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    • Actually, no, or at least not with RBS. I changed to a different provider in 2009.
    • He is also trading under James Marshal cars on eBay - same details.
    • Hi all,   Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!   Defence due Friday by 4pm.   I have updated my defence below based on your points Dx. Many thanks.   Would you and Andy mind having a scan over before i send off on Friday please?   Cheers in advance as always     Particulars of Claim    1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement')   2.The defendant failed to maintain the required payments and arrears began to accrue   3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant   4. Despite repeated requests for payment the sum of xxx remains due and outstanding.   And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs   Defence:   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 allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.   2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.   5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.   6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.   7. It is therefore not accepted 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 how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.
    • This Digital Edge programme is an online employability and pre-apprenticeship support programme. We aren’t going to teach you about basic […] View the full article
    • the mortgage it protects is still active is it not?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

carer's allowance versus income support


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I am trying to decide whether to claim carer's allowance or income support. I intend to become a carer for my mother who gets attendance allowance. I am 50 and claiming income based JSA. I live with my mother in a council house.

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You can claim both together (CA + IS ) and forget JSA.

 

Regards

 

Andy

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Your income support will be reduced by the carers allowance and to qualify for CA you have to provide at least 35hrs a week care, whether thats daycare or night care or both

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But you will be free of JSA and all the nonsense accompanied with it:wink:

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True Andy, i get left alone to care, not hounded to complete nonsense job applications i am not qualified for

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Your income support will be reduced by the carers allowance and to qualify for CA you have to provide at least 35hrs a week care, whether thats daycare or night care or both

 

IS is reduced by the amount of CA payable, but then a Carer Premium is added. IS as a carer is probably the "lowest hassle" way to claim an income replacement benefit. I put that in quotes because I don't want anyone to think that I'm saying it's easy to provide 35 hours per week of care for someone: I realise it is anything but. However, in terms of the number of DWP hoops that need to be jumped through, it's fairly straightforward.

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IS is reduced by the amount of CA payable, but then a Carer Premium is added. IS as a carer is probably the "lowest hassle" way to claim an income replacement benefit. I put that in quotes because I don't want anyone to think that I'm saying it's easy to provide 35 hours per week of care for someone: I realise it is anything but. However, in terms of the number of DWP hoops that need to be jumped through, it's fairly straightforward.

 

 

I'm wary of claiming carer's allowance as some information online says it can affect my mother's council tax reduction, but I don't know by how much. My mother and I are joint tenants (scotland), so we each pay half of the rent/council tax.

 

I certainly provide well over 35 hours of care a week. It wouldn't bother me to have work focused interviews as I've had hundreds of these in the past. I'm still not sure why I should claim both CA and IS if it works out the same as just claiming IS and carer's premium, unless CA has some hidden advantages.

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  • 1 month later...

Well, got the carer's allowance. It will start on 20/06/2016 paid a month in arears, so the first payment will be 11/07/2016. I am still on JSA at the moment and got a letter today saying my JSA will be £45.60 from 15/06/2016. I want to stop claiming JSA but not sure when to do it. I started a claim for IS today to start at the same time as the CA, but was told I need to wait until 19/06/2016 to claim IS. I was also told I may need to start a fresh claim for housing benefit.

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and probably council tax

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and probably council tax

 

I'm still not sure when to claim IS. Do I claim it now or wait until the carer's allowance payments start? And when should I stop my JSA claim? It seems that from 15/06/2016, they will be paying me JSA + CA + Carers premium. I don't want to be on JSA when I'm working as a carer for at least 35 p/w.

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Your potential entitlement to IS as a carer starts on the day you become entitled to CA (not the date when CA is actually paid), which looks like it will be the 20th June. You can't claim JSA and IS at the same time, so what you probably want to do is make the last day of your JSA claim the 19th June. Until then you would need to comply with JSA conditions with regard to looking for work, attending to sign etc.

 

Switching from one benefit to another can be a pain in the short term, but in your case is worth doing to take the JSA pressure off you and leave you free to care for your mother (and, of course, yourself when you can). So what I would suggest is that a few days before the 19th, tell the Jobcentre that you wish to end your JSA claim on that date and start an IS claim from the 20th. Once you've submitted your IS claim, get on to the council HB/CTR department and advise them of the change in circumstances - don't wait for the Jobcentre to tell them.

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Your potential entitlement to IS as a carer starts on the day you become entitled to CA (not the date when CA is actually paid), which looks like it will be the 20th June. You can't claim JSA and IS at the same time, so what you probably want to do is make the last day of your JSA claim the 19th June. Until then you would need to comply with JSA conditions with regard to looking for work, attending to sign etc.

 

Switching from one benefit to another can be a pain in the short term, but in your case is worth doing to take the JSA pressure off you and leave you free to care for your mother (and, of course, yourself when you can). So what I would suggest is that a few days before the 19th, tell the Jobcentre that you wish to end your JSA claim on that date and start an IS claim from the 20th. Once you've submitted your IS claim, get on to the council HB/CTR department and advise them of the change in circumstances - don't wait for the Jobcentre to tell them.

 

Thanks. On the carer's allowance form, it asked for a start date for the claim. I chose the 2nd of may, which was stupid as I should have used the date of my mother's attendance allowance award, which was in mid-april.

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Thanks. On the carer's allowance form, it asked for a start date for the claim. I chose the 2nd of may, which was stupid as I should have used the date of my mother's attendance allowance award, which was in mid-april.

 

Contact them and ask they amend the start date...3 weeks is 3 weeks extra

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Contact them and ask they amend the start date...3 weeks is 3 weeks extra

 

I'll just leave things as they are. My local jobcentre has been having major computer problems for several weeks, so no signing on and no interviews. Most staff are not there. The payments are still going through somehow. I visited my local council about my changing circumstances, and he did an advanced notice for me. He also seemed to think that my housing benefit / CT would just need a change of circumstance and no need to reapply.

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. He also seemed to think that my housing benefit / CT would just need a change of circumstance and no need to reapply.

 

This is very possible - you're just switching from one means tested benefit to another, so there should be no change in your actual entitlement.

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  • 3 weeks later...

You certainly learn by your mistakes. I just closed my JSA claim and carer's credit was backdated to the start date on my carer's allowance claim form. I didn't expect that. I should have claimed carer's allowance + IS from the date that my mother was awarded attendance allowance.

Edited by eddie the wire
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I am going to become a carer next month and the job centre adviser I got told me when my paid date for Carer's Allowance to call the number I got given on the same date to sign off JSA and go on to Income Support if not call another number to sign of if they don't do it.

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That is what I was told this week.

 

What would people on here say should I wait to date I get paid Carer's Allowance then sign off then claim Income Support on that date or sign off and claim Income Support before?

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Unless you qualify on other grounds, you cannot be paid income support until you are in receipt of carer's allowance, so you cannot claim until you know from when your carer's allowance will be paid.

RMW

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