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    • Hi All, PRA Group are chasing an old Barclaycard unpaid from 4 years ago. They are threatening court action - CCJ unless I respond before last Saturday. Which I did not. I'm unsure but reckon the Barclaycard was applied for about 30 years ago. What's the best next step approach ? Best, P.       
    • Can you please also have a look at points 20-27? The sent me a remediation pack with not only statements but sums of arrears they haven't sent for 2 years, so I didn't know I was in arrears. Then they defaulted me after they apologised for their cca breach. I truly didn't understand what that pack was about. I thought it was some kind of a mistake they will make right later as SLC used to do this. Genuinely I thought that but I don't know if that's an OK defence?  
    • Thank you for posting the full sar.  So they definitely did place the PCN on your vehicle only to remove it 10 minutes later apparently because of a possible problem with the driver which seems highly unlikely [the reason for the PCN removal ]. Did the driver even see the warden at all while they were photographing the car . They did take several pictures spread over 12 minutes or so using a flash so the driver would have seen the car being photographed had they been there.   Very strange. You said that you had an onboard camera -are you able to go back and see what happened? Was the warden wearing UKPC clothing? In any event that PCN has not complied with the Protection of Freedoms Act 2012 Schedule 4.  That should be a Notice to Driver and the follow up PCN should not be sent until 28 days AFTER the day the first PCN  was given were it a postal PCN. Instead the knuckleheads have issued the follow up PCN on the 28th day of their dodgy first PCN and so totally blowing all their machinations to get over the fact that  the windscreen ticket wasn't a windscreen ticket. In neither case, even if they had been sent properly, they were non compliant. neither of them showed the period of parking which is specified in the Act. Both just show a time of issue at 20.02 but no end period. Their  "mistake" in not giving 29 days  before issuing their keeper Liability notice, makes the PCN more than just non compliant. It means that the PCN was unlawful and probably deliberate as had UKPC waited until the correct time to send that Notice, it would have delayed it until the Monday. And as they probably knew that had not received the original windscreen PCN perhaps they thought it better to rewrite the Law. Part of that is conjecture but the basic fact is correct-the Notice was unlawful. And for that there should be repercussions. My first thought was the ICO but  as it isn't really a breach of data protection it goes higher than that. Perhaps the Site Team would know. I did look at the Legal Ombudsman but they are for complaints against lawyers.  I cannot imagine a decent lawyer even countenancing such a thing though were are dealing with third rate ones when involved with some parking companies.   For reference PoFA Schedule 4 S8 and S9 [2][f] f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— Their PCN dated 12/04/24 states "as 28 days have now elapsed since the Notice to Keeper was given, Parking Control management [UK] Ltd. [the creditor] are now able ...........to recover the unpaid parking charge from......... the registered keeper. The original PCN was marked by them as being deemed delivered 15/03/2024 so 28 days +1 =13/04/24. Their letter was sent one day early which means they altered or ignored the law . I have never seen that "error" on any other Notice from any of the parking companies. As the Member did not receive the original PCN which was originally a Windscreen ticket but they then changed it to a postal one for some fanciful reason the whole scenario reeks of skullduggery. I am going to ask again from Hamz why their warden might have felt scared about a confrontation with the driver but even if there was a chance the PCN was placed on the windscreen and not removed for around a minute but pictures had already been taken so why remove it? And then why produce a brand new keeper Liability Notice the like of which I have not seen before.  
    • You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday   Example   Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement in response to the claimants application It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond. I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.  Background Insert your pars here   Defendants Response to claimants claim/ Application Insert your points here  Conclusion Insert your points here but finish with the following. 16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)     Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed:  Print Name: Dated:
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Me and My Various Benefit Claims and issues


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Hi question guys,

 

I've been claiming housing benefit since last year, all has been normal up until recently. JSA basically had my wrong address on their system for ages now Leeds council have suspended my claim asking for statements from the last year (when I moved in basically). They seem to think I've been committing benefit fraud because jsa screwed up.

 

Now I'm worried having to supply such a LARGE volume of statements. To make it clear I have not been working or earning anything.

 

However.... I have had income coming into my account, not regularly but very occasionally I had a large sum of money I borrowed off my mom to pay a friend back (£2000). Purely the money that came in was from a family member and any money that was outgoing (Aside from bills) was too the friend that I owed.

 

Then there were something like 3-4 payments of £50 from my mum helping me out because I was very low on money (life saver).

 

now what will Leeds council say when they see this? I'm worried they will try and say I've received an income and cut my housing benefit / order me to pay some back when genuinely none of that money has gone into my own pocket only in and out. If that happens I am totally screwed. My account is literally almost empty now because I haven't received payments while my claim has been suspended.

 

So what is classed as income?

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If they raise any queries, then you would simply ask your Mum to provide a letter advising that it was a gift/loan.

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If they raise any queries, then you would simply ask your Mum to provide a letter advising that it was a gift/loan.

 

That's what I was thinking, it's all clear on my statements who it's come from no income from anywhere aside my mum (which is says her name on the statement), and then payments out to the friend I had debt with. That is it.

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Just wondering what all of you are thinking about UC?

 

From the start I have not believe one bit of **** talking by the government claiming UC was to "make things simpler, to save money, to make the process more streamlined and pay job seekers monthly like a real job"

 

I believe those are all just outrights lies and there is more to this system than they are letting on, such as bringing in part time workers under JSA sanction regimes and trying to put them onto workfare.

 

Also post any links to useful information about UC.

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Duncan smith has gone very quiet since the introduction of Universal Credit

 

Do we have any updates yet on the sucess or failure of this program

 

Or will the usual "Teething Problems" be blamed again?

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Digital by default was dropped recently. I've read that no-one at all claimed UC on the first day it was made available in one sole JC+. The idea it'll be ready to be rolled out anywhere by October is manifest nonsense. I don't think it'll happen, it's a half-baked idea that's served its purpose in that it briefly got IDS into the headlines as The Great Reformer and he can always blame the Treasury not stumping up the necessary funding for its complete collapse.

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Digital by default was dropped recently. I've read that no-one at all claimed UC on the first day it was made available in one sole JC+. The idea it'll be ready to be rolled out anywhere by October is manifest nonsense. I don't think it'll happen, it's a half-baked idea that's served its purpose in that it briefly got IDS into the headlines as The Great Reformer and he can always blame the Treasury not stumping up the necessary funding for its complete collapse.

 

I really hope you are right and it does not get implemented.

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UC will cost jobs if it's implemented, feedback from directors of small companies that employ a couple of staff have said some will go back to being sole traders because of the live link with HMRC (if that ever works, which is doubtful), the cost implications of spending time inputting data for the tax man makes the whole thing impractical.

 

Digital by default might be a snappy title, but the practicalities of getting such a system up and running are overwhelmingly difficult, IDS knows this however the man is in denial as usual. Notwithstanding the large percentage of 'customers' that either don't have or can't use a computer.

 

The PCS union is up in arms at the prospect of up to 40% of their own workforce facing sanctions by their own colleagues under UC, they might get listened to unlike the hordes of JSA claimants consigned to weeks of sanctions over petty rule breaking.

 

 

Calling UC a train-wreck would be an understatement.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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How many self employed people are now going to have to give up their jobs because they don't earn enough?

 

In theory, it is a good idea to simplify the benefits system; but I don't like the way this is going.

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How many self employed people are now going to have to give up their jobs because they don't earn enough?

 

In theory, it is a good idea to simplify the benefits system; but I don't like the way this is going.

 

 

Hopefully, once my business plan is signed off, I'll be eligible for NEA at beginning of next month ............... Hope I get a chance to develop my self-employment before I have to give to up cos I can't earn enough money!!!

 

Imp :-)

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NEA Hmm I've been following a thread about that on the MSE forum, if the experiences posted there are anything to go by the scheme is not all it's cracked up to be.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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It can't get implemented, it doesn't exist! It's ust a lot of ideas strung together with no thought given to how they might work in practice.

 

Oh It'll get implemented alright. IDS/Cameron won't won't to loose face If It's doesn't. The whole things gone too far now in the planning stages to say nothing of the massive amount of the publics cash that they've squandered on it so far and so ready or not they're going to role it out.

 

Probably slower then planned, but it will go out.

 

It's just the poor sods who will have to use it that will suffer. The whole idea is just appalling. :(

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Just wondering what all of you are thinking about UC?

As you can expect on this forum, we love it.

"Ask not what your country can do for you, ask what you can do for Poundland"

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what I think of UC:

 

The idea of having a single benefit is a good idea - unfortunately, that isn't what UC is, other benefits still need to be claimed separately.

 

The idea of a digital by default system with live link ups between employers and the HMRC - the government couldn't even get an integrated NHS computer system up and running, which is a simpler proposition than the IT requirements of fully functional UC.

 

Like PIP, I believe UC to be a way to reduce benefits under cover of 'improving the system' - it hits self employed, some carers and some of the disabled pretty badly, puts pressure on part timers to work more hours and disadvantages those with poor or absent IT skills, it sets in place unpleasant conditionalities on entitlement.

 

Oh, deja vu, I think I've posted something like this before....or maybe said it to someone...I dunno, seriously out of it today.

Edited by estellyn

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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  • 3 weeks later...

Hi,

 

Quick question to all of you who have had the wonderful experience of being bullied to register on this website I've got some points that need clearing up.

 

I went into JSA today and saw a different advisor, normally they don't mention anything about my job search or universal job match. Today I was told by a different advisor randomly I need to broaden my job search to apply for any jobs as I've been on JSA a while including any jobs I can find like cleaning etc. Now I'm not trying to be an ass here and pretend I'm too good for anything however the jobs I'm applying for are what I have experience in sales/admin etc. so I'm not about to just randomly apply for a job firstly I have no experience in and I don't even want to do...

 

I'm under the impression you only have to apply for jobs listed on your jobseekers agreement and apply x times a week. I was then told oh you have to sign up for universal job match too and tick the boxes to give us access to your account (now I'm aware you DON'T have to give them access to your account) but of course she makes no mention of this. Seems the DWP are starting to play dirty tactics not telling you things are not mandatory. Am I wrong here? The letter even says "it is PREFERABLE if you give us access to your UJ account" I don't see mandatory anywhere... basically all I've been doing is using a job journal as normal writing company name I applied for and position and it's been fine with my other advisor.

 

So how have you guys handled this? I have good social acuity so I usually just talk my way out of situations and bull**** they feed me and I'm too aware to fall for their crapp, ingeus tried the same thing making me sign a data protection waiver.

 

I feel bad for people who are less clued up and fall for these underhanded tactics...

 

Generally UJ isn't really that big of a deal in the grand scheme of things, however in my life having a basic understanding of legal rights I NEVER EVER sign anything or agree to anything I don't need too and to be honest it's a very good rule of thumb. Even if whatever it is I'm signing may be harmless.

 

Edit: Also just noticed the massive UJ thread, stupid me not keeping an eye out, however my questions are pretty specific so it'd be good to get some tailored responses.

 

Thanks

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In the beginning, I had a fairly open JSAg, but limited the available hours to Mon-Sat 9:00AM-6:00PM and stated "Could not work with chemicals, food, or children/public for medical reasons". Never divulged the "medical reason", but it kept me away from having to apply for any cleaning jobs - On the one occasion one was pointed out, I asked about chemicals exposure risk, and the vacancy was quietly dropped.

 

Quite how this would work in the current stricter compliance regime being imposed by the DWP, I'm not sure. But it may be worth going back to your JSAg and renegotiating it if you can.

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In the beginning, I had a fairly open JSAg, but limited the available hours to Mon-Sat 9:00AM-6:00PM and stated "Could not work with chemicals, food, or children/public for medical reasons". Never divulged the "medical reason", but it kept me away from having to apply for any cleaning jobs - On the one occasion one was pointed out, I asked about chemicals exposure risk, and the vacancy was quietly dropped.

 

Quite how this would work in the current stricter compliance regime being imposed by the DWP, I'm not sure. But it may be worth going back to your JSAg and renegotiating it if you can.

 

Yeah seems they are getting really strict, but I'm unsure how it's really going to help anyone anyway.... also the tactics of not informing claimants is really bad. I can't quite believe this is a government department and it's a total shambles, ingeus are no better saying that though.

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Once you have been claiming for a period of 6 months you are expected to open your job search further and look at other types of employment, once you get to work program then yes you are required to apply for any vacancy that you are qualified and capable of doing.

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Once you have been claiming for a period of 6 months you are expected to open your job search further and look at other types of employment, once you get to work program then yes you are required to apply for any vacancy that you are qualified and capable of doing.

 

What form does that information take? I have only ever been following my job seekers agreement, and no other advisor has ever said anything aside this one. I mean I may be back to my usual advisor next week so it'll be interesting to see what she says.

 

Ingeus also never made me just apply for anything.

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  • 2 months later...

I've recently moved JSA offices due to moving house and have been assigned a new advisor. I don't feel particularly comfortable dealing with her as she seems to get personally involved and throws sanctions threats around willy nilly rather then actually helping me.

 

I was recently made to go on a ''opportunity'' as she put it with capita in which they interview for a place and if you pass they train you for a few weeks and offer you a job interview at the end. She told me it was mandatory to attend which I later found out was not. On the following advisor meeting she told me I did not get a place resulting in her getting really ****ed off and threatening me with more sanctions, saying she would investigate it further with the interviewers acting as if messed up the interview on purpose or something.

 

She also lied and tried to force me to sign up to UJM and told me I could be sanctioned if I didn't give her access.... which of course was a total lie. She's just getting worse as well and seems determined to sanction me for no reason?

 

I always bring in evidence I've applied for jobs print off of emails etc. But she purposely on the spot constantly and makes me feel uncomfortable for no reason.

 

Has anyone had any similar experiences? also is it possible to change JSA advisors and how would I do it?

 

Or any further advice on what to do such as writing a letter of complaint or something?

 

Thanks

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my personal experience is all these advisers are like that,you could try complaining but chances are the next one would be as bad,just go along with her

 

I've had other advisors before in fact a few different ones and NONE of them have been like this at all. She was off sick the other week as well and I had a different advisor then again and they were totally fine.

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