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    • 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
    • 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. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit.   However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit.   My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p).   She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ?   Surely this can not be right ?   Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week.   Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
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Capquest/? claim form - Old HBOS Loan 'debt' poss SB'd

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My stepson has received a claim form from capquest

which he believes is for a loan he had with Halifax

we have checked his noddle and Equifax file

and nothing is showing up

 

 

Issue date 31st march 2016

 

Name Of claimant Capquest

1) The claim is for the sum of 11k in respect of monies owing by the defendant

on a credit agreement held by the defendant with Lloyds banking group under account number 1234567

upon which the defendant failed to maintain payments

A default notice was served upon the defendant and has not been complied with

2)by virtue of a sale agreement between Lloyds banking group and the claimant who has a genuine commercial interest

The defendant has been notified of the assignment by letter Contact Drydensfairfax solicitors

 

What is the value of the claim? 11k

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Bank loan

 

When did you enter into the original agreement before or after 2007? not sure 2006/2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? split with wife then made redundant

 

What was the date of your last payment? approx. July august 2009 however it could be as late as November 2009

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? no

How do we defend this as I think it is statue barred (if that's the correct word )

 

 

Thanks

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date of the claim please


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date of the claim please

 

 

Thanks for looking dx

 

 

Issue date 31st march 2016

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go ring Halifax.

 

 

quotes the AC number

and ask!

 

 

dx


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cheers dx got him coming round in the morning to phone

 

He will ask for

 

Date of loan agreement

 

Amount of loan (he thinks it was 5k he borrowed and he did pay it for a few yrs so cant understand why its now 11k)

date /amount of last payment

date of default

date debt was sold and to who

 

Is their anything else he needs to know

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quite honestly id simply quote the account number

find out if it is a loan or bank account

and ask date of last payment.

they are not involved in the claim

don't mention it

 

 

the rest you point to you don't need


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

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got the information from Halifax

 

 

Bank loan

last payment 31/7/09

default date September 09

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So its statute barred and capquest got greedy? better luck next time capquest. Theyre going to be so mad when you file the SB defence. Especially now you have the info direct from the OC :)


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1 The Claimant's claim was issued on ( insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x (insert value) or any other sum, or relief of any kind is denied.


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well done

go file it now

no need to wait

and no need to do anything else


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thanks guys very very grateful all done defence in

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got a letter from drydensfairfax about this

 

I have scanned the letters but don't know how to put them up here

 

they have sent copy's agreement, statement ,default notice, notice of assignment (nothing about it being statue barred )

asking for payment in 14 days

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so immaterial really

 

 

follow the upload

 

 

scan them all to JPG

redact them

pop them all into ONE MULTIPAGE doc

then file

save as

.pdf

 

 

and attach here

 

 

read the guide


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

The CAG Interest Tutorial Read Here

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so immaterial really

 

 

follow the upload

 

 

scan them all to JPG

redact them

pop them all into ONE MULTIPAGE doc

then file

save as

.pdf

 

 

and attach here

 

 

read the guide

 

not a chance I can I do that I have tried before to send files to husbands work and the only way I can do it is scan as pdf doc and e-mail it

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not got any emails yet

 

 

sent again hope its ok this time

 

thanks

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cant see the agreement

 

but that makes no odds

 

they've shot themselves in the foot really

as the statements clearly show

last payment was 4/9/2009:lol::lol:


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

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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

The CAG Interest Tutorial Read Here

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last payment was 4/9/2009:lol::lol:

and the dn issue date is shown as 24/10/09, so they cant use that dn argument :)

and, although the dn is re arrears, it says all monies outstanding may be due thereafter. did they request the full amount outstanding after that?


IMO

:-):rant:

 

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had another letter giving them 14 days to pay up

 

can they take them back to court again

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Giving them??

 

The claim is stayed is it not?


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

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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

The CAG Interest Tutorial Read Here

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Giving them??

 

The claim is stayed is it not?

 

yes as far as I know they never received anything from the court all they received was the paperwork from capquest that you posted on here (thanks for that dx)

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had another letter giving them 14 days to pay up

 

can they take them back to court again

 

Giving who...the claimant or you ? Perhaps upload the letter.

 

Andy


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will get them to bring it round over weekend and post it thanks

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