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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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tarm39

Advantis - requesting overpaid carers allowance from DWP

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Advantis for DWP overpayment of carers allowance.

 

I've only just moved into my own house and they've sent a letter asking for my whereabouts and a business matter that needs my urgent attention.

 

I have found out from the DWP and carers that I owe £1,131 and Advantis want me to go through an affordability assessment. 

 

I am not sure who owns the debt, DWP or Advantis and where I stand with this 

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Hello all, 

 

I have received a letter from Advantis in regards to an overpayment of carers allowance I received when I got a job whilst I was caring for my mother. I did not know I had to inform them etc. 

 

Long story short, I had a compliance phonecall with carers and nothing more was said. 

 

I stopped caring for my mum shortly after and cancelled my carers allowance too. 

 

I was employed for 4 months at the beginning of 2018. 

 

Apparently the DWP and carers have sent letters but I haven't responded so they've gone through Advantis to recover the amount owed. I moved house shortly after cancelling everything and had no contact from them at all. 

 

They sent letters to my previous address so they told me that's why it's been passed onto Advantis. 

 

Today DWP told me that the only thing they can do is take payment in full, or deal with Advantis to come up with a payment plan. 

 

I spoke to Advantis who asked me to pay in full or in two installments, I refused and they then said they've put my account on hold for 30 days whilst I go away and work out my monthly income etc so they can go through an affordability assessment to work out how much I can pay back and how often. 

 

 

What shall I do? DWP tell me there's nothing they can do as it's been passed onto Advantis. 

 

Advantis tell me they are working on behalf of the DWP... Nobody will tell me who owns the debt.

 

 

What shall I do? 

 

Thank you all in advance for your amazing help. 

 

 

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ignore advantis totally 

you should NEVER ring a DCA either on any debt!!

 

deal with DWP directly regardless to what they say on the phone.

 

are you sure they are correct with the 'debt'/amount?

if not use their SAR link on their website and get all the data

 

 


..

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DWP are telling me they can't do anything now and I need to speak to Advantis or just pay the DWP in full. 

 

Which I can't do. 

 

Yeah I am sure the debt amount is correct but don't want to deal with Advantis and would rather not go through them. If DWP don't get the money from me through Advantis what will happen then? 

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no much they can do but take it out of future benefits. Or paye aeo.

 

get the sar running

see the DWP website

and IGNORE advantis totally

 

you can pay DWP directly in instalments 1000's are.


..

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You could contact Carers Allowance to ask for copies of the overpayment paperwork to be sent to you. Or ask in the SAR to DWP for copies of the paperwork.

 

If you earned above a certain level, then I suspect that for each week where your income exceeded the threshold, all of the Carers Allowance is repayable. And they may have added an administrative penalty.

 

 


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The DWP owns the debt, it does not sell debts as commercial companies do.

If you ignore Advantis, it will eventually give up and pass the administration of the debt back to the DWP.

 

If you do not make a payment arrangement with the DWP at that stage, the next step is likely to be a Direct Earnings Attachment if you are on the PAYE system or deductions from any current benefits.

 

The debt will be deducted from your wages at a set percentage depending on how much you earn.

It is better to try to negotiate an affordable repayment plan before that happens.

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Hello all, 

 

 I ignored the letter advantis sent demanding the money in full immediately or if I can't pay then to organise a payment plan after they do their own affordability assessment... I know they will do their best to make me pay the absolute maximum possible so I took people's advice and ignored that letter.

 

This was over 2 weeks ago and I've not heard anything back.

Should I contact the DWP or just await a letter from them as I guess the debt will just get passed back to the DWP from advantis?

 

Advantis also stated that they would "take it further" if I didn't reply "immediately" but im aware DCAs can't do a thing based on some great advice on here from some very helpful people...

 

I just don't want to get some bailiffs turning up from the DWP.

I'm happy to pay an amount

I can afford per month to the DWP themselves 

but I do not want to deal with advantis at all...

 

What do you think the best course of action is for me?

Can the DWP make me pay it back and if so how?

 

Also to note, I am self employed so I won't ever be involved with PAYE as I don't earn a set wage and I'm not employed.

I don't get any benefits either. 

 

Not sure if that really makes much of a difference or not but wanted to mention it just in case. 

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bailiffs?? where did ever get that idea come from??

there are no such things as dwp bailiffs

and a dca most certainly are not ever bailiffs and can never involve a bailiff .

 

did you do that DWP sar as advised 

got all the data yet to prove the DWP claim?

 

 


..

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Hello again everyone...

 

I wanted to update you all on this,

 

Advantis gave up and then I started getting letters through the post from Resolvecall with the same thing.

 

Iv'e had 4 letters and ive been contacted by phone at least once every two days this month , 

 

I took out a bank loan to pay off a previous debt I had with amigo loans and I took out extra to pay this debt off too...

 

I owe this debt to the DWP and I am pretty sure that it won't just "go away". At some point, either now or in the future I would have to pay this debt off...

 

I am self-employed but about to change to employment and get a different job, I read that they can take it out of your wages and I would hate for any employer to know that I owe money to the DWP. Not only that, I would be at the mercy of the DWP then who would decide how much I should pay back each month and nobody wants to work to see their wage slip is nothing close to what it should be. 

 

I have paid this debt off... I contacted the DWP and no interest etc was added, and I have had confirmation that this debt is now cleared. 

 

I know for a fact that this was my mistake, when I was employed at the time for 4 months I just did not know I had to inform them about it, as i was about to stop being a carer for my mum anyway. So i definitely 100% owed this money, I just didn't want to be chased down by DCAs and bailiffs/ go to court over something that could be solved if I just pay it. Im now paying just £30 a month extra on my loan than I would have if I didn't have this DWP debt of £1131. 

 

I was harrased by these DCA's and I am extremely unhappy with the way that the DWP dealt with it... is there anything I can do to get some compensation or at least an apology? Is there any advice you can give me at all on this? 

 

Many. many thanks for your amazing work and advice...

 

 

Thank you! 

 

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a dca is not a bailiff

they can't do court they don't own the debt and the DWP don't sell debts on.

 

 


..

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The debt is still with the DWP though one way or another and i'd still have to pay it off surely? 

 

It would have just got passed back to the DWP eventually after weeks/ months of harassment by them wouldn't it?

 

Even though the DCAs cant technically do anything, the DWP can i guess. So in the end id just have to deal with them and pay them either through the PAYe or in installments/in full. 

 

I just hate the way the DCA's are so ruthless and contact you so many times. Surely there's some law out there that stops companies being legally able to harass people like this if there's nothing that can really do other than ask for the money? 

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but that's all a dca can do..hassle.

 

 

 


..

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