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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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reallymadwoman

Would this be considered audio recording a PIP assessment?

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Copied from my PIP thread so that more people are likely to see it:-

 

I know that we're not allowed (for all practical purposes, anyway) to audio record PIP assessments but I have severe memory issues AND I find writing very difficult so I often use an electronic note taker which is in effect a voice recorder, it just puts the sound into words for me to save me the effort of transcribing. Does anyone know if I'll be able to use this during a PIP assessment?

 

 

Should I also accidentally leave my phone on voice recorder, that would of course be a different issue. And if my companion also had their phone on voice record so that if asked to stop, we would of course turn off the phone that had been noticed ......


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Recording Interviews etc.

You might find this response to the same sort of enquiry from the Information Commissioner's Office helpful. To the best of my knowledge the ruling is still valid.

If the recording contains evidence to support a maladministration charge, using it at a tribunal hearing could be regarded as one of the personal uses to which it could be put, a very important one.

 

Information Commissioner’s Office

26 September 2012

 

PROTECT

26 September 2012

Case Reference Number ENQ0465807

 

Dear Mr Zola

 

Thank you for your correspondence of 23 September in which you ask if an individual cannot covertly record conversations when they are solely for their domestic use.

 

Under the Data Protection Act 1998 (DPA), Section 36, there is an exemption which states that “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”

 

This means that an individual can carry out covert recordings without being in breach of the DPA as long as the information is for their own personal and domestic use.

 

I hope this information is helpful. If we can be of any further assistance please call me, or contact our Helpline on 0303 123 1113, quoting your case reference number. You will also find useful information on our website at [1]www.ico.gov.uk.

 

Yours sincerely

Michelle Hazlehurst

Case Officer - First Contact Group

Direct Dial - 01625 545216

 

  • Haha 1

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The note taker doesn't actually record any audio, it just tries to transcribe it into a word processing document. I'm fairly sure that it would be perfectly acceptable for me to do this but if the person carrying out the assessment thinks it's an audio recorder (there's no chance of being able to do it covertly) they may well insist that I stop unless I can find something to print out and hand over that says I'm well within my rights to use it. Any covert recording would have to use some other means - an iPad is never going to go unnoticed, particularly one in a bright pink case.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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For a while I had a gadget that looked exactly like a flash drive, but recorded audio. Actually, it was a flash drive with a couple of G capacity, but you flicked a switch and it would record decent quality audio. For some appointments I just wore it on a lanyard around my neck. It wasn't terrific quality - lasted about 6 months - but it worked when I needed it and cost about £7 or so. When my wife needed to use it, she would hook it onto one of the metal loops on her handbag and nobody looked twice at it.


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My husband had his PIP assessment carried out at home and we covertly video recorded his assessment with a webcam, we just used a blob of black nail varnish to cover the LED on the camera which was easily removed later with a pair of sharp tweezers.

 

However there are devices as described by Antone on eBay.... I won't provide a link but if you put this number 311439255345 in an eBay search something of interest may pop up, I can't say I've used it so its a case of buyer beware.

 

But I would certainly encourage anyone to record their PIP assessment and transcribe it to text along with keeping the original audio recording......

 

ATOS and CAPITA are wolves in sheep's clothing don't trust them, they are known for entering information which isn't 100% correct. We've previously and quite sucessfully used a transcript at a tribunal when there was a discrepancy in an ATOS report, lets just say the tribunal judge wasn't happy with the presenting officer who turned up at my husbands hearing.

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