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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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Kaily

Savings have gone over £6000

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Hi

I am on ESA and PIP. My savings have just gone over the £6000 threshold in the last couple of months.

Is it best to phone DWP or should I write to them please?

This is causing me great anxiety as I feel like I have done something wrong. I am very thrifty so hardly spend any money preferring to save it as it makes me feel safe to know it is in the bank. I am a very insecure person with lots of struggles with mental health searching for some sort of security.

Please advise-thank you.

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If you have saving over £6,000 then the amount that you get starts to go down until you reach £16,000 whereby you will not receive any benefit.

 

 

Your income and savings

 

Your income may affect your income-related or contribution-based ESA. Income can include:

 

you and your partner’s income

 

savings over £6,000

 

pension income

 

You won’t qualify for income-related ESA if you have savings over £16,000.

 

https://www.gov.uk/employment-support-allowance/eligibility

 

Andy


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Thanks Andy.

Should I phone DWP or just send them a letter?

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Phone call will suffice.......but could you not spend and treat yourself.....new furniture or UHD TV ? :-)


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Phone call will suffice.......but could you not spend and treat yourself.....new furniture or UHD TV ? :-)

 

Thanks again.

 

I am concerned that at a later date they might ask why I spent it-dispersal of funds or something. Just don't know what is allowed and whats not.

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They have no control on your spending nor is it any of their business...as along as your below the threshold.


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PIP is given for you to spend on whatever will help YOU. You may need to replace your car so that you can get out and about, or spend money on taxi's. You may want to get some help in to clean your house for you or look after your garden. Have a new bathroom fitted to make your life easier. You may need to buy a new bed, TV, cooker, washing machine etc. I would take out £500 each time you are getting near the £6,000 so that you have cash available to be able to treat yourself whenever you want to.

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They have no control on your spending nor is it any of their business...as along as your below the threshold.

 

Kind of. I mean, obviously they can't stop you spending your own money as you see fit, but there is potentially an issue of Deprivation of Capital to consider. Basically, a claimant has deprived themselves of capital if they knowingly spend money on non-essential items with the intention of securing or increasing benefit entitlement. If the DWP decides that this applies, they will treat you as if you still have the money when working out your payments.

 

Each case is treated on its merits, so it's not possible to give a comprehensive list of what is or isn't acceptable. Generally speaking repairs or replacements for old cars, furniture or household repairs would be OK. Paying off overdue debt is also OK, but probably not paying debt off early.

 

Deprivation is a consideration for ESA only, PIP is not affected by capital at all. If the capital is a result of benefit payments being saved, it can be disregarded for 52 weeks.


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Deprivation is a consideration for ESA only, PIP is not affected by capital at all. If the capital is a result of benefit payments being saved, it can be disregarded for 52 weeks.

 

Thanks for the replies.

The money is from benefit payments being saved. Does that mean I can save it? Sorry a little confused what you mean.

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Going on the above that would depend if you have saved it from your ESA or your PIP......do you save separately:-)


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Yes, sorry - my last sentence wasn't very clear. They are two separate ideas.

 

PIP is not means tested and does not take capital into account. So you can have any amount of capital, from any source, and do whatever you want with it and your PIP payments will not be affected.

 

Now for ESA, that's where deprivation comes into play, assuming your ESA is Income Related. If the money you have saved is from benefits (of any type) then the DWP will ignore it for 52 weeks after it is paid to you. In other words, they won't start reducing your benefit payments based on it until you've had it for a year. Edit: This part is not correct: see my post below.


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Sorry, disregard that last part of my post. As far as I can see from the DMG it is only arrears of benefit that are disregarded. So if your savings have gone over £6000 you would need to declare this and deprivation could be an issue if you spend the money with the intention of getting yourself under the limit.

 

One other thing we need to be clear about: deprivation is not fraud or any other sort of crime. It's just something that affects entitlement.


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Thanks.

 

So does that mean for now I don't need to inform them I have gone over the threshold as it has only been a couple of months?

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Sorry, disregard that last part of my post. As far as I can see from the DMG it is only arrears of benefit that are disregarded. So if your savings have gone over £6000 you would need to declare this and deprivation could be an issue if you spend the money with the intention of getting yourself under the limit.

 

One other thing we need to be clear about: deprivation is not fraud or any other sort of crime. It's just something that affects entitlement.

 

Oh ok thanks again.

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Yes, sorry about the mistake. You should tell them ASAP. If you're worried about it, bear in mind that the sooner they find out the better for you. You'll have less stress about the situation and any overpayment will be minimised.


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I think what this thread shows is it is better to keep below threshold if only by a pound and spend without worry, rather than go above the threshold and face a potential headache.

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Depending on your area, you may be switched to universal credit if you do report a change.

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Depending on your area, you may be switched to universal credit if you do report a change.

 

I thought they would just adjust my payments accordingly.

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how about some new shoes or a weekend away somewhere. All that is allowable. If your only income is benefits of one sort or anothe rthye ahve calculated what is the minimum you need to live on so stop scrimping and saving if that means going without what others would consider necessities. A nice hair cut once in a while or a meal out.

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I thought they would just adjust my payments accordingly.

 

Not now. Some areas are universal credit only, which means if you report a change, you'll be moved over. And some people are finding they're now worse off.

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Better to just spend some money.....stop saving and keep your head down :wink:

 

Far easier


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Why would you wish to keep savings in a bank account, as far as I'm concerned you'd be better off with it below your mattress as interest is miniscule on savings accounts.

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Why would you wish to keep savings in a bank account, as far as I'm concerned you'd be better off with it below your mattress as interest is miniscule on savings accounts.

 

Don't you worry about burglars?

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I never have trusted banks Kaily! ;).

 

On a serious note, you should have your savings working for you rather than your bank.

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