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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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HP Mum

HP Mum v Creation (Store Card) reclaim late fees HELP

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Hi Mum,

 

Are you looking to have any default removed for this account. If so, you can mention this under s. 18 of the POC.

 

Also, you should only seek s.69 Stat'y Int't at 8% as there's no precedent to claim it at 29.9%. According s.18(3) should be altered.

 

An alternative to filing via CCMCC, Salford is to use MCOL but opt to send the full POC to MCOL by post.

 

:-)


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thanks

 

So:

s.18

(3) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% per annum on the amount claimed (daily rate of £x) until judgment or sooner payment - using total £ x 0.00022 (0.08/365) to get daily rate. Just to clarify the 29.9% is for use in claiming restitution and 8% is for after the claim is filed??

and add this clause to remove bad credit rating

(5) Removal of all adverse credit data for the account, as the remaining account balance is made up of wholly or significantly of unlawful penalty charges and associated interest.

Is CCMCC Salford one and the same as Northampton CC?

I read on anther thread/sticky that I file the N1 at Northampton.

I originally sent the prelim in the summer. In that I asked Creation to send the T&Cs under cpr pre-action protocol 4.6c - if they intended to dispute. They have never sent the original or current T&Cs.

Should I continue to file the N1 claim? And hope I don't need them?

 

in s.8 © of my poc - I don't have the standard terms of the agreement so don't know the correct % or monthly pound amount to write here.

what should I do?

 

will this suffice??

 

© The Claimant was to pay the prescribed minimum % payment of the amount by the due date as notified in the monthly statements.

 

the statement says a service charge of 2% or 2.058% /month

Their current apr is shockingly 27.7%

 

AND - what is the best method of filing? I don't mind doing either - as long as the potential for success is good either way !

 

I have printed out the latest spreadsheet. And have printed out the POC few pages to attach to the main claim form.

I think I am almost ready to file this.

If I fill in and print out the .pdf N1 form, do I take it to my local court? Or post it to the nominated court - Northampton/Salford wherever is best...???

 

Last tweek help is most appreciated. Thanks

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Hi Mum,

 

You can't file at the local court these days and must file via CCMCC at Salford. Or you can use MCOL.

 

:-)


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thanks

 

Is this the correct postal address (got it off another thread):

County Court Money Claims Centre

POBOX 527

Salford M5 0BY

 

And - who do I write cheque payable to???

 

Am about to trot to the PO ...

 

Sorry found all info.

 

Just one last thing. It says I have to send Advice Notes for Defendants DO I??

Will try and search now - unless someone can provide a quick link

 

Found it - Its the CN1 form.

Copied x 3 attached to N1x3 - court, Defendant & Claimant (me)

 

Cheque to HM Courts & Tribunals Services

 

Posting to Salford M5 0BY

 

Hope this helps others with the process too...

 

With Christmas looming I am not sure of the timing on their response....

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Just ensure you get proof of posting so you have that for your records.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Proof tucked in the file.

Thanks

 

 

So - given receipt will be Monday and then there is this thing called Christmas looming - what kind of timespan are the courts likely working too ??

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Your guess is as good as anyone's, who knows?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just be realistic about the Xmas period and exclude Bank Holidays plus a few days extra.

 

In fact, enjoy the holiday season yourself and let the court stuff take a back seat for a few days, until 2016 !!

 

:-)


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Should I start preparing anything?

 

 

ps - I made a mistake above. The defendants notes one needs to send in with the N1 is N1c form (2 sheets).

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No harm in preparing your court bundle in advance.

 

Just put it in files on your PC, ready in case you need to print and submit.

 

:-)


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Got a letter from Creation saying they had passed my account to a dca !!

 

 

Funny that. They have ignored every single letter I wrote. But I don't think they can ignore a legal Court Claim, can they??!!

 

 

Hass anyone else ever successfully challenged Creation with a CI claim?

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I got as far as completing it on line and gave them an option pay or I pay to have the claim made live. I got a nice cheque in the post.


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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That is good to know :-)

 

I have filed a Claim and they must have received it by now although I am waiting for the Court's notification.

So I guess I wait and see...

 

Can someone please direct me to the template letter to write to a dca who is chasing a debt that is in dispute?

 

Dca has sent me letter today about this account.

Creation have ignored every letter, they know the account is in dispute and have still passed it to a dca, and I have already filed a Claim in court too. Seriously!!!'

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If the debt has been legally assigned to the DCA you may have to amend your claim (the Defendants details)


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I posted the Claim to Salford almost 2w ago. Would have been received latest by 18th (haven't checked).

Dca has just sent letter dated 27th that my account details have been passed to them - no formal letter of assignment.

So it seems Creation must still be owner of the debt

 

Can I check online if Salford have processed it? Or do I just have to wait to get letter?

I posted rather than doing moneyclaim online

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It will be manually processed so unfortunately you cant monitor its process.....one of the downside of Salford.


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You need to let us know what the letter from Creation said, so we know if they debt has been formally assigned to the new DCA owner ..............

 

........... or if they've simply referred the a/c to a DCA for collection action.

 

:-)


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Creation wrote " Your agreement has been referred to dca for collection of the overdue amount"

Dca wrote " Your account details have been passed to us by Creation to act as collection agent and we will now be dealing with your account"

 

 

But I have not received a Notice of Assignment letter from either.

The 2 letters I have received don't appear formal notification. Do they?

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Regardless, you NEVER ever deal with a powerless DCA.

 

Were they in the sane envelope?

 

You don't deal with puerile DCA's so they can be ignored, your dealings are with the OC, and if they're foolish enough to claim that they are no longer dealing with the matter, then you're not going to deal with their powerless petty DCA, if they want their money then they have to demand it themselves...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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2 separate letters.

 

 

But thought I should ignore.

The Claim went to Salford. So the legal process of me being the Claimant and Creation being the Defendant has started....

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** Update **

 

 

CCMCC have written to me - a Notice of Issue.

 

 

C has until next week to reply - defend or pay.

 

 

If C decides to fight me/defend my claim - what do I need to do next?

This is the first time I have issued a claim.

 

 

If they do nothing by the stated date on the Notice of Issue, I guess I can immediately send in the Request for Judgment.

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Hi Mum,

 

No point in guessing events. Let us know what happens (or not) by the deadlines.

 

If they acknowledge and then defend, let us know the content of their defence.

 

:-)


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I have not heard anything from Creation.

Just 1 day to go....

 

 

If I don't hear back, can I immediately - on the day they should have written to me - post the bottom of the Issue of Claim letter asking for Judgment?

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Because of Christmas / NY - the Courts did not issue the claim until later than I expected.

However the due date is almost up.

I will have that letter to post on standby....

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