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    • Thanks for the reply     Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/2021   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? By anagreement between New Day Ltd RE Marbles & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 2140.14  2. Costs   What is the total value of the claim? £2325.14   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I could have   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? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? Not Sure but im going to look back on old emails. But I think it would have been around 2018.   Do you recall how you entered into the agreement...On line /In branch/By post ? If I did it would have been online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No but there is a DCA on there that could be for this.   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 by the looks of it.   Were you aware the account had been assigned – did you receive a Notice of Assignment? I could have but I’ll need to look back.   Did you receive a Default Notice from the original creditor? Not sure but its possible.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure but its possible.    What was the date of your last payment? I don’t know.   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.
    • Sorry, just to be clear; I handed the car back in November time.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naive on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was goobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. So I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation so I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?     
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • the number of people that can't pay rather than just WON'T pay, that were arrested for non payment of CTAX in the uk can be counted on the fingers of one hand. seriously, forget about that ever happening to you or it ever ever going that far. yours is very obviously not a case of wilful refusal to pay.    get you MP onboard as quickly as you can monday.   i can tell you now the council will not accept £5PCM . you need serious help if you are in such dire trouble and to be honest why has this just happened this year or is this problem greater than simply not paying since april? what happen in previous years were you able to meet CTAX ok? explaining the above in your brief but concise contact with your MP will go along way to them intervening much quicker.                
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

ESA Habitual Residence Test and Residency


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Hi there,

 

I wonder if someone might help.

 

I have a Habitual Residence Test on Monday. The form asks for passport and Id for my husband and my husbands residency documents.

 

I have actually lost my passport so that is awkward for one and then residency documents, my husband and I are disabled. I am from the UK and lived in holland for one year. We have been here together 16 months not claiming anything. The CAB say my husband doesn't need residency documents but I think he might and might also not be eligible for them.

 

I feel a refusal coming on and want to know what I can do.

 

Thanks

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If you are a UK citizen and have returned here to live with your partner for the past 16 months without needing to claim anything, then I don't see what the govt. issue would be. Have you and your partner suddenly become "disabled" or have you run out of money?

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I have actually been disabled a long time, but certain things are getting worse. Like I have cateracts, and they get worse over time.

 

I think it's really the ID thing at the moment, I don't have a passport and my husband doesn't have a right to reside letter

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My understanding is that a birth certificate and a council tax/utility bill showing your name and address dated within the last 3 months should be as acceptable in place of a passport. Perhaps look on the Border Agency website to apply for an emergency passport (they charge for this), then print out the receipt and take that along with birth certificate.

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I have cateracts, and they get worse over time.

 

Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

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No... you can't eat my brain just yet. I need it a little while longer.
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I would also add, although it may not be helpful on this thread or to you as you have more pressing issues, you have obviously reported your passport lost haven't you? If not, then I suggest you do this immediately

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Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

 

I know, have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer. Already had one eye done but was done abroad and they told me i have a flaw in my eyes not just cateracts and other illnesses too that's just the first one, or next operation.

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have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer.

 

Sounds like you are in good hands in that respect. Best of luck when you get it done.

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

UPDATE - did the habitual residence test, haven't heard if we passed or not but received a letter Christmas Eve asking for my fit note to be sent by the 6th of December.

 

We posted the note Christmas Eve but now obviously it will get caught up with Christmas post / DWP having holidays.

 

We also went to take our tenancy agreement but were told to wait for the result of the habitual residence test.

 

Bit worried because it's over a month now. They also said as well that our claim for housing benefit would start the day we go again rather than when we first applied, because she wont take the form of us. I thought housing benefit was tied to ESA but not council tax relief?

 

What would you advise in terms of making sure they don't close my claim while we are waiting for the post.

 

Normally would call and ask for a fax number and get another fit note, but the library is closed for faxing and they probably aren't there to answer the phone either.

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Income based ESA entitles you to full housing benefit and council tax relief. (note: each council has different rules on council tax; do you may still have to pay if on income based ESA)

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I did think we would be entitled to housing benefit if we got ESA but get different messages when to give them the housing form, etc. We were told it was too soon and had until 5th of January to bring it in (despite the fact they aren't there until the 5th of January now)

 

Also, we had actually taken the fit note to the ID for HBT appointment but they didn't want it then. They said to send with the request we had received, only they had never requested it or given info where to send it till yesterday

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