Jump to content


  • Tweets

  • Posts

    • Oh yeah... So there is. ..    Hopefully it won't try to upgrade 😂😂
    • There's the ability to download origin for macOS Mojave and older right on the EA Website. www.ea.com/origin-for-mac      
    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

interview under caution possible housing benefit overpayment


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3586 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello and welcome to CAG.

 

Not evreyone here knows about housing benefit, but people should be along later with advice for you.

 

An overpayment of £160 doesn't sound much, I'm a bit surprised they want an IUC as you're repaying it. There may be a simple explanation, and some of the guys here understand the system. Please bear with us until they're able to get here.

 

In the meantime, I would say that all you can do is to tell the truth and take along any documents that back your case.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

You can take a solicitor to an IUC, and you can ask for it to be postponed while you find one.

 

But yeah, an IUC for £160? That's unusual. Are there any other sums owing? Can you give us a little more information on how this situation arose?

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

 

 

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

Link to post
Share on other sites

My council tax gets taken or it did then directly out of my wages as I had fallen behind and it had gone to court.I had what was only I believed 55 pound left owing and i was due a pay rise in april.My work still thought I owed around two hundred odd but the amount had changed due to me moving before the whole year was up.when i got my payslip they had taken 112 off so my wages were actually down 2 pound after the pay rise.I rang the council and they couldnt work out why so they said ring my payroll.when I did she told me that due to the payrise they had taken the extra amount as they had not been told by the council it was less owing due to the move.therefore she said it would still be paid off for a few months as i still owed 200 odd.Because i did not then take home more i did not tell them as I didnt have an increase.Iam not aware of any other overpayment I did not advise them that my tax credits had gone up as they always notify the council.unless there is an amount that I dont know about i cant see how

Link to post
Share on other sites

Not sure where you got the idea that hmrc notifies the council of tax credit changes - they don't, it is up to you to notify the council, so this could be an issue.

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

Link to post
Share on other sites

Hi

 

If you don't mind me saying I received my council tax bill as I receive help and it listed the weekly amounts I receive. It also stated that from February 2015 my entitlement would drop. I rang and questioned why and they told me HMRC informed them that's when my overpayment of CTC would be fully repaid.

 

So HMRC have informed my council of the changes.

Link to post
Share on other sites

sometimes they do, sometimes they don't - but it is the claimants responsibility to inform the different agencies of any changes as per their claim

 

Yes, there has always been a very unpredictable system of different benefit agencies telling eachother info about claimants, but it is not for the purpose of maintaining the claim, but more to prevent fraud. It is unreliable and does not substitute a claimant's responsibility to notify benefit changes themselves.

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

Link to post
Share on other sites

Yes, there has always been a very unpredictable system of different benefit agencies telling eachother info about claimants, but it is not for the purpose of maintaining the claim, but more to prevent fraud. It is unreliable and does not substitute a claimant's responsibility to notify benefit changes themselves.

 

That's the key point, really. Never assume one agency (DWP, HMRC, Council) has told another agency about changes to your benefits. Always do it yourself.

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

 

 

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

Link to post
Share on other sites

To echo what others said.. It's your duty to report changes.

I am surprised that you are being iuc'd for £160 though. Are you sure that's the reason?

Please do not ask me for advice via PM as I will not reply.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...