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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and 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.   1. 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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ben oseman

partner moving in

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hey guys,

 

back in march me and my partner broke up. she started a single claim with an income for 2014-2015 is £6000 she was awarded 70wtc and 115ctc. we have 2 children. however i want to move back in, my income is £16000. now if we live together we are entitled to no working tax but 90 ctc. how does this work? as soon as we start the claim will we recieve the 90pw or will it be less because of how much she has already recieved this year? also does anyone know how long we will go without money when we make new claim

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Your partner will need to end her single claim and you both then reclaim as a couple. For the new award to be decided can take from 2 weeks to 12 weeks. The award won't be based on what your partner has already received, but will be based on what you both earned in the last tax year.

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

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Would it be reduced though due to her already being paid quite high so far?

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No, her previous single person claim has no bearing at all on your couple claim.


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

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So on entilted to it says 150 a week entitlement. It shud be at that rate ish and not reduced because shes been iverpaid? Do you know this as a fact. Btw im not being rude its just that my life feels like a mess and we need to get right this. Thank you

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A single tax credit claim and a couple tax credit are two separate claims. Overpayments or payments on one cannot effect or be recovered from the other. Your rate of tax credits on the couple claim will be calculated by your and your partner's gross income in the previous tax year (unless your income this tax year are estimated to be significantly less than last tax year, in which case one the claim is processed, you can request it be calculated on this year's estimate).

 

 

I can't speak to the accuracy of the 'entitledto' calculations though.

 

 

ETA: regarding knowing as a fact, I've worked as a benefit adviser for 10 years, plus several years before in the DWP. If you need to be sure about the calculations please take advice in person from a benefit adviser, for instance CAB, welfare rights etc


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

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A single tax credit claim and a couple tax credit are two separate claims. Overpayments or payments on one cannot effect or be recovered from the other. Your rate of tax credits on the couple claim will be calculated by your and your partner's gross income in the previous tax year (unless your income this tax year are estimated to be significantly less than last tax year, in which case one the claim is processed, you can request it be calculated on this year's estimate).

 

 

I can't speak to the accuracy of the 'entitledto' calculations though.

 

 

ETA: regarding knowing as a fact, I've worked as a benefit adviser for 10 years, plus several years before in the DWP. If you need to be sure about the calculations please take advice in person from a benefit adviser, for instance CAB, welfare rights etc

 

 

 

So what happens to the money she aleady been paid this year will it or any of it need to be paid back?

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Why should it need to be paid back? If it's what she was entitled to for the period she was single, then she hasn't been overpaid for that period. As has already been said, this is a new joint claim going forward so what she's had is irrelevant.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So what happens to the money she aleady been paid this year will it or any of it need to be paid back?

 

 

Your new couple claim won't start from april 6th 2014, it will start on the day you make the claim, for instance 20th May 2014. Any tax credits your partner has received will apply from April 6th to 19th May, then your couple claim will apply from 20th May onwards. There is no overlapping to the claims.


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

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Your new couple claim won't start from april 6th 2014, it will start on the day you make the claim, for instance 20th May 2014. Any tax credits your partner has received will apply from April 6th to 19th May, then your couple claim will apply from 20th May onwards. There is no overlapping to the claims.

 

 

well estellyn thank you very much for miss informing me.

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well estellyn thank you very much for miss informing me.

 

Would you care to elaborate on that?


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well estellyn thank you very much for miss informing me.

 

 

Yes please do elaborate....


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

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The threshold for WTC as a couple is approx £18,000 so if you and your partners combined income is £22,000 then there would be no WTC paid. Please note this threshold may differ depending on working hours/disabilities etc

 

There are entitlement tables here to give an idea of what you could get but if you want a more accurate calculation then ask the tax credit helpline. https://www.gov.uk/government/collections/tax-credits-entitlement-tables

 

When you change from a single claim to a joint claim, providing the change is updated within 1 month, the single claim would end and the joint claim would start the following day. Each claim would be calculated using these dates. Depending on when the change is reported there could be an overpayment but not in all cases.

 

There is also info here on repaying overpayments

http://www.hmrc.gov.uk/leaflets/cop26.pdf

 

You should note from this that if there is an overpayment in the single claim, this can be recovered from your joint claim.

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That's interesting about the change in single claim overpayments being able to taken now from couple claims. But as this wasn't a concern of the OP, not sure what he feels I got wrong. Always keen to be corrected if I do get something wrong.


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

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That's interesting about the change in single claim overpayments being able to taken now from couple claims. But as this wasn't a concern of the OP, not sure what he feels I got wrong. Always keen to be corrected if I do get something wrong.

 

I'm sure it was only this year (last year at a push) that it changed. It was a good idea, there was quite a lot of people that wanted it that way rather than making direct payments but weren't allowed to.

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I'm sure it was only this year (last year at a push) that it changed. It was a good idea, there was quite a lot of people that wanted it that way rather than making direct payments but weren't allowed to.

 

 

Thanks for highlighting it :)


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

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So what I would like to clarify is that in entitled to we are quoted 150 which is about accurate. If we notify the tax credits the day I moved in would these payments be reduced due to the high amount she already has recieved? Or will they work it out proportionately.

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If she had an overpayment, this could be recovered from your new claim. If she doesn't have an overpayment then the payments from the single claim wouldn't affect those in the joint claim.

 

Without knowing the full circs I can't say for definite the £150 is the correct amount. Eg you quoted a household income of £22,000. Is that for this year or last year? If this year, was last years figures any different?

Are there childcare costs?

Anyone disabled?

How many hours do you both work?

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Lets say for argument sake 150 is accurate. Will it be reduced because im moving in?. Ourincome totalls 20k last yr and same this yr. How would over payment occur?

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If your partner had forgotten to inform them of a change in circumstances or there was an admin error. If it's down to their error she could challenge having to repay any resulting overpayment.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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She has informed hosing benefit I will mive in on 9th and she will ring tax cf credits that morning

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Sorry I thought you said hers was £6000 and yours £16000? So that would be £22,000?

 

As stated already, overpayment would occur if she hadn't updated changes at the time. For example, if you move in and she didn't tell them for a month, any money received from when you move in until she tells them will be an overpayment.

 

Her awards notices would show if she currently has any outstanding overpayments.

 

If she reports the changes on time and has no outstanding overpayments then anything she was already paid wouldn't affect your new claim.

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