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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Razorback

Prescription Penalty Notice.....

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Posted (edited)

Hello, am new here and it seems a helpful forum. I am hoping you can help me.

 

I have tried to search the forum, but cannot find a previous topic like mine.

 

Basically, I have today received an NHS Penalty notice through the post relating to a prescription item from my doctor.

 

To cut a long story short, I get one item every month from my doctor, on repeat prescription. I am exempted from paying for this item and have been so for a lot of years.

However, after going to the doctors last month, she added another (new) item for something else to my monthly repeat prescription.

 

So, when I went to collect it from Boots, I explained I had to pay for the new item added onto my prescription and then signed the back for the normal (exempted) item. All I got was a till receipt for the paid for item, which I later binned and thought nothing more about it.

 

However today, I have received a penalty charge notice relating to this new item (which I did pay for).

 

How do I go about disputing this penalty notice, as I no longer have the receipt.  

 

Many thanks.

Edited by Razorback

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Posted (edited)

Thanks Andy,

 

I did read through a lot of them before I posted. Most, if not all seem to be about people having claimed an exemption when the NHS believe the prescription should have been paid for.

 

Mine is a bit the other way around.

 

I paid for one item on the prescription (and claimed exemption for the other item on the prescription). It is the paid one that they are saying I didn't pay for (when I did). I don’t have an FP?? receipt that they are saying I should have asked for.

 

However that FP?? receipt only seems to be for claiming back the cost of items paid for when an exemption should have applied. I paid for the one item, because I have to pay for it – there is no exemption for this item.

 

In the absence of a receipt, would a bank statement showing a debit card transaction at Boots on the day in question suffice? The trouble is I also bought something else over the counter, so the debit card amount is for £14.10? I suppose the NHS could say it proves I spent £14.10 in Boots that day but doesn’t prove it was for the Prescription item!

 

The trouble is also since this incident, I received another repeat prescription, again with one exempt item and one ‘to pay for item’ which I collected last week. Again, I paid for one of the items and signed the back for the other item (although it did cause some confusion in Boots this time, but they let me do it). Fortunately I kept the till receipt this time, but no doubt will receive another penalty notice about this one.

 

Thanks.

 

 

Edited by Razorback
paragraphing

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How are you exempt for one item but not the other on the same prescription ?


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2 hours ago, Andyorch said:

How are you exempt for one item but not the other on the same prescription ?

 

Hello,

 

My exemption certificate only covers me for prescriptions for my accepted disability (War Pension Exemption).

 

Thus, any prescriptions for any other conditions I have to pay for.

 

The newly prescribed medication isn't connected to my War Pension disability, hence I paid for it.

 

Thanks.

 

 

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Posted (edited)

Just to add further after speaking with Boots just now.

 

Apparently, my type of exemption is the only one that doesn’t apply ‘across the board’ for all prescribed medication.

 

The problem, it seems, is that it the actual NHS prescription form is not ‘set up’ to deal with this. It expects people to be either ‘totally exempt’ or ‘not exempt’.

 

Thus, when I legitimately signed the back of the form for my one exempt item (and paid for the other), the NHS treat my prescription as being ‘totally exempt’ and thus subject to their checking. Hence it has been picked up by them.

 

The pharmacist at Boots did say that the lady who served me shouldn’t have allowed me to both sign and pay for items on the same script. So, they are in error in permitting me to do it!

 

Surely, I cannot be at fault here, if the form doesn’t cater for my circumstances? At the end of the day, I paid for what I should have paid for (and was correctly exempted for the war pensionable item).

 

Hence the NHS is not ‘out of pocket’ in any way.  So why should I have to pay a penalty charge?

Edited by Razorback

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Can't help with your existing problem re penalties - sorry.

 

To stop this happening again you need to ask your GP always to do two prescriptions for you - one for the exempt medication and a second one for the other.  Make sure they understand why you need to have it done this way.  (And check they've done it when you collect the prescription).

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Razor, I don't suppose you have a Boots loyalty card that would show you paying for the contested item?

 

HB

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Illegitimi non carborundum

 

 

 

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If you're worried about their "penalty" charge, don't be, I had two in the space of three months due to incorrect advice from the pharmacist,  I went on line and paid for the script and ignored their £100 charge, or whatever amount it was they were trying to fleece off me.

 

Short of a couple of letters increasing the charge for not paying them within their arbitrary time limits I've not heard a peep out of them.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Posted (edited)
20 hours ago, Manxman in exile said:

Can't help with your existing problem re penalties - sorry.

 

To stop this happening again you need to ask your GP always to do two prescriptions for you - one for the exempt medication and a second one for the other.  Make sure they understand why you need to have it done this way.  (And check they've done it when you collect the prescription).

 

 

The trouble is I don't see the actual prescription form until I collect the medication in Boots as it is sent to them electronically.

 

I will ask at the doctors if they can send the two items on seperate scripts though.

 

Many thanks.

Edited by Razorback

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19 hours ago, honeybee13 said:

Razor, I don't suppose you have a Boots loyalty card that would show you paying for the contested item?

 

HB

 

Hi,

 

Yes I have the Boots loyalty card, but it cannot be used for precriptions, hence it won't show on there, but thanks anyway.

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1 hour ago, Razorback said:

 

 

The trouble is I don't see the actual prescription form until I collect the medication in Boots as it is sent to them electronically.

 

I will ask at the doctors if they can send the two items on seperate scripts though.

 

Many thanks.

 

Ha!  I had the opposite problem with electronic prescriptions.  I made one request for a repeat with three different meds, and the GP sent three separate prescriptions to the pharmacy, which arrived at different times.  I ended up making three separate journeys to the pharmacy.  I then reverted to collecting the prescriptions myself.  (I live within five minutes walk of both my GP surgery and the pharmacy).

 

Ask the doctors to use separate prescriptions and explain why you need that.  Make sure it's recorded on your notes so whichever doctor deals with your repeats will know what's required.

 

Personally I would not ignore a penalty notice - I'd try to get it sorted out as you are doing.  You might just get away with explaining it as you have done here - ie the surgery mistakenly put two meds (one exempt, one not) on the same prescription and the prescription form doesn't provide for this situation.  Say you paid for the non-exempt one.

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