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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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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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Please do not ask me for advice via PM as I will not reply.

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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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