on at. The second copy, take with you to your next scheduled signing on appointment, and if they can not acknowledge receipt of the first one, hand over copy No.2. The third and final copy, you retain for your own records noting the date(s) copies were sent/given to the JCP/DWP.

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No... you can't eat my brain just yet. I need it a little while longer.
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First off, contact your WP provider and tell them you are too ill to attend and could they please rearrange. Then contact your Jobcentre and ask for form JSA28, explaining the situation. You must not forget to do this. It's a fairly simple form and you don't need a doctor's note or anything.

 

They can send you this form or you can ask a friend or whoever to collect one for you. Return it to them ASAP to avoid any delays to your payments. You are allowed to declare two periods of sickness, each of no more than 14 days, during a 12 month period. This declaration means that for that period, your are exempt from ASE ("Actively Seeking Employment") and that includes WP appointments and also signing on at the Jobcentre.

 

If you then receive notification that you have been referred for a possible sanction, your answer is simply that the period in question was covered by a JSA28 form and no sanction should be applied. The WP provider can't apply a sanction themselves - only the DWP can do this.

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

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Then contact your Jobcentre and ask for form JSA28, explaining the situation. You must not forget to do this. It's a fairly simple form and you don't need a doctor's note or anything.

 

Alternatively, you can download and print out the form - To save you from hunting down one on the DWP site, please see attached.

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No... you can't eat my brain just yet. I need it a little while longer.
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I sometimes phoned in ill and was never sanctioned or had to use the jobcentre forms

A jobs worth tried to claim to my partner I needed a sick note from my doctor but that never happened

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I've been on the Work Programme for about a year and a half, although I did did 4 months worth of temp work which ended in February this year.

 

The thing is my previous advisers were ok and never made me attend too many Mandatory Activities.

 

The adviser I have had over the last 4-5 months though has been terrible, she has made me attend these useless Job Clubs one a week every week, all I do is sit there on a computer and look for jobs which is exactly the same thing that I do at home.

 

However, recently I voluntarily applied to do this online course for 16 weeks which is 10-15 hours per week.

 

I saw my adviser last week and informed her about this but despite this she has now ordered me to attend two of these 2 hour Job Clubs every week now either there's some kind of discrimination going on or she is just taking the mick.

 

So now i'm expected to spend a lot more time looking for work according to the Jobcentre adviser I saw on Tuesday, also do this online course which I volunteered for and attend two of these Job Clubs per week.

 

I have written to the manager (yesterday) via recorded delivery and put in a complaint and said I want my Job Club appointments for the next month to be cancelled and maybe to change my adviser, they will probably fob me off but I'm really annoyed and frustrated with them, I have also told them that if they don't reduce my Job Clubs then I will withdraw from the online course that I have voluntarily put myself on as I won't be able to commit to the number of hours required to do it.

 

Is there anything I can do at all regarding attending these every week? as they really aren't beneficial to me whatsoever, the advisers just sit there and as I said above I don't do anything different to what I do when job searching at home.

 

Thanks.

Edited by thecookiemonster
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Also, was told this week that my CV will be spammed to employers, ones who probably want cheap labour no doubt! And I always get emails from my adviser saying she's put me forward for such and such a job (without my permission) and to apply for this job and that job.

 

Can I do anything about this also? Thanks.

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Had you signed their data protection/consent form ?

If so, there is little you can do about them distributing your CV to all and sundry - To prevent future occurrences, you should put in writing that "consent to store, process, and distribute personal information is hereby revoked". This will need to be restated at every meeting to ensure the message gets through.

 

If you haven't signed the forms, a formal complaint to the manager of the WP provider, third party contracts manager at the JCP, and your MP is in order. Subject to the response from the WP manager, you then have the option to complain to the ICO and the Independent Complaints Examiner (the latter will cost the WP provider £5000 if the ICE finds in your favour).

 

As for job club attendance, if you have been mandated in writing to attend, then there isn't much you can do. The best course of action is to challenge it before the letter is issued by demanding that the "adviser" demonstrates that it is appropriate to your circumstances and provide evidence that this "activity" has a high success rate - Having been on the receiving end of job clubs in the past as a prospective employer, they were a waste of my time and resources.

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No... you can't eat my brain just yet. I need it a little while longer.
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Thanks for your reply, yes I guess I would have signed those forms presumably when I joined them.

 

So can I not withdraw consent? and force them to remove all of my data and make them delete my details and CV from their systems?

 

Regarding the Job Clubs, it is stated in my Action Plan to attend these although I don't actually have formal letters stating that I have to attend these.

 

Thanks.

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Yes you can withdraw consent at any time - Getting them to remove personal data is the hard part. WP providers are "data processors" for the DWP and also have contractual obligations to retain data for (usually) seven years. Your best bet is to beat your adviser around the head with a copy of the Data Protection Act and try to get him/her to delete the information there an then.

 

If you don't have any formal letters mandating you to attend a job club, check the wording on the "action plan" for a large block of text going on about sanctions if you do not complete said tasks. Chances are, the "action plan" is just an advisory note that can not be enforced - Challenge your adviser as to the mandatory nature of the "action plan" and point out that it hasn't worked to date.

 

If you choose to ignore the "action plan" and skip the job club in favour of the course, that is your decision - There is a good chance that any sanction would be overturned on a reconsideration or appeal, but also a risk that you end up losing money. Get written acknowledgement that the "action plan" is not mandatory or get the job club bit removed (you may need to be assertive to the point of being aggressive to get results).

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No... you can't eat my brain just yet. I need it a little while longer.
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Yes you can withdraw consent at any time - Getting them to remove personal data is the hard part. WP providers are "data processors" for the DWP and also have contractual obligations to retain data for (usually) seven years. Your best bet is to beat your adviser around the head with a copy of the Data Protection Act and try to get him/her to delete the information there an then.

 

If you don't have any formal letters mandating you to attend a job club, check the wording on the "action plan" for a large block of text going on about sanctions if you do not complete said tasks. Chances are, the "action plan" is just an advisory note that can not be enforced - Challenge your adviser as to the mandatory nature of the "action plan" and point out that it hasn't worked to date.

 

If you choose to ignore the "action plan" and skip the job club in favour of the course, that is your decision - There is a good chance that any sanction would be overturned on a reconsideration or appeal, but also a risk that you end up losing money. Get written acknowledgement that the "action plan" is not mandatory or get the job club bit removed (you may need to be assertive to the point of being aggressive to get results).

 

Hi, thanks again for your reply, regarding the withdrawal of consent....if I withdraw this then surely they would have to comply? If I quote them under the data protection act then surely they would have no choice?

 

With this lot I would rather put everything in writing sent via recorded delivery as talking in person might not have the desired effect and i'd like to have something to back me up.

 

Should things not be resolved then who would I need to speak to?

 

I will speak to them regarding the job clubs.

 

Thanks again.

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I was once told off for emailing my WP provider 2 hours before the appointment, saying I was ill. I am sorry; but I can't pick and choose when I'm ill.

Why did they tell you off? There's no good reason for that

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