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    • Hello all,    I have received a letter from Advantis in regards to an overpayment of carers allowance I received when I got a job whilst I was caring for my mother. I did not know I had to inform them etc.    Long story short, I had a compliance phonecall with carers and nothing more was said.    I stopped caring for my mum shortly after and cancelled my carers allowance too.    I was employed for 4 months at the beginning of 2018.    Apparently the DWP and carers have sent letters but I haven't responded so they've gone through Advantis to recover the amount owed. I moved house shortly after cancelling everything and had no contact from them at all.    They sent letters to my previous address so they told me that's why it's been passed onto Advantis.    Today DWP told me that the only thing they can do is take payment in full, or deal with Advantis to come up with a payment plan.    I spoke to Advantis who asked me to pay in full or in two installments, I refused and they then said they've put my account on hold for 30 days whilst I go away and work out my monthly income etc so they can go through an affordability assessment to work out how much I can pay back and how often.      What shall I do? DWP tell me there's nothing they can do as it's been passed onto Advantis.    Advantis tell me they are working on behalf of the DWP... Nobody will tell me who owns the debt.     What shall I do?    Thank you all in advance for your amazing help.     
    • Hi, I have just received a pcn from Euro Car Parks saying that my car was in one of their car parks for 13 mins without making a payment. The reason being is that my husband was waiting for me, but where he thought I would only be 5 mins I was longer because of health issues and I had to take a rest. As if this wasn't enough, unbelievably I have just received ANOTHER notice saying I had not paid for a ticket on the 9th of September. I would like to mention the car park charges are so cheap, at £1:20 all day, it would be insane not to pay. We have used this car park only around 4 times and have always paid, excepting th time the car was waiting for 13mins. What a shock I have got receiving these notices. I wonder if I accidentally keyed in my registration incorrectly? Please can someone advise.
    • I also have a similar problem with Advantis for DWP overpayment of carers allowance. I've only just moved into my own house and they've sent a letter asking for my whereabouts and a business matter that needs my urgent attention. I have found out from the DWP and carers that I owe £1,131 and Advantis want me to go through an affordability assessment.    I am not sure who owns the debt, DWP or Advantis and where I stand with this 
    • I've just had this emailed from CarMoney. I'm so confused, I really don't know what I'm supposed to be doing and with whom. "Apologies for the delay in response. I have spoken to Oodle regarding the complaint and unfortunatly, they would require an independent report to be carried out on the vehicle. The burden of proof would lie with yourself.   I can certainly help by giving you the details of Scotia, who is the company that we use."   Everything I've read says that I did the right thing by exercising my rights under the CRA 2015 with the dealer. That was done within the six-months, so the burden of proof should be on the dealer still? Or am I completely wrong??
    • Heard nothing for 6 & half years until last week. A big fat letter from Barclays upholding my PPI claim which had gone to the Ombudsman (news to me) and enclosing all the waffle and finally at the end a cheque for £3659.20 and advising that £454.85 was taxed - this I can reclaim as I don't pay tax currently.
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Poppay2

Cabot/weightmans claimform - following SD set aside in 2013 - halifax Aqua Card ***Claim Discontinued***

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Your 1 & 2 require a rethink Poppay

 

They do not refer to Sav Credit in 1 and 2 refers to debt assignment ...not a CCA.

 

Regards

 

Andy


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I have made amendments to points 1 and 2. I did have a letter of assignment years ago therefore cannot deny. Particulars of Claim

 

1. The Defendant entered into a credit agreement described by the original creditor as Bank of Scotland (AquaCard)- Credit Card and having account number *********** ('the Account').

 

2. The Claimant, a UK limited company with company number *******, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.

 

3. The Defendant is indebted to the claimant in respect of the account in the sum of ****

 

4. The Claimant claims the said sum of **** plus costs. court fee £*** Legal representatives costs £** total ****

 

 

###Proposed Defence####

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have in the past had financial dealings with Aqua Card. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

2. Paragraph 2 is noted.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Despite several requests being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00 for each request; the latest request being **th October 2015 the Claimant remains in breach of the sec78 request. The Claimant has advised DCA that they do not have a CCA. I have retained said correspondence.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

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Thats what thumbs up usually means Poppay:-)

 

I know, just been wired the last couple of days and still crossing the t's and dotting the i's :)

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My log in details are not working for the MCOL site I made a note of them, but they just keep coming back as incorrect.

 

 

I am panicking now, does this mean that my ack never registered?

 

 

i do have a number but I cannot seem to find out how to access this.

 

 

I dont appear to have recieved any emails from mcol

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OK, I've stopped panicking. Apparently you get locked out for several hours if you try more than 3 times, but I always very careful about saving correct log in details. I called them anyway and they advised send by email, which I have now done.

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I wonder if perhaps you could mention the lack of statements, notice of arrears or notice of Default Sums after paragraph 5 and then renumber from there.

 

Andyorch isn't online at the moment, but will be back a bit later on today. I will flag this for his attention.


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I wonder if perhaps you could mention the lack of statements, notice of arrears or notice of Default Sums after paragraph 5 and then renumber from there.

 

Andyorch isn't online at the moment, but will be back a bit later on today. I will flag this for his attention.

 

Ignore me.. looks like you are all done and dusted now :)


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

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Ignore me.. looks like you are all done and dusted now :)

 

I am now, despite the blip on the mcol site. amazing how my mood has improved, now that is out of the way :) will keep you updated as to what follows :)

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It certainly seems to lift a weight from your shoulders once the defence is entered and you have met the deadlines:-)


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I tried posting this from a notepad document and still no line breaks, I dont know why this keeps happening. the line breaks are there, but as soon as i post it, they all disappear, am I missing something?

 

What browser (and version) are you using please?

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What browser (and version) are you using please?

 

I'm using Firefox 38.1.1, should I be using ie?

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Not at all, Firefox should be fine. Just we've seen this issue in the past with older versions of IE

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Not at all, Firefox should be fine. Just we've seen this issue in the past with older versions of IE

 

It may be that I'm using a work laptop, and our laptops tend to be tied down pretty tight, there may be something that is not activated, which is causing the issue.

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Hi All Finally heard from Weightmans...

..it says...

 

 

. We write in respect of the above mentioned proceedings.

 

 

We have received your Defence and can confirm that our client does not accept such.

 

 

Accordingly, we have written to the Court to request that the matter proceed as defended.

 

 

Yours faithfully I am guessing this is pretty standard so far?

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what date did you file your def?

 

 

what date is on the letter?


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That’s useful in some ways. They have essentially denied all the points in your defence. So if they go to court and lose on one of those points, which you state you have repeatedly made clear to them – then ask the judge for costs on the grounds of their unreasonable behaviour, and failure at every stage to avoid using the courts.


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what date did you file your def?

 

 

what date is on the letter?

 

Filed the defence on 5th November by email, court verified receipt by email also. Weightmans letter is dated 3rd December

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That’s useful in some ways. They have essentially denied all the points in your defence. So if they go to court and lose on one of those points, which you state you have repeatedly made clear to them – then ask the judge for costs on the grounds of their unreasonable behaviour, and failure at every stage to avoid using the courts.

 

Hi DonkeyB I will make a note of this

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not sure if its 28days or 33 days from your def filing date the case gets stayed?

I wonder if they are in time?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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not sure if its 28days or 33 days from your def filing date the case gets stayed?

I wonder if they are in time?

 

Just counted the days, not including the 5th Nov, it is exactly 28 days 6th Nov to the 3rd Dec since filing my defence, I recieved the letter on the 4th Dec. I bet they are in time, but just hung it out as long as possible?

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I have received form N180 for mediation, which needs to be returned by the 31st December. so far it looks pretty straight forward, will complete it over the weekend, as getting difficult to do this stuff at work at present.

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