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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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vicr76

Currys PC WORLD & Knowhow Whatever Happens

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They may offer to settle if mediation is an option...shows no weakness on your part as the claimant and the courts expect all parties to participate and can have an adverse effect on your costs if you are not willing to be amicable ?

 

With regards to your response to their defence you can submit a response with your DQ.....but I would suggest against this as you only give them further information on which your claim relies upon and information they will then be armed with if the claim proceeds and both parties submit their particularised statements.

 

Dont show all your hand at this stage and save the detail for further into the process.

 

 

Andy


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Hi @Andyorch,

 

 

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?)

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?)

 

 

Regards

 

 

Vicky R

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Hi @Andyorch,

 

 

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?) It is small claims anyway if below 10K

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?) You submit a witness statement further in the process if they wish to proceed which particularises your defence .

 

 

Regards

 

 

Vicky R

 

Andy


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Thanks again @Andyorch,

 

 

Then it is YES for Mediation Service but I was thinking this will be always NO as advised in @icemen's case.

 

 

Regards

 

 

Vicky R

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Well if you state no...as advised you remove the opportunity of settlement out of court and further costs to yourself...which can be reduced if you have shown not to be amicable.

 

I cant recall why Iceman was advised otherwise...dont think it was my advice.?

 

 

Andy


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi @Andyorch,

 

 

Thanks for the advise, will take your advise and definitely say YES for Mediation.

 

 

It was @Bankfodder who advised @icemen to reject mediation. I can understand all cases are different and that may be the reason.

 

 

Regards

 

 

Vicky R

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Hi Cags....

 

Sorry for the delay in updating this thread... Had really busy few months due to the newly added member in the family (my Daughter) and workload.

 

Now the time to submit my documents in court by 16/05/19 and hearing date is 13/06/19.

 

Can anyone please advise what should be the title of my documents replying for Currys defence and how I should I end. I will upload once I have completed my documents for you all to read and advise any amendments.

 

Kind regards

Vicky R

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Search Witness Statement (Top Right near your Log in)

 

Get a feel of how it should be laid out format and style.

 

Andy


We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Good evening fellow caggers,

 

Finally, I have prepared a dummy copy of the witness statement. I know it is a bit long and lots of grammar mistakes. 

Can someone please read and advise what need to be corrected or if this is not good at all.

The judge allocated 2 hours for hearing.

 

Kind regards

 

V RReply to defence from Currys CAG copy.doc

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