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    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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First Time JSA Claimant


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Hi all. Just been made redundant, & I have a few questions regarding claiming benefits.

Firstly. I have a partner, but we are not & never have been "financially linked". Is it compulsory for us to claim jointly? He was made redundant at the same time as me.

I am considering whether ESA may be what I ought to be claiming. I was holding on to my last job by a thread, due to repeated sickness absence & decline in work standard, due to medication I'm taking. I would almost certainly have been finished if redundancy hadn't come around anyway. I'm fairly sure my doctor would sign me as sick if I asked. As it is, my choice of jobs is likely to be limited & the chance of me getting through a probationary period are pretty slim. Would I be better advised to get a sick note & try to claim ESA?

Even as it is, I'm not looking to start work immediately. I got a reasonable redundancy payment & after 40 years working, I am going to take a couple of months off anyway, to reassess & charge the batteries. I would not be entitled to contributory benefits at the moment, due to a smallish amount of savings, & a small pension from a previous job, although it will get used up pretty quickly, so should I claim anything at all or wait until I need the money desperately?

Thanks in advance

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If you are not looking to start work immediately then we can't advise you to claim JSA. That's partly because of JSA rules (which state that you must be fit for, available for, and actively seeking employment), and partly because doing so is a whole lot of hassle that you really don't want if it can be avoided.

 

But in addition to the link provided by Lapsed Workaholic above, which you should read, there are a few issues to consider.

 

1) Are you actually fit for work?

 

It sounds like you may not be, in which case ESA would be the appropriate benefit to claim. At the start of an ESA claim, a doctor's note is sufficient, but note that you would be referred for a Work Capability Assessment at some point, probably within the first few months of the claim. In that case, you would need to show that you can score 15 points from the list of LCW Descriptors (see page 18 of this PDF file). This isn't particularly easy, as many here with experience of the process will tell you.

 

2) Your partner

 

Do you live together? If you do, your partner will be expected to support you or, of course, you will need to make a joint claim. Even if you have no joint accounts or other joint financial commitments, this will be the case. In effect, the question will be "Are you living together as husband and wife?" - or as civil partners if you are the same sex.

 

3) Contributory benefits

 

You say you wouldn't be entitled because of your savings, but I think that may be based on a misunderstanding, as contributory benefits don't take savings into account, nor would they consider they income or savings of your partner when working out your entitlement. Note, though, that contributory JSA is limited to 26 weeks from your initial date of claim, and contributory ESA to one year unless you meet the conditions to be placed in the Support Group.

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Thanks guys, just a bit naïve after not having to claim for so many years. It was so long ago, people in job centres thought they were there to help you find work & sort out problems, not look for an excuse to take your benefit away, which seems to be the case now, judging by what I read & hear!

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Thanks guys, just a bit naïve after not having to claim for so many years. It was so long ago, people in job centres thought they were there to help you find work & sort out problems, not look for an excuse to take your benefit away, which seems to be the case now, judging by what I read & hear!

That depends on whom you see as a minority are still decent

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