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    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and 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.   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.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) 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;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   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. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
    • Hello. I'm asking a question regarding paying a PPI company. I won't name names, unless anyone thinks it's relevant. My partner made a claim to a PPI company a few weeks before the deadline. He received a letter from Lloyds asking for authority for them to act, which he supplied. A couple of weeks later, rather unexpectedly, he had a letter from Lloyds with an offer, which he accepted. He's now received the payment. In all of this time, he had nothing from the PPI company apart from the odd text, asking him to keep them informed if he heard anything. He scanned the letter with the offer from Lloyds and emailed it to them as requested, expecting them to invoice him, he has no intention of not paying, even though they seem to have done next to nothing. This week, he receive 2 letters from them containing 3 forms in total, for him to complete, checking his details as Lloyds told them there was an error. I've advised him to ignore the form, since he's been paid & is just waiting for them to claim the money from him, and if they're so inefficient, that they ignore emails virtually offering them money, they might forget about it altogether! Is this the right course of action? He's concerned they'll take him to court for not paying, but I don't see how they can, when they've never even asked for any. Any advice greatly appreciated.  
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cornish donkey

IB to ESA migration

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Hi I have just discovered that there’s been a DWP blunder when people migrated from IB to ESA.

 

I’ve not been contacted yet but I am just trying to work out If I was one of the affected claimants. When I claimed IB I was also given an Income support top up for my partner as he wasn’t able to claim JSA at the same time.

When I migrated I was put on contributions based ESA for one year and then it changed to IR because I was placed in WRAG group.

 

Am I right in thinking I could have been entitled to both types of ESA? Neither myself or my partner worked at the time and we had no assets or savings at the time.

 

Tia x

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typically those effected were all written to, but I suppose a few might have slipped the net.

no harm in ringing them up and enquiring.

 

however, I've never heard of people going from ESA to IB just because they were placed in the workgroup...???

you cant get 'both types' of ESA..whatever that is?

 

dx

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

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Both types of ESA would be income related and contribution based, dx.

 

HB


Illegitimi non carborundum

 

 

 

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well yes sorry

but you cant get both elements nor a mix of IR / CB AFAIK

 

more info on the 'mistakes' IB>ESA here

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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Yes people could claim both income related and contributions based ESA at the same time, if they qualified for both.  And obviously if they applied for both.

 

Don't know answer to question being asked about IB to ESA issue. But I believe that I have heard that not all cases where an error may have occured have been identified. 

 

Best route to take, is to raise a complaint by visiting Gov.uk and looking for how to complain. Then provide a letter with full name, address, national insurance number, what benefits were claimed. Just say that you have not been contacted about the IB to ESA error and can they look into this. If you give your telephone number, perhaps they will then call you, if more information is needed.

 

Complaint route may be best, as you are probably too late for any mandatory reconsideration appeal.

 

 


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  • Thanks 1

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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