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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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Osris

Can you still be sanctioned if you are on hardship payments?

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Hi, I’m new here.

 

Can anyone answer these questions?

 

1) Is all your JSA stopped when you are sanctioned, or is only a percentage of it stopped?

 

2) If after being sanctioned you go on hardship payments, do you still have to be available for work?

 

3) And if you do still have to be available for work, can you be further sanctioned while on hardship payments?

 

I’ve just started getting JSA and have not been sanctioned, but the above questions have occurred to me.

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1) Is all your JSA stopped when you are sanctioned, or is only a percentage of it stopped? All then a Percentage

 

2) If after being sanctioned you go on hardship payments, do you still have to be available for work? Yes

 

3) And if you do still have to be available for work, can you be further sanctioned while on hardship payments? Yes

 

You can also receive multiple sanctions which then make it even more difficult to sustain job searching efforts thus ensuring your trapped in the system.

 

So do not get a sanction is my best advice, if you do, fight it even if you think you might lose, you might be surprised, record every conversation if you can.

 

Sad times indeed when folk have to know how to protect themselves and survive a punitive benefit system that is supposed to be a safety net, a safety net they have contributed towards.

 

Why do folk still support MPs that support these abusive practices, does the whole electorate really believe the lies that all this is for the benefit of the nation, really ?

 

People are dying of cold,hunger, depression is now the norm and the biggest killer of men 45 years and younger in the UK is suicide.

 

Are we a nation of self harmer's ? is this why we sit back tut and carry on with our lives ?

 

Rant over off topic sorry.

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Thanks for your reply. Can you explain your answer to question one a bit more? Are you saying it is all stopped or just a percentage—surely it can’t be both?

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Sorry to confuse,

for the first 2 weeks you will lose the whole amount.

 

Then you a get reduced amount called hardship payments.

 

Unless you or your family are considered vulnerable

(e.g. you’re pregnant, sick or looking after children)

you should be able to get a hardship payment in place of your next benefit payment.

 

Otherwise you’ll have to wait for two weeks.

 

if you’re on JSA or ESA you do not have to pay back the hardship payment but you will have to pay it back if you’re on Universal Credit.

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Do you get hardship payments automatically after the two week period or do you have to apply for them?

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Do you get hardship payments automatically after the two week period or do you have to apply for them?

 

You have to apply for them.

 

Why were you sanctioned ? Have you asked for mandatory reconsideration ? Go to Gov.uk, how to challenge a benefit decision and think about grounds. Was the sanction fair based on the information DWP had to apply the sanction?


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I've not been sanctioned, but wanted to know in case I ever am.

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I've not been sanctioned, but wanted to know in case I ever am.

 

Very wise thing to do, but more impotently is understanding how to avoid receiving a sanction in the first place.

 

Do not let those who think they can run you ragged get a grip on your life or once you are caught up in the DWP circus finding real sustainable work will slowly evaporate as you spend the majority of you're time ticking boxes for them and wasting valuable time and energy trying to fill your unrealistic quota of a million job application per fortnight.

 

Useless courses and schemes will follow and the endless phone calls, emails and remote control pressure if you agree to open a universal job match account.

 

Tips:

Record everything secretly if possible it is lawful to do so.

 

Refuse to open a Universal jobmatch you do not give your consent for a work coach to gain access nor do you agree to the behaviour policy

 

Ask for you your telephone and email address to be removed from their and partner systems. consent

 

Make sure you negotiate your claimant commitment taking your circumstances into account, never agree to applying for X jobs per week.

 

Anything you are asked to do that you would rather not then it needs to be in writing in the correct format as a Jobseekers direction or mandatory notification.

Be mindful they will produce a fake letter at times in the hope you will cave in, make sure it is the correct format.

 

And also to be considered actively seeking work and fulfilling your work search requirements 3 step per week is the law, less in some circumstances, you do not have to do any or all the steps outlined in your claimant commitment.

 

A step could be looking in shop window, asking family and friends, speculative phone calls and speculative applications.

 

Those steps are not possible to evidence unless you make a log of when and where, they should accept your uncorroborated evidence unless it is contradictory or highly improbable.

 

If you account for steps that can be evidenced such as responses to applications etc make sure you can provide screenshots if a doubt is raised, only when a doubt is raised will evidence be required.

 

Tell them as little as possible to be considered actively seeking employment anything else is your business.

 

You may have to keep reminding your work coach your on JSA not universal credit !

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While the above post may be correct it wouldn't necessarily stop them from sanctioning you - and then you would have to go through the trouble of getting it overturned. If they won't do this within their own process this could mean tribunal.

 

I think it's generally pretty bad advice to make their life difficult for the sake of it when you've just started claiming.

 

In terms of hardship there's no guarantee you would be granted them, you have to apply constantly and they will ask a lot of personal things. As mentioned above you are not excused from anything while sanctioned and it would all just escalate if you did not do things.

 

A lot will depend on your work coach. Try to have a decent relationship with them. Go to your appointments, record some job search (even if it's on paper) and discuss what you are doing to look for work with them. You can go a long way to preventing them trying to get you to do things if you instead tell them what you are planning to do each week. You will also make their job far easier and they will like you. Generally just be the good customer.

 

I'm assuming here you do want a job and just want to avoid as much hassle as possible - above is the safest way. They should have no reason to look at things any closer for a good while.

Edited by dexev

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While the above post may be correct it wouldn't necessarily stop them from sanctioning you - and then you would have to go through the trouble of getting it overturned. If they won't do this within their own process this could mean tribunal.

 

I think it's generally pretty bad advice to make their life difficult for the sake of it when you've just started claiming.

 

In terms of hardship there's no guarantee you would be granted them, you have to apply constantly and they will ask a lot of personal things. As mentioned above you are not excused from anything while sanctioned and it would all just escalate if you did not do things.

 

A lot will depend on your work coach. Try to have a decent relationship with them. Go to your appointments, record some job search (even if it's on paper) and discuss what you are doing to look for work with them. You can go a long way to preventing them trying to get you to do things if you instead tell them what you are planning to do each week. You will also make their job far easier and they will like you. Generally just be the good customer.

 

I'm assuming here you do want a job and just want to avoid as much hassle as possible - above is the safest way. They should have no reason to look at things any closer for a good while.

If you think telling your work coach how many thousands of hoops you jump through each week to find employment will make them back off your very much deluded.

 

I see people who take the same approach you outline and find themselves on work experience, sector based work academies, useless schemes and courses, volunteering, universal jobmatch and no peace whatsoever.

 

And generally it is those who get doubts raised when the hundred applications they proudly show are brought into question, everything is geared towards sanctioning folk not helping.

 

Who cares if they like you or not, why should that matter, you say roll over and accept whatever they throw at you, so you make their job easier ?

 

And then what would you advise if you do have an issue ? your either too gripped with fear to stand up for yourself assuming they can make life more difficult for you, or you have dug yourself so deep there is no getting out.

 

The state is waging a war on the vulnerable,disadvantaged,ill,disabled and working classes and you propose surrender !!!

 

 

Rights are there to be used not ignored.

 

Yes it takes some fighting when you come across ignorant poorly trained work coaches whose sole duty is secure off flow payments by any means at their disposal. But rather that than the alternative.

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Thanks for all your replies.

 

The whole thing seems needlessly complex. Presumably to act as a disincentive for people to want to claim JSA or to make them want to voluntary stop claiming it and move back in with their parents if they are young enough to do so.

 

I’ve just come across a thing called Sector Based Work Academies. What are they? Are they like the notorious Work Programmes of a few years ago?

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