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    • Thanks DX,    I will update if they outsource to another company or issue any of proceedings (unlikely I know)    cheers, 
    • go up on your UC log-in it should tell you if you are entitled to free prescriptions. if you are, then yes  and yes go get all your moneyback.    
    • I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect.   they man the barriers at peak times, when people have purchased their permit to travel at a peak time travelled at a peak time arrived at their destination at a peak time.   thus they prevent: [loss of revenue] the traveller simply paying for an off peak fare when they just travelled in peak time [and most probably are a worker] getting an off peak return when they are travelling back home in peak time [worker returning home]     in other words ..fare dodgers.   your intended return was off-peak, but you didn't tell them.. we'll never know when your permit to travel was purchased nor if you travelled in peak time....but as from about post 5 i'll hedge my bets..   yes you are entitled as others may well be, to a refund because you were returning off peak but if you don't tell 'em…….   as for our experts , its either they are on holiday, which is none of our business or they sussed you out a longtime ago and don't want an argument here that they have 1000's of times in their regular work....   anyway  I've said all this from the start this thread is getting boring and repetitive.   dx ...    
    • @BankFodder and @BazzaS Thank you for your responses ~ I take on board all that you've said, and can only apologise again for all the narrative.   My nephew who's been [supposedly] dealing with this for over 6 months, unfortunately didn't have the experience and was consequently taken in by them and the way they 'operate', and he consequently let me down massively including through the Ombudsman this 2nd time: * 2nd Complaint with Ombudsman initially registered 11/04/2019 but, not registered properly until 15/04/2019 through their helpline (by this time my nephew, who was down as my rep for the Ombudsman, too, and the preferred contact, was away and out of the country until 07/05/2019, which was the day before the ombudsman's system had given for all evidence to be in). * Eventually after asking for and being granted 2 or 3 extensions all evidence had to be submitted by the 28/05/2019, though I was still able to keep adding evidence which would supposedly be taken into consideration (it wasn't...don't think any of it was, and it didn't take me long to work that one out!) via the messaging system. * On the BH Saturday (25/05/2019) during a phone session with my nephew in a last ditch attempt to try to get the evidence on the site, he ended-up really pushing my boundaries over this (I've finally had EMDR last year for all the trauma I've been through and that had finally kicked in)...I ended-up calling my nephew a patronizing [and might have used the F word!] prick and turning the phone off. Haven't spoken to him since, or the rest of my family, am only communicating with them through emails, texts and messenger on Facebook, and am intending to keep it that way until I'm god and ready. * The Ombudsman eventually issued his decision on 05/07/2019 (N.B. During this time he'd contacted me twice on the phone, thus bypassing my nephew's status as npower have been doing for years, including in the run-up to my lodging the latest complaint with the Ombudsman). * Npower appealed the decision on the 11/07 (the arrogance of that will strike you once I get the chance to upload the evidence I've been accumulating over the time my nephew has been 'dealing' with them and subsequently), I appealed the decision on the 18/07, which was the day before the final 14 days to appeal were up (N.B. During our 2nd converation, the Ombudsman had told me, whilst prefacing this with "I probably shouldn't be telling you this..." 🤪, that if I left it until the day before, I'd then have another 14 days whilst he considered the 'appeal' and then, even after that, I'd have recourse to appeal to his manager if I felt he'd got something wrong!!..........Yeh right! 🤬). * In the end he rejected both of our appeals and this is the basis of his response on the 01/08/2019, which he'd taken to be a relatively simple billing issue, along with my not having understood my bills and never having paid enough all along (NOPE!):- "Some of the bills are shown differently on the spreadsheets, but the information is the same. For example, on the first spreadsheet there is a bill of £3,032.40 on 4 October 2018. On the second spreadsheet there are three bills issued on 4 October 2018 for £677.33, £678.30, and £1,676.77. These three bills add up to £3,032.40. I appreciate that this can be confusing for customer’s, but this is something I did cover in my original decision. Whilst I acknowledge npower’s point that a manual bill will essentially contain the same information as the bills previously issued, it is the way in which the information is presented that is crucial to assisting the customer to understand their account better. After considering the appeals from you and npower, I can see no justifiable reason to change the decision, which I maintain is fair and reasonable for both parties, based on the evidence I have reviewed. I confirm that Ombudsman Services: Energy’s full and final decision is that npower should: • Issue a letter of apology. • Apply a credit of £120.00 to account 142309111 for the two failed appointments in 2015 in line with the terms of the Guaranteed Standards of Service. • Apply a goodwill gesture credit of £200.00 to account 142309111 in recognition of the shortfalls in service. • Provide the customer with a manual bill to show a clear breakdown of charges, payments, and credits on account 142309111 for the period from 19 February 2013 to 19 February 2019. We have now reached the end of our investigation process and there is no further opportunity to appeal. You now must decide if you agree to accept our decision in full and final settlement of the complaint."   * I haven't accepted it (why would I, when it's based on lies; npower breaching every SLC and Customer Obligation going with me; the GDPR and former DPA; fraudulently altering my data to fit in with their narrative; obfuscating, kicking-up a dust-storm, using bullying and harrasment every time they're challenged, all with the intention of trying to put the onus of responsibility for .managing. my account back onto me and save themselves coming under further scrutiny with Ofgem...though they're so far behind what has gone-on with this company over the years and/or they just don't want to unsettle their "Dear Stakeholders", especially with one of the Big 6; and all whilst I've been finally able to get the very damning evidence together against them?!). I'm about integrity and having a moral compass ~ everything this company isn't and lacks ~ and I will no longer compromise that for anything or anyone, particularly not this shower of 💩s in npower.   So yes @BazzaS I " a) want to take action" and furthermore, I believe I've got a very good case against them with your help.   Again thank you both for your support and I'll start on the bullet list over the week-end and also start uploading evidence (I've got rhemes of it on a USB stick, which I'm currently redacting the important ones of).   GM  
    • Hello.   I have received one of these penalty notices  for a prescription from several months ago.  I usually have a prepayment card but they're saying it may have expired, which it could have done.  Unfortunately, I can't find the card itself so I can't confirm.  I was going to pay the penalty on the grounds I may have carelessly let it expire but on the website for paying it says I may be entitled to free NHS prescriptions as I'm claiming Universal Credit.  I can't recall which elements but I suspect it's child tax credits and possibly something due to not high salary.   I'd never considered that I may be eligible but if this is true, then I may have been buying the prepayment card unnecessarily.  Which makes me wonder if I can avoid paying this fine because even though I ticked the box to say I have a prepayment card, which was technically not the case if it's expired, I may be eligible for free prescriptions.  Assuming I am, which I will try to determine next week for sure, do you think I can appeal the penalty based on the wrong box being ticked but ultimately it not be a fraudulent claim because I am entitled to them free anyway.   Does that make sense?  Your thoughts on the matter are all appreciated.
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Steve.H

PRA claimform - old EGG now BC card debt ***Claim Discontinued***

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Can anyone recommend a solicitor I can use for this kind of thin?

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really..well 3 you've read have the defence like post 51 here.

https://www.consumeractiongroup.co.uk/forum/showthread.php?487452-Lowell-Claim-form-RBS-Credit-Card-***Claim-Dismissed***

 

use the search CAG box of the top red toolbar

claimform card PRA

 

or copy and paste the line of their poc you cant find a reply for in the box too.


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you don't need a solicitor and no we don't recommend

last count there were over 1500+ claimform threads here..not one needed a solicitor at all

its only a speculative claim designed to make you wet yourself and cough up.


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Is this defence ok :

 

After suffering a serious life threatening brain injury in 2010

which left me unable to work and I have very bad memory problems.

 

1.The claimant claims the sum of £4793.79 for an outstanding debt owed.

 

2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

 

3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31.

 

4.On 17/08/2015 the debt of £5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56.

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £4793.79

 

 

The Defendant contends that the particulars of claim 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. Paragraph 1 is noted insofar as a contract relationship did once exist in the past. However I am unable to recall the precise details of the alleged agreement and any alleged outstanding

balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2.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.

 

3. Paragraph 3 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.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 how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 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 to my CPR 31.14 and also my section 78 request and remain in default with regards this request.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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.

 

8. 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.

Edited by dx100uk
POC Added+ format

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all looks ok

id revise your 1 too

 

Paragraph 1 is noted and accepted I have in the past had financial dealings with [Original Creditor].I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.


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Thanks dx100uk I have submitted the defence see how it goes from here they may go down the tomlin order route, see what they come back with!

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???

why would you agree to a tomlin order when they have not complied with your request????!!


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If they don't come up with the paperwork. They won't continue with the claim. It will just go dormant.

 

Why would you plan to pay them.when they don't even have the paperwork required to even go to court?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I will see what they come back with, when i submitted my defense I didn't include the top paragraph:

 

'The Defendant contends that the particulars of claim 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.'

 

But it will not let me edit the defense on MCOL, I will have to ring them tomorrow will this make a big difference to the case?

 

Thx

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Dont worry about it...bit concerning though how you managed to not include it.


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Hi Everyone,

 

My defence has been received by court and acknowledged on 21st of January and the PRA group have responded yesterday saying they are going to proceed with their claim.

 

They have sent me a copy of a letter that is the transfer of the debt in August 2015 that originates from BC and a letter from PRA same date time saying they have purchased the outstanding debt from BC and assignment.

 

Can they defend this with no CCA and not even knowing the original creditor ?

 

Thanks

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Not a chance. Theyre hoping you dont realise and buckle.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So when it goes to court can I claim not knowing the debt as defense but this could be a ploy and they produce CCA on the day but I would of thought they would have produced something more concrete in defense by now?

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I very much doubt it will ever get there tbh. And if it does, theyre likely not to show up. Theyll prob cry for mediation, try and offer an out of court settlement to get something, and either not attend court, or let it go quiet so they get a stay


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And they wont produce it on the day. Barclaycard likely wont have it, or it will be archived and take them an eternity to find it on microfilm. PRA wont care though. They just want money.

 

Remember, as far as they know, its a barclaycard. They have no idea its an egg card, so keep that close to your chest until its time to bring it into the open.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for help, should I cancel the DD to them?

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yes they've failed the CCA now?


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I have cancelled the DD, I have also received a letter stating PRA are going to continue with their claim so I rang MCOL and its £100 to change the defense to add the top paragraph I missed and they said it would go to mediation or it will be transferred to a CC in my town!

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correct all std practice

time to read like threads upon what might be next.


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Got a letter today :

 

Take notice that:

 

1, this is now a defended claim

the defendant has filed a defence, a copy enclosed (no)

2, it appears that this case is suitable for allocation to the small claims track.

if you beleive that this track is not the apparopriate track complete blah blah

3, respond by ............form n180

 

It looks like a mediation route is this a sign of surrender we don't have a defence so we won't to settle ? Thx peeps

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its a std letter they send to the claimant informing them YOU have defended the case and what they have to do by XX date to progress the claim.

its copied to the defendant.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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get reading other claimform threads

so you know what may come next in the process if they do progress it in the downtime between stages.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Its a Notice of Allocation...you must complete the N180 and return it by the date stated......otherwise your defence may be struck out.

 

Andy


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Cheers Andy,

 

I am away as my Mum's partner passed away and he whatsapped me the letter so didn't read it properly and it wasn't the best images, I have had a look at other threads and they will probably go for the fact I have been making payments since my head injury and even made them an offer in March last year!

 

I settled with BC for my debt with them 3 years ago so I can play dumb and say I don't recognise the debt due to my memory issues as the judge may say that making payments is admission of the debt etc ?

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