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    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####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 particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
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frankiemoo12

compliance interview (allegation someone else is living with me??)

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Totally agree... it's just an informal interview. Anything you can provide which backs up what you have said here will help.

 

Thank you for popping back, SL. :)

 

HB


Illegitimi non carborundum

 

 

 

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Should I inform the baby's dad an allegations been made? Will he be called in? Would it look good if I provided documents from him To prove his address etc?

 

If he has his own address & you can provide that then that will be fine. At the interview you could offer to get a letter from him confirming that he lives elsewhere.

 

Try not to worry too much: most compliance officers are nice people. Sometimes they realise that you are not claiming all the benefits that you are entitled to.

 

Good luck with it - and your pregnancy x

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I went today and they says they tried to contact everyone who had appt today as the officer was off sick, they took my updated telephone number and someone will call to rearrange they said the two officers on today couldn't see me, is it wishful thinking they will forget if only that was the case.

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Sadly not, a new appt will be made


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It's been a week and had no contact from them will they leave it now till after xmas?

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It's been a week and had no contact from them will they leave it now till after xmas?

 

Highly likely. Or you could ring and explain that you want to get it over with and they might slot you in.


Please do not ask me for advice via PM as I will not reply.

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Hi ,

 

I've noticed many people saying how Lovelly the compliance officer was ,me included , I recorded my interview they were harassing me and on one phone call she said that it was about how I had been claiming severe disablement allowance and I should not have had it because I live with my carer ,

 

But when I went it was really about was I with my carer as in a relationship (it's my cousin 2nd cousin and not to mention he's 20 years younger than me !!) ,

 

She was very polite and very understanding about how I was disgusted about them even thinking that we would be together , at the beginning of the interview when I asked if it was about me claiming SDA and she said "we will get to that bit now" ,

 

Only after her asking loads of questions about me and my carer she finished up and I told her everything , she could see it was the truth ,

 

So at the end she said thats all done and got up so I said what about the SDA and she said "oh dont worry about that all that's sorted" ????

 

When I showed my cousin the recording which the officer I seen said that my cousin was asked the same questions ,

 

But my cousin was outraged he said he wasn't asked about that they asked him if he had been working 100 miles away and said sorry it must be the wrong person and kept asking strange questions like "do you wash your cousin in the bath?" And then "so how many hours do you work"??

 

So both interviews were really about if me and him were a couple , it's shocking to see the lengths they go to , If they had just been honest and said in the 1st place instead of wasting government money

 

By asking my cousin in first and lieing saying they have records he's working (which they said sorry our mistake) ,

 

And then have me go in they had even stopped my money until I went in , my money still doesn't go in like normal

 

Take today for instance my money was due in yesterday yet I'm waiting after 2 phone calls to them for them to ring me to do a faster paymemt , when i rang them it says on there screens it says "clerical error" !

 

So don't be fooled by them being nice with you its just a ploy cos they think your cheating the system , like you have stated you are innocent so you have nothing to worry about you just have to answer questions they fill out the form and that's it

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I had my interview yesterday as there was an alegation made that someone was living with me and they wanted details of my property I own.

 

As I had moved out the property in 2014 due to possible repossession and moved to a council property they were questioning if I ever let anyone stay there and receive rent

 

I let a friend stay there but never received any money, cut a long story short I am bk living there and the officer kept asking me so u haven't received any money for ur friend staying there while it was empty I says no, then at the very end she says an alegation had been made someone was living with u are ur previous a dress which is untrue then she asked is anyone living with me now again answered no,

 

at the end of the interview she said that this may not be the end of the matter and if anyone stays with me I must inform them even if it's for a night, she advised that she would pass on my statement to the council???? As she says if I did receive any money while friend stayed then I would have been receiving housing benefit when I shouldn't and she needs to forward the statement to council?

 

Is this the case? I thought it went to a decision maker with dwp??also at the very end she advised that I could get help with my mortgage and she would send me a form?

 

What is the procedure for after an interview????

Edited by honeybee13
Paras.

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Threads merged for continuity.

 

I've popped a few paragraphs into your last post, maybe if it's easier to read you'll get some more answers. :)

 

HB


Illegitimi non carborundum

 

 

 

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