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    • Hi Shelley and hope you're ok 🙋‍♂️   Is the respondant an individual, a business, a Ltd Co, etc ? This info may help others advise on how best to enforce the Tribunal award.   Interest  -  it's the award amount of 2,500 times 8% divided by 365 which gives you the daily interest amount, times the number of days.   Or 2,500 x 0.08/365 = interest per day = 55p per day   Or use the factor of 0.00022 to give the same result for the daily rate of interest to add. 2,500 x 0.00022 = 55p per day.
    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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No Idea What To Do

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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.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

:p

 

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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