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    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known.   I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
    • Hi, I have had to hand my notice into work this week due to my Manager telling me that I had lied to him. After we had a talk about it I received lots off emails asking about various things that needed sorted as someone else who I work with made such huge problems, so I was told to deal with it, which I have no issue with. I was also promised bonus money in April due to us doing so well and as off yet I have received nothing.  I was thinking about putting in a grievance but wanted to find out more before I do. I am still employed by them + am still on the payroll. Thanks in advance  
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Hi all,

 

Thanks in advance for your assistance, my wife has receive a letter today with the below information:

 

"My records show you have an outstanding balance of £279.72 in respect of ****** (address) for the period 7.1.13 to 17.2.13"

 

My question would be ... is this enforceable and would the statute barred rule come into play for the amount of time that passed?

 

Thank you

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Yes

No

 

Send them their free sar on their site to prove they hold the required proof


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The statute barring period for housing benefit overpayments runs from the date of the decision letter informing your wife of the overpayment. It is possible the a decision was made years ago and she ignored or didn't receive the letter. Even so, as the period of the overpayment is up to 17.2.13, at the earliest, the debt would become statute barred six years from that date (England and Wales) so at least 17.2.19. And it is very likely any decision letter was produced after that date so the debt is not statute barred.

 

Even if the debt was statute barred, benefit overpayments can be recovered by deductions from current benefits or a deduction of earnings attachment without the need for a CCJ.

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gov't debts like this are never SB'd

 

dx


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Benefit overpayments can be statute barred, the cause of action accrues from the date of the decision on the overpayment.

 

Section 9(1) of the Limitation Act 1980 applies:

 

"9 Time limit for actions for sums recoverable by statute.

 

(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued."

 

https://www.legislation.gov.uk/ukpga/1980/58/section/9

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over payment of benefits are a gov't debt

they cannot become statute barred.

they can still recover them from future benefits or a DEA.

 

the only thing SB prevents in E&W is legal enforcement.


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Yes, they can be recovered from benefits or through a DEA, I wrote that in post 3. But they can be statute barred as no court action can be taken to recover the debt. Where a person is not receiving benefits or on PAYE, the debt is unenforceable, there is no requirement in law to repay the debt, and no enforcement action can be taken.

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they don't need to take any court action regardless of the age of the 'debt'- that's the whole point.

 

in all effect..statute barring on a gov't debt is immaterial..hence, they can get it by hook or by crook.

unlike say a bank or a dca …

they can raid your future income and theres nowt you can do about it unless you make them prove they have the required documentation...hence the sar.


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The DWP and local councils will make a money claim where the debt is unrecoverable through benefits or PAYE, statute barring is very material in those cases. This debt is almost statute barred hence the letter, it is likely that the benefits and PAYE route has already been tried and failed.

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I think we need to know the circumstances for the over payment. If the over payment was a mistake by the housing authority then they cannot claim it back as it would be deemed an "official" mistake.

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If the over payment was a mistake by the housing authority then they cannot claim it back as it would be deemed an "official" mistake.

 

It's not quite as simple as that, where an overpayment is made resulting from official error, the claimant needs to have a reasonable belief that there was entitlement to housing benefit.

 

Regulation 100 of The Housing Benefit Regulations 2006:

 

"Recoverable overpayments

 

100.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

 

(2) Subject to paragraph (4) this paragraph applies to an overpayment [F1which arose in consequence of] an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment."

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/100

 

That clause is difficult to prove.

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It's not quite as simple as that, where an overpayment is made resulting from official error, the claimant needs to have a reasonable belief that there was entitlement to housing benefit.

 

Regulation 100 of The Housing Benefit Regulations 2006:

 

"Recoverable overpayments

 

100.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

 

(2) Subject to paragraph (4) this paragraph applies to an overpayment [F1which arose in consequence of] an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment."

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/100

 

That clause is difficult to prove.

 

The clause is fairly easy to prove if you have supplied all the documentation required, one relies on the benefits people to calculate the correct amount of benefit. They may over pay you and you would be none the wiser until they tried to claw it back. This happened with us twice over the years and in both cases we were able to prove that we had done everything correctly.

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the op has not been back since posting

yet another thread disrupted by arguing ...


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