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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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hunterandthehunted

Esa contribution based for couples

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hi everyone,

 

hoping somebody is able to assist me as my partner and i are getting increasingly confused as to what we are entitled to. i have been on several benefit sites but seem to get lots of conflicting information.

 

i was medically retired in 2015 and receive a small pension of £375 a month along with £107 contribution based esa (support group) per week. i know the esa i receive is a little less because of my pension earnings.

 

my partner is also medically retired (with no pension) and she also claims contribution based esa (support group) and she receives £109 per week along with an enhancement rate of £15. she also receives pip standard living rate of £55 per week and as we have a teenage child has also been claiming child tax credit at the rate of £62 per week.

 

this has now been stopped and she has been informed that she has to pay back over £3000 of overpayments as this was claimed at the single rate as oppose to being claimed as a couple although we are allowed to claim esa separately.

 

we also have a mortgage and as far as i am aware cannot get any help as we are in receipt of contribution based benefits as oppose to income related.

Edited by hunterandthehunted
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regards

hunterandthehunted

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Is the £15 your wife receives the Disability Income Guarantee?

 

If it is then this is the problem, this is only paid as part of Income Related ESA (for you both as a couple) and based on your other incomes this should not have been payable.

 

To be paid ESA(IR) your wife would have had to have either completed the income section on the ESA1 when she initially applied for ESA or an ESA3 at some later.

 

Both of these deal with household income and assets,

so either she left you off of the form in which case the monies are recoverable or she didn't and this is the DWP's error.

 

You need to see if you have copies of these forms.

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hi and thanks for your reply,

 

we are both claiming CB ESA and as far as i am aware we didn't have to claim as a couple.


regards

hunterandthehunted

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You said she is receiving an "enhancement rate of £15" what is this labelled as on her last entitlement letter?

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yes that is correct. it is labelled as disability income gaurentee which she has always received. does this cancel out the contribution part and turn the claim

into income related as her latest award notice does not actually state that she is getting contribution based on the workings out page.

however it is stated that she will receive the £10 xmas bonus and that her NI contribution will still be paid.


regards

hunterandthehunted

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the Disability Income Guarantee is only paid as part of Income Related ESA, so your wife must be receiving ESA(CB) with an ESA(IR) top-up.

 

However, ESA(IR) is paid to a couple and based on your original post your other income would not allow any ESA(IR) to be paid, so the only way that it is, is if your wife is being paid as a single person so that you pensions, etc. are not considered, this is confirmed by the fact that she is receiving the single person rates for ESA(IR) and not the couple rates.

 

ESA(IR) is only paid after the claimant has declared their household income and savings (there are other considerations but they are not relevant). So either she failed to declare you, which is bad, or she did declare you and the DWP have not processed the information.

 

She will have either made the declaration on an ESA1 when she made her claim for ESA or on an ESA3 if the claim for ESA(IR) was made after the claim started. You need to find this information to see what was recorded on the form.

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Yes you can both claim ESA(CB) as individuals, but the point is that in addition to her ESA(CB) your wife is claiming ESA(IR) as a s single person and she cannot do that as she is part of a couple.

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well jobcentre plus are aware of our situation so they must of made a mistake... so how much should we actually be getting?

 

we are both in the support group and claim contribution based.


regards

hunterandthehunted

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If the DWP are claiming back £3000 then they obviously don't know about your situation!

 

So as I have said before, if your wife notified them that she is part of a couple then you need to prove that this happened.

 

You should both receive £109.65/week for you ESA, your wife's will almost certainly be reduced to recover the over payment unless you can overturn the Decision.

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