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    • Is all of this actually on the signage? Don't remember seeing that much detail on other threads.
    • If I have learnt one thing from this forum, it's not to call and communicate via email. I passed this info on to her and they are pushing for her to call them.    "Unfortunately, you will need to call us. The conversation won’t be so black and white as to therefore type over email. In a nutshell we can confirm that the request to not pay for 3 months we cannot put in place"  I emailed them back on her behalf and said that what ever is discussed over the phone will need to be put in an email so that she can review it properly. No decisions will be made on that phone call.    "Once we speak to you on the phone we will follow up with an email to confirm the options discussed. [Phone number]"   Why are they pushing for a phone call? If its not so black and white, why can they then follow up with an email?  
    • Appreciate input Andy, updated: IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L CLAIMANT AND [***] DEFENDANT ************ _________________________ ________ WITNESS STATEMENT OF [***] _________________________ ________ I, [***], being the Defendant in this case will state as follows;     I make this Witness Statement in support of my defence in this claim.   1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income as confirmed in the claimant’s witness statement exhibit by way of the Deed of Assignment. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. The Defendant has not entered any contract with the Claimant. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 4. Point 3 is noted. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 5. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked ***. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 6. Point 11 is noted and disputed. See 3. 7. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** 8. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 9. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 21/12/2022. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. Conclusion 10. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 11. The Claimant has been unjustly enriched at the expense of the Defendant by purchasing bulk debt at a greatly reduced cost and subrogating for the original creditor in trying to recuperate the full amount of the original debt 12. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment.   Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in it’s truth. Signed: _________________________ _______ Dated: _____________________
    • Morning,  I am hoping someone can help, I am posting on behalf of my friend so I will try and provide as much info as possible.  Due health reasons, she is currently not working and unable to pay her contractual car finance payments. She emailed 247 Money and asked for a 3 month payment holiday, they refused this straight away with no reasons as to why. They have told her that instead she can make a payment of £200. She is currently getting £400+ a month ssp so this is not acceptable. She went back to them and explained she cannot make this payment and they have not offered an alternative plan. Its £200 or she falls into default.  She is now panicking as she does not want her car to be taken away. What options does she have?  Thank you, 
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Wanting to do the right thing


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Hi. Firstly thanks to the Cag team & people involved, you guys/gals do a great job.

 

I am a single father with MS (multiple sclelrosis) on DLA and living at home.

 

My ex, her mum is also on benefit (ESA) & receives child benefit for both my daughter & her stepsister. I have no idea how much the child benefit give her (any idea's on that?)

 

We have both been separated a good long time, time in which I've always tried to provide nice things for my daughter (I'll just say Bec from here out, its easier) whom I see on a fairly regular basis.

 

With her starting high school this year (she's 11) I got a visit from my mum (becs nan) saying that Becs mum had been stressed at the cost of school clothing & that I should step in and do the right thing.

 

Now here, I made a point of stating what seems to me to be wholly logical by explaining to my mum that child benefit is for these things & what, for examples sake, if in same situation I had four kids by her mum, would myself as a single Dad on benefits be expected to cover this cost four times over?

 

Anyway, we had quite an argument about this though I since went and told Becs mum that rather than haranguing my mum for these things that I would simply offer up 100 pounds a month towards my daughters upkeep (anything for a quiet life plus my daughters happiness) I had been actually putting money aside into savings for my daughter for when she reaches certain age, which I will still try to do though I am not certain if I can keep that up so well in the face of this new 'situation'.

 

So what I would like to know please is am I doing the right thing?

 

I ask this because I do not think her mum would use this money wisely and solely for my daughter, in fact I would rather take Bec out (difficult with my health probs) & sort the things personally.

 

Also, am I right in saying that her child benefit money should cover the school clothes costs?

 

Whether child benefit covers it or not, as her father I will do the right thing one way or the other, I am just seeking some much needed intel on the situation.

 

Look forward to some clarification on these things, thank you.

 

Oh, and for the record, Becs mum never put me or anyone on the birth certificate as Becs father though I do not want to start getting into a big legal thing about that, she's my daughter, I'm her Dad, we already know this.

 

I just want to do the right thing with the money.

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I should correct the mistake above i think.

 

She is receiving child benefit (I thought CSA was child benefit).

 

So replace CSA>CB in the above. Thank you.

 

[edited the posts myself so ignore this reply]

 

Also sorry for the double posting of thread, was by accident when first amending.

I've notified the cag team=)

 

Please all replys, perhaps to the other thread, thank you.

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The last time I checked (my own children are now grown up) child benefit was about £20 a week, though your ex is also undoubtedly receiving child tax credits as well. Even so, no one with any sense would think that benefits alone are sufficient for any more than basic living costs and an entire school uniform can be a huge expense, way beyond the means of the average claimant.

 

The majority of 'absent parents' would already be paying child maintenance to the 'parent with care', even for someone on benefits that (at least used to be, could have gone up) would be £5 a week - not much, but a token acceptance that they have some responsibility to support their children. I'm surprised the DWP/CSA haven't already been chasing after you, even if you don't appear on the birth certificate.

 

How you approach this is of course entirely up to you, but so far as I can see the options are that:-

1. You pay something toward Bec's upkeep on a regular basis. Your ex will be obliged to declare this to DWP as income and they may or may not allow her to keep some or all of it without it affecting her benefits. You will have no control over what the money is actually spent on, be it uniform, food, the gas bill or going down the pub.

2. You take Bec out and buy the stuff she needs when she needs it - not just uniform, but clothing in general as well as all the stuff all her friends will have and she will desperately need in the next 5 years, ranging from stupidly expensive trainers to the latest mobile. This latter, as well as being potentially very expensive, has the disadvantage that Bec's mum may stop buying her anything if she thinks you will pay for it instead, plus if Bec has siblings there could be considerable friction at home if they don't get the latest mobile or whatever.

 

You might also consider trying to sort out the legal situation with regard to parental responsibility. If you're not legally Bec's father, what would happen if (heaven forbid) something happened to her Mum? You would have no rights at all.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The DWP would not get involved. They won't chase you for maintenance and whilst your ex would have to declare any money you give her for Bec it won't affect her benefits.

 

Child benefit for two children is about £130 a month. It is to be spent on the child/children but it would not cover food, clothing, school uniform, shoes etc throughout each month. She should be getting Tax Credits as well (wouldn't like to guess at how much) but again it won't fully cover the expenses of the children. The absent parent (mum or dad) should be paying an amount each month towards the upkeep of their child. How you do it is up to you. To me your offer of £100 a month seems reasonable but you would have to accept you have no control on how it is spent which is the same for all absent parents. Again taking Bec out to buy what she needs also sounds reasonable but could get very expensive unless you agree a limit beforehand. There is also the potential problem of Bec's mum then assuming you will buy what she needs etc

 

I am a single mum with two children. Both my children are disabled so I do not work as I am classed as their Carer. I have a CSA case with my ex husband and he pays his money each month. Even with getting Child Benefit, Tax Credits and CSA with my daughter starting school this year so two lots of uniform to buy etc I had to ask him for a contribution towards the cost of their uniform and shoes. Benefits just does not cover it

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Both parents should be covering the cost. Not just one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Child benefit is a tax-free payment that is aimed at helping parents cope with the cost of bringing up children.

 

The information on the link below should help you work out what your ex is entitled to.

 

https://www.gov.uk/child-benefit/overview

 

The information is on several pages, so you have to keep hitting the "Next" button at the end of each page.

 

I am assuming that you have no financial responsibility for the step sister ?

 

If you are contributing a fair sum, then I think your Mum, IMHO, should keep her nose out of this - it will only end in grief.

 

If your ex requires extra funding for your daughter, perhaps she could let you know what is required and you can then come to a mutually acceptable arrangement. School uniforms can be expensive, especially the shoes - kids also have a wicked habit of growing fairly quickly :lol:

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you had two threads on the same issue - these have now been merged into just one :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for merging those citizen B, not quite sure how I managed to create two of the same topic, I think perhaps was when editing my initial first post.

 

Cheers for the very sound advice all.

 

reallymadwoman:-

 

Yup, the trend for electric gadgets I know well! She is into computers big time now, always on it at home and when she comes to stay, takes after her old man! Anything like that she knows I got it covered for her.

 

RE the birth certificate, yes she should have put me on it from the word go & this is something that will be put right at somepoint and if something did happen to Becs mum then I would clarify it with a dna test anyway though trying to be in the right place at the right time with her mum to sort this with the legal people is another matter entirely, but if the need was to arise say of urgency like you mentioned then it would be sorted immediately for any legalistic purposes, I'd stop at nothing till that was indeed clarified.

 

I have read through all the replys & it has helped tremendously with how I should manage this. I appreciate you all taking the time out to reply and the advice given, thank you.

 

I'll be talking to her mum hopefully later today and we'll get this in motion so Bec has what she needs covered for her school equip/clothes and pocket money.

 

Cheers for all your help!

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