Jump to content


  • Tweets

  • Posts

    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: 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.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
  • Recommended Topics

  • Our picks

  • Recommended Topics

Not been paid my regular LHA, can they just stop?


lisadp1970
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2610 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

Hi

 

I'm in panic mode at the moment as my fortnightly housing benefit payment should of gone in the bank today (goes in for monday but can always see it saturday)

 

I went down to my local council office about 4 weeks ago to take a load of recent payslips as they had totally miscalculated our payment and was over paying us by around £70 a week, so I wanted to get this re-calculated a.s.a.p so to prevent any problems.

 

As of last week I hadn't heard anything back from them and have still been getting overpaid, so I called them to chase up what was going on but was just told "Oh this can take a few weeks"

 

As of today I've still not heard anything but now it appears for some reason they've stopped my benefit, which on our low income and the fact we have 2 children whom get DLA, we are entitled to.

 

I'm absolutely panicking because there's no one available at the council to speak to today, the rent is due and I have zero money.

 

Surely even if there have been overpayments made, which aren't my fault as I've provided all details of our income whenever they've asked, they can't just stop payments without warning?

What I'm really kicking myself about is I can't find the receipt the woman gave me the last time I took the payslips down to show I'd been, I suppose if it comes down to it I can insist they view CCTV footage to show I was down there!!

 

Is there anyone available on weekends I can speak to about this?

Link to post
Share on other sites

I've been over paid for the last 3 fortnightly payments, which like I said is completely down to there incompetence not being able to work out our entitlement.

They had asked back at the end of July for my husbands previous 4 months payslips, which I provided to them. What I think confused them was the fact his pay for May and June was a lot lower than usual due to him being off work with an injured foot and his June pay was around £350 less than he usually gets. It was all pointed out to them at the time that this amount wasn't his regular income, which they could see from the details on the payslip referring to sick leave, and that now he was back at work his July pay would be back to normal, i.e what he earned in March and April.

This was obviously too much information for them to be able to process so they worked our benefit out according to what his June payslip was, hence the overpayment. This decision didn't come through until the end of August as it takes them so long to do anything, but as soon as it did I went down to the council offices armed with all the payslips again and went through it all with them, writing down that they had worked out the new claim to be wrong and we are now being overpaid,

I also said I was concerned about the consequences of this and was assured by the woman dealing with me that there was nothing to worry about as it was me raising the issue and not them.

 

This has just been one big cock up by them, we've been overpaid, then underpaid, overpaid and now not paid at all! As for the extra money. well that got eaten up by an unexpected direct debit they took from me for an apparent overpayment for council tax benefit from last year, which by the way has also been cocked up in all of this.

 

Why can't people just do the damn job they're paid to do and get it right, it's so frustrating!

Link to post
Share on other sites

PHEW!! Just found the receipt for the docs I provided, dated 28th August and stating what payslips I took down there and that I requested a reconsideration and stated the reasons why.

Will be down there first thing Monday and refusing to budge until this is sorted!

Link to post
Share on other sites

I hope you do get this resolved - please do update your thread after your visit to the LA on Monday.

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

 

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

Link to post
Share on other sites

make sure you get everything in writing from them,dont let them just verbally tell you what you want to hear ,they do that so you go away quietly!,make sure you leave there with the problem resolved.

 

I have taken to recording all interactions with Council/DWP/JCP/HMRC whether they like it or not. Should, at some point in the future, there is a disagreement about was or wasn't said, I have a record of it - Has come in handy in the past to counter a false allegation.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

well the posties just been and there's no letter from them explaining why they've decided to stop payments.

 

I intend to be in for the long haul on Monday, I'll be straight down there after I've took the kids to school and won;t leave until I get a satisfactory outcome as this has left my family in Dire Straits this weekend.

 

Will let you know what happens Monday.

Thanks all

Link to post
Share on other sites

They probably have suspended your claim to prevent further overpayment. As it's their mistake they should be getting it put right ASAP.

It could be worth contacting your landlord & explaining that your rent might be a bit late. Many are fairly understanding of you are up front with them.

Good luck

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...