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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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I was signed off JSA for taking my third period of sickness in a twelve month period at the start of December.

I was advised to make a rapid reclaim which I did, had my appointment on December 12th.

 

I rang on December 22nd to see if anything had happened with processing my reclaim

only to be told by someone on the phone that my original claim had only been shut down in one way

and she needed to close the other part. I agreed to this.

 

I managed to get through Christmas and New Year on no money at all,

was told no financial help for my fuel costs as I pay by direct debit and therefore will not be cut off if I do not pay.

It made no difference that I owe my energy company £880 for previous bills

and they have threatened me with pre-payment meters if I do not start to make regular payments.

Also was told I did not qualify for any emergency payments or even food bank voucher.

 

Today I recieved several letters,

one from the council saying my Housing Benefit had been suspended,

it seems this hadn't been done when they originally closed my claim

and must have been done when the other part of my original claim was closed.

 

 

I rang the council to be told I could not declare nil income as they had no idea what was going

and they didn't know what dates I needed to declare from due to what I was told by the DWP regarding one of the letters I recieved from them.

 

I also recieved 3 letters from the DWP,

one was my P45.

One was saying that they had stopped the deductions from my JSA to pay the council my council tax.

 

The third is the one that confused me the most.

It stated that they could pay me JSA from August 15th 2009 but on December 17th 2014

they would no longer be paying me JSA as I was either working more than 16 hours a week

or I had asked them to stop my JSA.

I had done neither thing.

 

I rang the number on the letter and they could not understand what was going on,

my original claim is closed and they have no record of a rapid reclaim.

 

 

I was told I would have to make yet another rapid reclaim but no backdating would occur.

I was also made aware that it could be March before any money is received as from January 1st

any new claims will be under Universal Credit and not JSA.

 

I was due to sign on tomorrow, an appointment made for me at my rapid reclaim,

no idea if I should go just in case the people on the phone have made a mistake.

 

Feel totally at a loss as to what to do.

 

 

Can anyone give me any advice?

 

 

Both the council and the DWP didn't seem to care

and they expect me to know what to do

and how to sort things out when I have no idea.

 

Thanks in advance

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I assume you are a single person with no disabilities or children.

 

If you are living in a Universal Credit area and have had a break in JSA, you will be advised that you need to make a claim for Universal Credit.

 

Have you made a claim for Universal Credit yet?

 

As Universal Credit includes an element for Housing Costs, you will no longer be eligible for Housing Benefit.


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Definitely go tomorrow as you may be able to sort it, and if you miss it could have further problems.


 

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Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

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Advice & opinions given by Caro 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.

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Yes I am single.

 

When I made my rapid reclaim it was for JSA in December which I am told they now have no record of.

 

Been told that a new rapid reclaim will be under Universal Credit and will only count from when I make it. If my original rapid reclaim is still somewhere then surely it would complicate it further by making a new one?

 

I was trying to sort housing benefit as not recieved any since end of November, have no income and wanted to make sure I still have a roof over my head but told I can't as they can not figure out the dates.

 

I assume you are a single person with no disabilities or children.

 

If you are living in a Universal Credit area and have had a break in JSA, you will be advised that you need to make a claim for Universal Credit.

 

Have you made a claim for Universal Credit yet?

 

As Universal Credit includes an element for Housing Costs, you will no longer be eligible for Housing Benefit.

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That is what I was thinking, all they can do is turn me away if the appointment is no longer there

 

Definitely go tomorrow as you may be able to sort it, and if you miss it could have further problems.

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Have you spoken to a decision maker? The rapid reclaim could well be sitting on a desk. Call and ask for a call back from a decision maker.


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

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Just spoken to someone again at one of the contact centres using the number on the letter.

 

This time had someone much more helpful. They could see what had happened, when whoever it was went in to close to original claim they not only closed that claim but my claim as a whole including the rapid reclaim.

 

They themselves it was a mess and they had no idea why that had been done. The person on the phone did apologise and said I had done nothing wrong, they could see I had attended my reclaim appointment and even the time I was due to sign today, which they confirmed had been cancelled when the claim was closed down completely.

 

I am now waiting for a call back from the jobcentre to see if there is anything they can do, I was told there is a chance they might be able to do something that means I won't need to make a completely new claim.

 

Apart from wait is there anything I can do?

 

Thanks

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So I recieved no callback today. Will have to ring again in the morning.

 

Is there anything I can do at all to speed things up?

 

Checked my bank account and I have £1.52 to last me until god knows when.

 

Thanks

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Normally callbacks have a time span of 5 working days. If you phone and query it and then request a callback again

you have to wait upto 5 working days again. So just remember not to request another callback or the wait time

for the callback goes back to 5 working days.

 

I got caught by this the will call back but did not get it so rang them and requested another. Could have been

requesting for a lifetime and never got the callback.

 

Also I have had callbacks that took longer than 5 days.

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