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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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cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

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Okay many thanks..I wouldn't wait by the door for the postman:madgrin:


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Okay many thanks..I wouldn't wait by the door for the postman:madgrin:

 

Haha nah I won't :p


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Soooo, obviously nothing came. Where do I stand now? Will court be lenient with them again or can I say they are too late and can't use any documents in court?


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Allow a few days grace and then inform the court they have failed to comply with the courts directions and failed to serve documents and statements and ask that sanctions be imposed that they are barred from relying on any written evidence or documents in support of their claim.


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Thanks Andy, I'll do that towards the end of the week.


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Ok, so I just write a letter to the court?

 

Edited by User request

Edited by Andyorch
Contents of letter removed

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Well, court should have that letter now with a copy sent to lowlifes, hopefully they will act on it soon as there's only 1 week before the hearing and they normally take 2 weeks or so to even reply to anything.

 

Case in point, they have replied to my letter stating I will be a lay rep for my partner saying it was put before the district judge and they say I'm to attend and ask on the day.

 

So that was a waste of paper.

 

Also when I went in both times was treated very rudely just for handing over a letter. I don't expect them to be smiles and handshakes but being barked at from across a room one time and having it snatched out of my hand and ignored another wasn't all too great.

 

I heavily dislike my local court and have a nasty feeling they're going to do everything they can to make life hard for us as this is what they've been like since day one. Either rude, refusing to communicate, giving HUGE leeway to the claimant etc. Every encounter has been like pulling teeth.

 

Sigh.

 

Also can someone please remove the wording of my letter in post 131?


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Which County Court is this Chedd ?

 

I assure you it wasn't a waste of letter...if you had not given advance notice...you would have no chance on the day


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It's Bolton Andy. My other 2 dealings with them were really good but they were a long time ago. One for a bank charges claim and the other a divorce.

 

And thank you, it feels like it was when they're just telling me to ask on the day. Feels like my letter has been dismissed. I guess I will have to write things down for my bf in case they refuse. It's likely he will clam up and refuse to speak though.

 

I'm going to do some research about what to say, how to say it, what to avoid, what to call the judge etc. I recall seeing an article going over this, see if I can find at again.

 

I doubt anyone from lowlifes will even show and if they do then they won't have much to say anyway. What do I say if they start to bring info from their non-existant WS or any documents?

 

I'm just grumpy and stressed, I suffer from a severe anxiety disorder (as in can't even get past the front door some days) amongst many other health issues, so this really isn't easy for me. So it's easy for me to fall into negativity, I do hope that Monday is a good health day for me :)

 

I know that there's a huge huge chance we will win though so that makes it a lot easier. Just depends on the judge really.


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I think once you actually get into court you will find the Judge a tad more amicable.With regards to how you conduct yourself...just be yourself and polite..he will conduct proceedings and ask you when he wants you to talk.Try not to clam up its only a court and a district judge...he is human..if it helps visulise him sat there in his PJ,s:-D

 

With regards to them producing any documents...you must intervene and remind the judge they have failed to comply with any court directions and therefore you request that they be disregarded and are inadmissible.

 

Refresh your self with CPR 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

And above all relax...you never know you may even enjoy it..it can be quite enlightening :-D

 

Regards

 

Andy


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Thanks Andy I'll give that link a read.

 

I won't clam up and I'm sure it'll be fine once I'm in there. Sadly I have no control over my anxiety attacks whatsoever, they're managed quite well with medication. Otherwise, I'm an extremely confident and competent person who normally doesn't care one jot about things like this! :)


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Well, nothing to worry about.

 

THEY DISCONTINUED! Just got the post today :)

 

Donation on it's way :D


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:-D Thought as much....well done cheddar..thread title amended to reflect the outcome.

 

Regards

 

Andy


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Yeah I have to admit I was hoping on it coming.

 

Is it a good idea to ring on the day just to double check?


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Yeah I have to admit I was hoping on it coming.

 

Is it a good idea to ring on the day just to double check?

 

No need if you have a Notice of Discontinuance..you can ring the court and check they have received same.


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Yay awesome, thanks Andy!


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m6wQFOO.png

 

Thought I'd make a second donation to help others.

 

Thank you to everyone who helped me, you have NO idea how happy and relieved my partner is!! And me haha!

 

Special big thanks to Andy as well :D


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:yo: Many thanks for your donation cheddar..this will help us to continue to help others.

We could do with some help from you.

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Very well done cheddar, be proud of yourself


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No problem Andy, thanks Martin!


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Can I also say congratulations to you and another well done to Andyorch.

 

 

I have been following this thread since page 1 as I have a particular interest in Vodafone and their poor practices.

 

 

I suspected that the Leeds Losers would discontinue but it is unwise to say so just in case they actually do follow through and we have given you a false sense of security. They're not called the Leeds losers for nothing.

 

To pursue this case fully,

Lowells would have needed far more documentary evidence from VF to bring to court

however, many of us know the VF and record keeping are not wholly compatible.

 

 

Vodafone do not have their own debt collection department so farm them out at the earliest opportunity with little to no documentary evidence.

 

 

When a debt is bought by whatever DCA chooses to buy, the risk of action goes with it.

they know it's a risk and when they take action they know that some people will just pay up to avoid court action

but on occasion, there is the odd one who will retaliate.

 

 

These are the cases where the DCA tend to blink first.

This is what you did and you should give yourself a well deserved pat on the back.

 

Am I right in thinking that now they have discontinued after the defence was filed,

they can't get a second bite of this particular cherry?


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Thanks, SF yes I did have the hope for discontinuation at the back of my mind tucked away but didn't want to rely on it as I could have easily taken my eye off the ball.

 

I'm curious about your last question as well.


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CPR 38.7

 

Discontinuance and subsequent proceedings

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim


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