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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Hi everyone,

 

 

I've been on ESA in the Support Group for the past 2 years and

 

 

today i received a capability for work questionnaire through the most that has to be returned within a month.

 

 

I am just wondering how long after you send the questionnaire back do you hear back from them with a possible face to face assessment date and do you still receive your normal payments while this process is going on?

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Hello, and welcome to CAG. I'm afraid I can't give you timescales (probably a matter of a few weeks to a few months) but you will continue to receive your normal payments while the WCA process is ongoing.


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Thanks for the response it's much appreciated, do normal payments continue after the assessment until the point you hear the outcome? I'm pretty worried about the whole think tbh :sad:

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Yes, until the outcome is decided (whether that is based on the ESA50 alone, or involves a face to face assessment) your regular payments should continue.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I've recently had my ESA WCA and at the end the assessor said he would be recommending i'm put in the middle group (WRAG i believe it's called).

 

Just wondering do the DWP listen to these recommendations or do they totally disregard them?

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1, there is no real "middle group" as there are only 2 groups that you can be awarded following the WCA F2F farce,

The SG (support Group) and WRAG (Work related activity ) Group,

 

2, The DWP DM will 9 times of of 10 always will side with what the so-called charlatan acting as HCP ,

unless they have made an obvious mistake,

if something isn't clear enough for the DM they may ring you for further info, but in general they usually accept what the HCP 's report over your and other evidence presented

 

But i certainly wouldn't take the assessor at their word, as it isn't their decision or so they claim,

 

 

Hopefully, for you, they will of been truthful to you,

The DWP will let you know, which could be 4-6 weeks away as an average time scale,

but it may be sooner or longer, depending on case load at the time in each area

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Thanks for the reply,

they said the group where you have to go work focused interviews etc so i'm guessing he meant WRAG.

 

 

I'm hoping it'll be truthful as well but there is so much uncertainty with the system.

 

 

Do you still receive payments while you wait for the decision as i need money for food etc?

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As long as your medical certificates remain up to date, you'll still receive payments while you wait for the decision.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I'm currently in the SG and have been for the past few years, sorry I should have said ESA reassessment.

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If you where is the SG and there's a possibility of being put in the WRAG ,

 

 

has you medical conditions improved significantly since your last assessment ?

if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements,

it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

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I'm currently in the SG and have been for the past few years, sorry I should have said ESA reassessment.

 

Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.

 

Thank you, I just want to know the outcome right now as all this waiting is making me nervous.

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If you where is the SG and there's a possibility of being put in the WRAG , has you medical conditions improved significantly since your last assessment ? if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements, it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

 

Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

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Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

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The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

 

I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

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I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

 

https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

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https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

 

When they say work experience what they really mean is slave labour :(

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When they say work experience what they really mean is slave labour :(
yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with stories about how they have helped them into work, Edited by honeybee13
Pejorative terms removed.

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yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower of crooks trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with lies about how they have helped them into work,

 

The 3 main parties all look for ways to steal money from the poorest people in order to give it to their banker friends :(

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I had a WCA just over a week ago now, is there a chance I'll hear from the DWP before this time next week? All this waiting is really affecting my nerves :sad:

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My WCA was on 03.11.2016.

 

My result was communicated to me by post on 31.01.2017. That was a 12 week wait.

 

Sorry if my response was unhelpful

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I had a WCA just over a week ago now, is there a chance I'll hear from the DWP before this time next week? All this waiting is really affecting my nerves :sad:
whilst it's entirely possible, it's probably unlikely that you will

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My WCA was on 03.11.2016.

 

My result was communicated to me by post on 31.01.2017. That was a 12 week wait.

 

Sorry if my response was unhelpful

 

Thank you, it was helpful and damn 12 weeks is a long time. You must have been going out your mind waiting for the results :(

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To be honest, I saw it as no news is good news.

 

Until the result had come through, my jobsearch had been suspended.

 

The assessor gave me 0 points and said that I was in good health.

 

Somehow my several doctors letters did not count for anything!

 

Anyway, I asked for a mandatory reconsideration on Wednesday so I have braced myself that I could be waiting up until June for a response.

 

Their guideline response time is 21 days but it is better not to set myself up for an early response.

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