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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. 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.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, 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 credit Act 1974.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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been on middle rate dla since 1994

received letter stating my dla was to be stopped unless I rang a number,

turned out to be pip

 

was told in no uncertain manner if I didn't do a t/phone interview they would stop my dla much the same as others having read pip item in forum.

 

received form to fill in

40 pages none of which (except 2) allude to my disabilities,

 

the last time I saw a form like this was an atos fitness to work form,

 

when I asked the lady who did the t/phone interview if she /they would be obtaing my records from dla she said no we don't need them

 

Now I wonder apart from putting extra sheets in explain grande mall seizures alcoholism depression high blood pressure and copd and will they accept them

 

I always thought that dla was a benefit to help wheras pip it seems is just another way to get people back to work.

 

advice on how to inform the powers that be of my disabilities and the financial costs and personal cost or does that not matter any more

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Well they do look at old DLA forms

As they contacted my neighbours old copd specialist who'd since retired

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Your best bet is to do your research - there is ample information available on this and other sites regarding the criteria for PIP and completing the forms, which absolutely must be done thoroughly. If you have specific questions then come back here and ask.

 

Be aware that many, if not most, of the posts/information will be from people who have been refused benefit since they are usually the ones needing help, but whilst PIP is certainly much harder to get than DLA it isn't impossible to get the right award at the first attempt.

RMW

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

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You can request that if the information is still held at DLA then can it be copied for the purposes of PIP,

just need to consider if the information is still valid at this point after that many years as many conditions change as well as medications and treatments.

 

If you have any evidence that is more recent then it is advisable to send that along with the PIP2 application form.

 

It is not impossible to get PIP awarded

however it is harder as it is decided on how your conditions affect your daily living and mobility issues and is based on a medical assessment whether it is face to face or paper based.

 

With your conditions if you have specialist input or support then try and obtain a letter from the specialist to advise how your condition affects you day to day.

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There is no legal obligation to do telephone interviews..

 

But if you don't you risk having your claim refused as they're really bad at sending out paper claim forms and/or they always go missing in the post ....

RMW

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

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But if you don't you risk having your claim refused as they're really bad at sending out paper claim forms and/or they always go missing in the post ....

 

I hear what you say but it may not be possible for some people to use the phone for disability reasons..

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the forms have a return date on them

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

forms back before due date by recorded delivery today received apt with atos 2 weeks hence have contacted health proffesionals bwho will verify my med condition none have been contacted todate, is this another atos whitewash

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They rarely or never actually contact anyone, even in cases where the rules say they must, such as for very vulnerable claimants with potential for self-harm.

 

As with the forms,

there's plenty of advice online regarding the content of the assessment and the type of questions you may be asked,

including those that appear to be designed to trip you up.

 

 

Example - do you do your own shopping

- response could be yes,

in which case it will be assumed that you can walk around an average supermarket with no problems.

 

 

A response of 'yes, but ...' may well be curtailed before any further information

such as you do your own shopping online only is given,

or you use the supermarket's wheelchair to get around

or indeed anything that might make you eligible for benefit.

 

 

I have seen advice that it's best to avoid yes or no answers altogether,

and in the example above answer something like 'I use a wheelchair to get around' or 'I only shop online'.

RMW

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

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There is no facility for PIP assessments to be audio recorded as with ESA. If you want to record officially you will have to have suitable equipment (dual recording on to tape or CD) and get permission in advance. If, like most claimants, you do not have access to such equipment your only option will be to record covertly, however if you are discovered doing so the assessment is likely to be terminated and may lead to benefit being denied on grounds of 'failing to participate in the assessment'.

If you succeed in making a covert recording, there is no guarantee it will be accepted if reconsideration or appeal is necessary. One suggestion I have repeated previously is to have a mobile obviously recording which you can switch off with suitable apologies when it is noticed, and one or more back up devices recording from, e.g. a pocket.

RMW

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

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  • 2 weeks later...

well its 2 days to pip assessment have read an awful lot from what I can see and what has happened or should I say has not happened ie. gp cardiologist, neurologist or respitory consultant none have been contacted, I wonder is this just another "on paper" atos assessment and the decision already made at dwp.

ive had experience with atos before, 5 years ago income support medical, it was a farce had to go to tribunal, is the hcp allowed to examine ie. take bp listen to chest or are they still not allowed to touch.

I think its going to be another tribunal

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Full details of what HCPs are/are not allowed to do are in here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf.

 

 

DWP will not have made a decision yet and it is perfectly normal for none of your consultants to have been contacted

- obtaining reports from consultants is expensive and rarely of use in determining what you can or cannot do in daily life since exactly the same condition(s) can affect different people in vastly different ways

 

Good luck, but do remember that, in general, the only people who post about their experience have not been awarded the benefit which they expected.

 

 

This is not to suggest that there is any guarantee that the report from ATOS will be fair or accurate,

my own experience is that they are based on assumptions which are flawed even if they were in any way true.

That said, I was awarded enhanced rate of both components of PIP at the first attempt though in some respects for entirely the wrong reasons!

RMW

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

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had pip assessment this am

 

 

it was a strange affair haven't got a clue who did it or company he was from he never told me not wearing a badge all I know he said he was a paramedic and didn't work for atos, never looked at me except when I queried why I was there he just sat at his laptop typing not making any visual eye to eye contact.

 

at the end of the interview he said "that's it all done"

youll get a letter from dwp in about 4 to 6 weeks with the level of yperience exour benefit and then you will have to be rechecked every 3 years.

 

was this a spoof was I dreaming no that's what happened any body else had this

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Did you not get a letter with an appointment?

 

Could it be Capita?

 

I am assuming you were at home.

 

Did they ask you for ID.

Any opinion I give is from personal experience .

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i wasn't at home and they did ask for id even the "young lady" who took that had no form of badge or anything it was in county durham in a room in bannantynes gym with physio world on it

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  • 3 weeks later...

got letter from dwp basically said got all info now don't contact us well contact you, this is 3 weeks after atos. I asked for all info held by them they said it had been requested from case manager 5 weeks ago still waiting.

the info they claim to have has not come from med profs on my list on the form I filled in at the start of October today none have been contacted so I suppose its all down to atos or whoever it was

I suppose its its just wait and see but ill bet I get a decision before my next payment is due

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Based on what you say I would be hopeful that your claim will be approved. The inference that they are waiting for info from med profs may just be a lie and it's simply that ATOS and/or the DWP Decision Maker are a bit behind with their workload.

 

Out of interest was your claim related to mental health issues and if so, it would be helpful to hear just what questions you were asked at the interview.

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Try not to worry

The left hand at the dip does not know what the right hand is doing i'm afraid. All you can do is wait and see and when you get a decision , decide, what if any action you will take next.

 

It really is a bit mad I know - just a case of wait and see

 

As for your SAR request, the call handler will have no idea of what stage it is at- for all they know it might be waiting for 1 piece of paper and may be with you in days, remember they have 40 days to get it to you from receipt of a proper DWP SAR request

Any opinion I give is from personal experience .

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