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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Housing benefit


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I currently live in a 2 bed property and have 2 carers that stay twice a week each,

 

1 of my carers is my daughter who has 3 children so my current property is over occupied,

 

I have the chance to rent my sisters 3 bed house that she does not live in and rents out already, would I be entitled to claim housing benefits

 

I am aware that I would have to.pay a top up but dont want to.move incase I dont get benefits as this would put me in debt, also a regulation 9 has been mentioned but I cant get my head round the information 

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From what I understand, Regulation 9 of the Housing Benefit regulations prevents yu receiving Housing benefit if you were to be paying the rent to a close relative. 

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/9/made


 

Quote

 

Regulation 9(1)(b) of the Housing Benefit Regulations 2006

1 specifically provides that a person who resides

2 with, and pays rent to, a close relative

3 should not be treated as liable for their housing costs and thus will not be entitled to Housing Benefit.9 Jun 2017

 

I think however, you would need someone with more knowledge/understanding in order to decipher this ! 

 

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Reg 9 only kicks in if you live with the close relative you rent from.

 

As long as you can prove the tenancy isn't contrived, is at the normal rental rate and has been rented out before, then in theory you should be able to claim housing benefit.

They should check and ask for proof of rent being passed to the landlord after the first 6 months.

Edited by tomtom256
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14 hours ago, tomtom256 said:

Reg 9 only kicks in if you live with the close relative you rent from.

 

As long as you can prove the tenancy isn't contrived, is at the normal rental rate and has been rented out before, then in theory you should be able to claim housing benefit.

They should check and ask for proof of rent being passed to the landlord after the first 6 months.

Many thanks for this information. 

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Sorry re-read it, also make sure that the council are aware that the daughter you are renting from is not resident, as re-reading it, they may think that the daughter you are renting off is a live in carer. Although this shuld be obvious via the tenancy agreement etc.

 

Just another possible angle the council may be going down and is worth covering, does the daughter you rent from also provide care and if she does, does she ever sleep over to provide the care?

 

 

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My daughter has her own property,she stays with me 2 nights,my sister has her own property she lives in,but rents her other house out,she also stays with me 2 nights so it's her other house that I'm looking to rent

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Sorry it's your sister you rent off.

 

Yeah, it could be the issue of her staying at the rental property two nights a week, as well as renting it to you, that is making them quote regulation 9 and refusing the benefit. You should be able to appeal it. But check any letters they have sent you, to see your rights as I haven't worked within housing benefits for a while, but I don't think the right of appeal has changed.

 

In theory what you propose is/should be allowable, as long as you can prove it's all above board and that she will treat you, the same as any other tenant as per my original response.

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I've not moved yet I'm just finding out information,so if I change my sister as my carer to someone else, would it be easier to rent her property 

Edited by Maggie65
Missed words out on my post
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I am just throwing possible issues out there. It's not the caring that would be the stumbling block, but her sleeping over in a property she is renting to you, hence the possible regulation 9 reference.

 

The only real way to know for sure would be to apply and go from there, but obviously that has potential pit falls, if they refuse the benefit and you need to challenge them, as any appeal could take a long time, before they are heard.

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tomtom knows far more about this than I do, but I'm wondering if it's possible there would be 'bedroom tax' issues with having three bedrooms if the housing benefit people deem that you only need two.

 

Sorry to be negative, I think it's worth checking in case it's a problem. I wish you well with this.

 

HB

Illegitimi non carborundum

 

 

 

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Honeybee, in theory I think as she has stay over carers she would possibly be exempt from it, but something I had forgotten about so worth checking, just in case.

 

Are you receiving PIP, DLA or AA at all, as I think being in receipt of one of these benefits allows the exemption, as carers are entitled to there own bedroom under the regulations if providing care to a disabled person?

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Yeah so based on what you say, legislation would allow for a claim to housing benefit, your local council may argue/refuse owing to regulation 9, but as long as your sister has another property where she can prove she lives i.e. paying council tax etc, you can prove tenancy is above board and she would evict for none payment of rent and treat you like any other tenant, they should lose at appeal, if it had to go that far.

 

As you are in receipt of PIP then you should be exempt from bedroom tax, but if you only have 1 carer stay over each night, you may only be entitled to the 2 bedroom rate, obvioulsy if you have 2 carers  per night, then you should get the 3 bedroom rate as each carer will be entitled to thier own room.

 

Just a thought, are you staying within the same council area, as if you move to another council area, I think you would then have to make a claim to Universal Credit.

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