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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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Dickyb0b

DWP Sanctioned me for being late to a work program interview

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So ive just come out of my sanction period just now from the 21st to the 30th , the sancation was for being 15 minitues late for a work program interview, there was really nothing i could do, the bus came to a stop in traffic jam and a heck of alot of passengers got on that day, very frustrated , i think it wasnt fare as i had no control what was happening, what do you think?

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Hello Dicky and welcome to CAG

It is always worth while appealing a sanction straight away. What is there to lose?

What reason did the Decision Maker actually give for sanctioning you? The wording is important.

Please clarify the sanction period dates. Sanction period usually covers the 2 week signing on period in which the alleged cause of the Doubt occurred. Never heard of it covering 9 days.

Also a first sanction these days usually incurs a 4 week stoppage of benefits. Is that not the case with you?

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Hello Dicky and welcome to CAG

It is always worth while appealing a sanction straight away. What is there to lose?

What reason did the Decision Maker actually give for sanctioning you? The wording is important.

Please clarify the sanction period dates. Sanction period usually covers the 2 week signing on period in which the alleged cause of the Doubt occurred. Never heard of it covering 9 days.

Also a first sanction these days usually incurs a 4 week stoppage of benefits. Is that not the case with you?

 

I suspect that because he did attend it didnt affect it that much...

But for being 15 minutes late... I think its overkill.

 

Yes challenge the sanction asap... :)

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You should of done a mandatory reconsideration.

Then done an appeal

 

Make sure you have stuck to all deadlines.

 

Be prepared for them to say you should of got an earlier bus.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Dicky,

 

 

I meant to ask what the WP adviser actually said about the Doubt when s/he raised it. Why did s/he say that your reason for being late was not acceptable?

 

 

We need to ascertain if the correct procedure was followed.

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yes it was because i was late, he said i will get in to trouble, next thing i know i get a letter through the door saying theres a dout on my claim , i had to explain why i was late, i asked today if i could get a same day payment but they said the hardship money will be in on tuesday now, why was i thinking it would hardship + todays signing that i will get on tuesday?

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To help people help you can you give us the dates of the meeting you were late for

The date the letter arrived and the date it was postmarked etc


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If all the adviser told you was that you would get into trouble and he did not mention that he was raising a Doubt, or give you an opportunity to make a formal statement of your reason for being late, then he did not follow proper procedure. That's maladministration.

 

The DM would have accepted the Doubt and proceeded to allow the sanction without hearing your side of it. That too is maladministration.

 

It's beginning to sound like there might be a good chance of getting that sanction decision reversed.

 

 

You should prepare a letter to the DM asking for a mandatory reconsideration of the decision to sanction you. Include all the details of what was said and done at the adviser interview where you were told that you were in trouble, also the reason for the interview that you were late for, whether or not it went ahead and what was said and done at that interview.

 

There are members on this site who are well able to help put a case together for you, but in order to do that they will need all the details. Drip-feeding the details one snippet at a time is going to take longer than you've got to have your case heard.

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na its ok, its happened now, i am just happy its sorted, it wasnt so hard as well as i am living with my mum still, i take it on the chin and i have just decided to use another bus which is more direct and not so much cutting through streets picking alot of people up, so hopefully it cant happen again...

Edited by Dickyb0b

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