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    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
    • Hi,   Well over a year ago, I moved from one area of the UK to another. Where I was moving from ,I had TalkTalk fibre broadband, was happy with them and had no issues.   A week or two before I left, I started planning the whole internet and phone move, called up TalkTalk and found out they weren't able to suplly the fibre where I was moving to. They could only infact offer a minimal ADSL connection.  I said that I would probably cancel it, but I would look into it. Later on the very same day, I foudn out only Virgin and another company had services at the prperty so TalkTalk were out. It called, cancelled propty and left it at that. I eft the new address as a forwarding address for the final bills etc... too.   Months later, a DCA is on my case for the tune of £190 something. I coined them on 1st August, left on 10thish of November. There was an outstanding about £25ish.   I've spoken to thecomplaints department, they were't budging, I've tried the execs and they were the ones that passed it to a DCA, which is about to go nuclear.   Anyway, how it stands now...   Officialy soeaking, if they want to knit-pick, the connection came with a £100  welcome gift card for someone who stayed at least 3 months, which I did..., they werent able to supply the connection, were told to cancel, and planned otherwise. They STILL dont ahve dirisdicton over this buiding so they wouldnt be able to suplly the services.   Now BWLegal claim that theyve repeatedly tried to get ahold of me (lies) about this bill and now they're planning to go legal on 13th March. They literally sent me a  letter with a realistic 1 week notice period on it, but officialy they;ve bacdated it by a month.   SO I'm left in a predicament. I dont want to phone them as I like everyting in writing, because of corona things will be late, so they've literally tried to shaft me here for acontrac thtat doesnt exist.   The  letter they snt me is literaly a "Letter of Claim" with some Citizens advice page attached, income and expenditure forms etc... I refuse to fill ti in as as far as I know, this is resolved, or at the wosrst there's a small sum outstanding.    Or I could be really brutal and be clear and say they owe me 60-80 for the gift card, but I dont really care about that.   I've literally jstu found a good job after a long horrible period and it feels like they're using the upcoming "freedom" as a reason to start their antics.   All they ask for to stop the legal action is a "reason" ut it appears they''ve gota 3rd hand account that's been sold around as it's in some name like JC International now?   Shoud I:   1) Ignore them and contact TT directly? I've got the executive email address so usually get a swift response.  2) Treat it as any other hot air DCA's blow out ? No proof has been given o far, no copies of paperwork, so it's just  "pay now, this much" letter. 3) Make an example of this and let it do to court, explain to the courts what's going on and let them deal with the issue?   What concerns me is their underhanded tactics....   Anyway, any help would help...   Cheers, Ade
    • No it is not the right direction to go. Read the stories in this sub forum and then check back here for a fuller reply tomorrow    
    • Its fine, it just so happened that they're happy wit h me paying it off at a realistic level. I think that he landlady went little too far, but things have been smoothed over.   Thanks for the help.
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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I won! Oh and there's an article in the paper about it!


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Hi Nena,

 

Don't celebrate too soon! They always leave it till the last availibile minute to file a defence.

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Well, its gone close of business and no defense has been made. Will check back in the morning, but looking good.

 

Whats the point of acknowledging the claim if you're not going to defend it?

Surely if they had no intention of defending they may as well have paid up earlier.... Don't mind, interest interest....

 

We'll see.... I guess it could be that money claim just haven't updated their records yet.

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The latter is by far the most likely - it can take a day or two to appear. Even if they file it late though the court will still allow it. Or even if somehow your claim has slipped the net and they don't get one in at all, they will still apply to get the judgement by default set-aside as soon as the court notifies them. Which will succeed, unfortunately, and they will then enter a defence.

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I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

How long far will they take this before giving in?

Cheers for the replies Gary!

Nena

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I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

 

Thats the way it should be probably but no, does'nt work like that I'm afraid. They could use any old excuse for not filing a defence on time - lost in post, etc, etc. If they did'nt get a defence in and you applied for judgement, they could then apply to get the judgement set aside, on the grounds of an excuse like the above.

 

How long far will they take this before giving in?

 

Not too far off now, but don't be surprised if its still a month or two. After they eventually get the defence in you will get an allocation questionnaire from the court, which you will have to return within a couple of weeks. You will then get a court date for around December/January (depends how busy your court is), and a settlement will most likely come around a month before the court date. Nothings set in stone of course, I'm just giving you a realistic idea based on how the claims are developing lately. Whatever you do, don't let them grind you down - thats exactly what they're hoping for. You will get there in the end, it just takes a bit of patience, plus just think of all that interest mounting up daily!:)

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Darn.... Confused again.

Just tried to file a judgement (there still seems to be no defense made) and it says I can't do it.

Claim was served 29th September. Surely 27th October is there last day? Says nothing about it being 28 working days....

 

Is it that they just do not update the records over the weekend?... Even so, the service should be automated.... Apparently, they can still put in a defense if I haven't filed a judgement, so even if they do eventually try to get a judgement set aside, I'd still like to get it done.

 

Ahhhh, I'm confusing myself now... I'ma go enjoy my weekend and deal with it on Monday!

Nena

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The 28 days starts from the date the claim is deemed served, which is usually 2 or 3 days after the date of service.

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Hi Gary (and others)

Well, as expected, Lloyds entered a defence. I'm a little confused about what they've written in it and was wondering if anyone could help me out? I could scan it in and email it to someone maybe.

I know it's really cheeky asking this, but I feel I'm in the deep end here and I really don't want to lose to them at this stage. I've got until the 18th November to get my allocation questionnaire in and I'd really like to know what I'm getting myself in for before sending it off.

 

Lloyds (or rather their solicitors) have mentioned something about the particulars of the claim not complying with the civil procedure rules and my claim does not fully identify the account in question (I provided my account number and i sent a breakdown of charges to money claim).

It also says that the defendent should be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no real pleaded basis for the claim itself.

It goes on and I have no idea what they're on about!

HELP!!!! lol

Thanks in advance,

Nena

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Is it this defence Nena? http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43282-crimson-giant-lloyds-tsb.html#post344020

 

Don't panic, this is'nt anything out of the ordinary. Its designed to try to 'scare' you off remember!

 

You say you sent a schedule to moneyclaim, yes? And what were your 'particulars of claim', did you use the template?

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If you used the moneyclaim template from the library as your particulars and included your account number in it, and you sent a shedule to the court as you said, then take no notice of the defence, they're just trying it on. Add this and a copy of your schedule to the other information section of your AQ and carry on as normal. You may need to attach a seperate sheet if it won't fit in the box. If so, type it up as follows:

 

 

 

ALLOCATION QUESTIONNAIRE N149 / N150

 

 

Section G / J Other information

 

The claimant notes the defence of the defendant in which it contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the common law and statutory provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

 

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

Follow the above with the guide notes from the templates library, ie, the request for allocation to the small claims track and for an order of standard disclosure.

 

 

Also, before you return it to the court, take a copy of the AQ and attachments and send it to SC&M, and keep a copy for yourself.

 

If you did'nt use the template as your particulars or did'nt include your account number, obviously don't use the above. If this is the case then can you post what you did use as your particulars please?

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Hi Gary,

I used this template:

 

Claimant has account (A/C No-sort code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

I sent the breakdown of charges to money claim after filing it, but didn't send it to SC&M.

I shall however do as you have suggested, copy what you have written and send a copy to SC&M.

 

Thank you... Yet again!

 

Nena :-)

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Thats fine then. Just send your AQ and attachments to the court and SC&M and carry on as normal. SC&M will send you a copy of their AQ soon which will request a one month postponement to 'negotiate a settlement'. Let me know when you receive it, as there is a letter you can send in responce.

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Hi,

Haven't sent off the AQ yet (will do that in the morning), but had a "General Form of Judgment or Order" from Cardiff County Court yesterday, saying the following:

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT:

1. Directions will be given in this case by the Designated Civil Judge, His Honour (Judge's name), on the 21st December 2006 at 10.30am at Cardiff Civil Justice Centre (then address)

 

2. The parties may appear in person or make written representations as to how the case should proceed provide a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

 

 

Any ideas on what on earth is going on?!!?

 

Thanks,

Nena

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Its a case management/allocation hearing. All the Welsh claims are receiving exactly the same order at the moment, in fact they are all probably on the same day. One other I can think of off the top of my head is 'stadium arcadium', do a quick search and find her thread or get in contact with her by PM, it'll definately be useful to confer with someone in the same position as you. I think its just going to be a case of re-iterating what you've already put down in your AQ - ie, the claim should be heard on the small claims track and you request an order of standard disclosure to be made. Whether you want to go in person or not is up to you. As you can see from the order you do have the option of making a written statement instead if you want to, which you will get help with should you need it, but I would definately consider going in person if I were you. Nothing can be won or lost on that day, so there's no real pressure, and besides small claims court is'nt anything to fear. Its designed to be informal and accessible to everyone without the need for lawyers and the hearing is held in an office type room rather than a typical 'courtroom'. In fact it'll be a good introduction to the small claims court process. Its a pretty safe bet that Lloyds won't be their either. You've got a while to think about it anyway, its still quite a way off yet. Just get your AQ in for the time being.

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Hi,

Any chance someone could post SC&M's address for me?

I've lent my defence with their address on it to someone who is looking at the case for me and I haven't written down their address.

They seem to have several addresses online and I'm not sure which one to post a copy of my AQ to.

Sorry to be a pest!

Nena

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Sechiari Clark & Mitchell

Department SO

P O Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton BN1 3XJ

 

Elsinore:)

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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  • 1 month later...
Banks should be able to charge what they want if someone exceeds their agreed credit limits. So long as it is all made clear to the customer in the first place I don't personally see it as unfair. If someone oversteps the agreed terms with their bank, they have to pay for that.

 

:shock:

 

 

And CONGRATULATIONS, by the way!!! :-D

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:shock:

 

 

And CONGRATULATIONS, by the way!!! :-D

 

What a reasonable, balanced and sypathetic view!

 

Congratulations on the win!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Well done Nena, congratulations!!!!!!!!!!!!!!!!!:):D:p Plus a bit of media exposure to boot, excellant job!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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