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    • Updated, in bold, my apologies.   1. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I have had past financial dealing with HBOS but I do not recognise any details of the agreement number referenced. The Claimant fails state what type of credit this agreement relates to in their vague particulars of claim.    3. On receipt of the claim form, the Defendant sent on date 28 August 2020 a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied 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; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I would suggest a couple of extra bits -   Dear Sirs please note that in July 2019 I lived at xxxxx but my current address is xxxxx. I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error. On the day in question payment was made via the RingGo app according to the enclosed receipt.   A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.   The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.   No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.   Their records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.   Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”. I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error. I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g). Regards COPIED TO Premier Park Ltd.   As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in. I've also been a bit more abusive to show them you're not frightened of their threats 😉      
    • Hi all   On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states:    The particulars of the claim are:  THE CLAIMANT CLAIMS THE WHOLE OF THE         OUTSTANDING BALANCE DUE AND PAYABLE UNDER AN AGREEMENT REFERENCED 4929107********  AND    OPENED EFFECTIVE FROM XX/XX/2000. THE        AGREEMENT IS REGULATED BY THE CONSUMER       CREDIT ACT 1974, WAS SIGNED BY THE DEFENDANT AND FROM WHICH CREDIT WAS EXTENDED TO THE    DEFENDANT. THE DEFENDANT FAILED TO MAKE      PAYMENT AS REQUIRED AND BY **/12/2015 A      DEFAULT WAS RECORDED. AS AT 30/09/2016 THE   DEFENDANT OWED BARCLAYCARD PLC THE SUM OF    809046. BY AN AGREEMENT IN WRITING THE       BENEFIT OF THE DEBT HAS BEEN LEGALLY         ASSIGNED TO THE CLAIMANT EFFECTIVE           30/09/2016 AND MADE REGULAR UPON THE         CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER. AND THE    CLAIMANT CLAIMS- 1. 81**** 2. INTEREST       PURSUANT TO SECTION 69 COUNTY COURT ACT      (1984) AT A RATE OF 8 % PER ANNUM FROM       30/09/2016 TO 14/02/2020 OF 208571 AND       THEREAFTER AT A DAILY RATE OF 171 TO DATE OF JUDGMENT OR SOONER PAYMENT. DATE 14/02/2020                                                 The claimant details are:  ASSET LINK CAPITAL (NO5)  LIMITED   The claim amount details are:   Amount Claimed  £10***.17 Court Fee  £457.93 Solicitor Costs  £100.00 Total     £10***.10   The claimant solicitors’ details are:   KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107***********   I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.   The CCJ was obtained by default after they wrote to my old address.   Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.   It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)   I stopped payments at the time of sending the CCA.   I haven't made any payments since (though I appreciate it's not SB)   I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'   I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015?  If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?   My goal is to try and keep any application to set aside simple..    Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?   Thanks in advance!    
    • Good afternoon Everyone,    Im new here and was advised to come here to try to help get some answers!   I recently received a letter from Lowell about some debt that is roughly 5 years old now.    It’s for EDF energy and capital one credit card both on the same claim form?   im not sure it’s even a legit claim form but how would I know?   I just don’t know what to do about it ? Ignore it or contact them?   thank you all In advance.     
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How bad is "The Work Programme" and does it ever help?


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I believe that they get paid by the amount of victims who attend the job search so every person equals x in pounds plus the reason for abandonment is its a cheap profit maker as they can do other parts of their job and help if required

 

1 hour is lucky as I had to do 2

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I believe that they get paid by the amount of victims who attend the job search so every person equals x in pounds plus the reason for abandonment is its a cheap profit maker as they can do other parts of their job and help if required

 

1 hour is lucky as I had to do 2

 

Did you have to do 2 straight away or were you on 1 hour and then over time it got boosted up to 2 hours?

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Did you have to do 2 straight away or were you on 1 hour and then over time it got boosted up to 2 hours?

 

2 since the beginning and I doubt an hour is a boost lol

You have already seen how pointless it is for yourself

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I believe that they get paid by the amount of victims who attend the job search so every person equals x in pounds plus the reason for abandonment is its a cheap profit maker as they can do other parts of their job and help if required

 

1 hour is lucky as I had to do 2

 

Chester, not true I'm afraid...

 

The mandatory job search is nothing more than 'enforced' job seeking activity on the DWP lead assumption that people don't do enough for themselves. The intention behind it is that an advisor is on-hand to help if needed but yes, we'd also fill our diary with other tasks. The advisor's diaries are monitored just as your job seekers diaries are - the 'target' was at least 12 x 30 min appointments attended every day. As such, you'd book more than 12 as most of the time someone, mandated or not, wouldn't come in. Having 4 or 5 people come in for an hour or so was a good way to fill that time effectively. Of course, I was under no illusion that if someone had decided they wanted unskilled construction work (which was the bulk of my caseload at the time following the financial crisis and the wholesale collapse of the construction industry as we knew it before) then there were perhaps only one or two labouring vacancies advertised each week. We knew what they were, and had already told people about them so the 'job search' was more like: 'sit on MonsterJobs and keep clicking next for an hour'. But, that was what the JCP / DWP expected...

 

But, no, no extra money or easy profit here.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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no extra money or easy profit here.

 

That pretty much confirms what I had thought. A low cost exercise to show that they are doing something, even if it is of little real value. From what I have seen of the set-up at one provider, investment in equipment, consumables, and staff was minimal and internet access was restricted.

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No... you can't eat my brain just yet. I need it a little while longer.
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That pretty much confirms what I had thought. A low cost exercise to show that they are doing something, even if it is of little real value. From what I have seen of the set-up at one provider, investment in equipment, consumables, and staff was minimal and internet access was restricted.

1 -could have sworn I read it was paid based on the amount attending

2 - you describe it perfectly

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I've just been referred to the work programme after a forty minute conversation with a dwp manager about what I have to sign and so on, I didn't sign anything. I'll be recording everything else too if it can be of any use to people?

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I'll be recording everything else too if it can be of any use to people

 

By all means publish your comments and views less any identifying personal details. But what ever you do, don't post covert recordings unless you have the written consent of all parties involved.

 

P.S. You have our commiserations and hope you get an early release.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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'm mindful of personal details, that would be unfair to those involved. What about a transcription?

 

Transciption is fine I think

Good luck

I hope you know your rights

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Under the Data Protection Act, you can record for your OWN PERSONAL USE and not use the recordings with any third party. (Exemptions may apply for criminal investigations)

 

SO using the recording to create a 100% accurate transcript would be legit.

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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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I haven't done the work programme, lucky I was just under the time on the dole to be referred. It sounds terrible! Isn't it a real incentive to actually get a job though if it's that bad? I mean, spending 30+ fighting the system and complaining with legislative examples to frustrate their every move - that sounds like a full-time job in itself!

 

I'm confused about how if you are smart enough to play the system and know your rights in law so well, why you don't just get a min wage job like me, despite having about 10 letters after my name through study, and at least spend 30+ hours a week getting paid?

 

£72 JSA doesn't go that far, and at least you get the real satisfaction of being in work. What am I missing here?

 

I've met people who are so unemployable they can't even shake your hand. Some of you with your writing skills seem to be "professionally unemployed"! In the same way a lot of people on the internet these days seem to be "professionally offended" etc.

 

What's the deal?

 

Here's the problem. When on the WP, you are often encouraged to lie or at the very lead mislead. For example, omitting qualifications such as a degree just to apply for min wage / entry level roles. When attending the WP at Ingeus, one adviser even criticised me for looking at more than a couple of different employment categories as she said I was spreading myself too thin!!! As such adviser could easily discourage anyone applying for a min wage / entry level position through her own actions. Whilst another would do the opposite. Just a tiny example of how the WP is a shambles from top to bottom, inside and out.

 

Your post smacks of 'don't complain and be grateful' regardless of treatment. I doubt anyone hear is spending 30+ a week 'fighting the system' as you put it. What they are doing is highlighting just how bad and corrupt the system is. Should we keep our mouths shut to satisfy you, the DWP, Iain Duncan Smith and the government?

 

Perhaps you need to go away and research on just how poorly the WP performs, what the House of Commons own Public Accounts Committee had to say on it's performance and the performance of various WP providers delivering the WP and previous back to work scheme failures such as New / Flex New Deal.

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Perhaps you [deepforest] need to go away and research on just how poorly the WP performs

 

Our 'friend' last made an appearance on 25th July at 21:54, so I suspect he/she probably has gone away. So hopefully, we can get back to advising Fragil1ty on coping with the Work Programme.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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 noticed deepforests comment about people being so unemployable they can't even shake your hand - well on a bad day I can't shake somebody's hand and have a naturally poor handshake due to arthritis....that doesn't make me unemployable!

 

The work programme (when I took part in it) was not really designed for people who could 'do it themselves' and I used them to my advantage, including getting money from them (60 quid towards renewing my passport - the only 'official' ID I have as I don't drive) and doing a few dummy interviews using REAL job descriptions from vacancies I had applied for.

 

The centre was a short walk from my home but that didn't give them carte blanche to contact me at short notice to come in and make their numbers up on pointless courses. Luckily I knew two of their course instructors who told them I was 'unsuitable due to being properly skilled' for some of the more mundane courses.

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  • 4 weeks later...

I've not read the whole thread yet, however I too have some Web development experience and have worked in IT all my career. I'm now into my 2nd year on the 'TWP' . It's not been all bad, they make sure that you get the basics done which is the best thing. I think you do need someone to be accountable to and a bit of coaching . When I was made redundant I was given an expensive out placement programme that TBH was not a lot better than the sort of thing you get for free at TWP .

 

The main trouble I've found is that Maximus in Southampton now seem to have thrown their hands in the air and given up with me, since I've gotten a few months experience doing PHP development , this is just so far off their radar. They are more used to dealing with kids out of school who've never worked or people who've been on benefits for ever and have no intention of working or those who would be happy with a cleaning job in Tesco . ( not that I haven't applied for my fair share of menial jobs )

 

The staff are fairly stretched and try their best, but the most helpful people seem to move on pretty quickly in my experience and the people left behind are the zombie form fillers. I've been put on various generally dissapointing mandatory sessions , some of which you could do any way since they are freely available from charities etc.

 

I agree that it's a bit of a waste of time, It takes me an hour to drive into Southampton and I think twice I've turned up there to find the person I was meant to be meeting had not even bothered to turn up ! I also find the Mandatory job searching really annoying. I have fibre internet and thousands of pounds worth of IT gear sat at home, and I'm sat there using defunct Windows thin clients that randomly share your session with other people!

 

I think if it were a bit nearer and didn't involve going into Southampton 3 times a week it would be a lot better !

Edited by maroondevo52
Removed unsuitable word
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I also find the Mandatory job searching really annoying. I have fibre internet and thousands of pounds worth of IT gear sat at home, and I'm sat there using defunct Windows thin clients that randomly share your session with other people!

 

You can try arguing that, as you are better-equipped at home, then this is not a 'reasonable' activity. Like the DWP, they MUST take customer's circumstances into consideration and everything they ask you to do must be 'reasonable'. Of course they stretch this as far as they can.. and if they can get you to actually attend - no matter how pointless it is - it's something to show their DWP masters. 'Oh look, we've had this guy in every week, aren't we doing a good job of trying to help him!'

 

I had the same rubbish with Ingeus, though mercifully I only had about 12 appointments in the entire 2 years.

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Yes, I have raised issue about having to go there, my first consultant let me do job searching from home, so I don't know if they've had a change in policy or if I'm just unlucky. She was sat with us as a group this week so the normal people sat around complaining and mucking about was not so bad. I'd rather be getting on with my training etc than traveling 6 hours a week

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