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lenamartell

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  1. Hi. I have only just happened to see your thread. It sounds as though you need some sort of support / representative. How big an organisation is it? Does it have a 'recognised' Trade Union (such as Unison)? And if so, are you a member?
  2. It means I will receive a bill for over four months usage of electricity - and it will be dated after the price rise (6th December) so (if I do nothing else) it would be estimated ( as reading over a week old?) and be 10% more to boot - just before Christmas. We have prepay for gas - but also have now installed multifuel, thank God! Other than hating thieves, some people won't 'log' their meter usage - and I would hate for anyone to be caught out, especially at this time of year. Just trying to warn/ help, that is all...
  3. WARNING! Anyone who can - Please check your energy bill due dates. We're with Scottish Power. We have Pre Pay Card for Gas and standard quarterly Electric. Our bill date WAS 8th Nov - I logged into a/c and gave meter reading and £50 credit (to soften the blow) around 4th Nov. Logged in on 8th to see actual bill - and noticed bill date put back to 15th Nov. just logged in to pay some more credit and Bill Date has been PUT BACK AGAIN, to 8th Dec!!! This is 2 days AFTER their price rise! Please check your own accounts - Don't be caught out!
  4. Our complaint went on for around 3 years in all. Most of the delays were down to FOS –when we would post off our case and wait five or six months (or more) although two delays were to a medical condition that flared up and incapacitated me for several weeks. At one stage, I had managed to write up our next submission and we posted it – and it crossed with rather a nasty ‘reminder’ from adjudicator that they had waited several weeks – but couldn’t give much longer! If you haven’t already, SAR them! You will find they will redact anything embarrassing to them, but you might also have your own evidence made stronger by it. Our case was complicated. We had also alleged fraud and had been gathering evidence. The Ombudsman’s file actually contained some rock solid proof of our allegations! The first Adjudicator emailed the ‘business’ (Insurance) and told them she was mindful to find in our favour. ‘They replied stating that they’d written a draft and attached for her. They told her to ‘tweak’ as needed and send to us asap. Their draft (surprise, surprise) said the adjudicator could not uphold our complaint. The adjudicator must’ve argued too much with them – as the next thing we knew – she was replaced! Her replacement was happy to ‘tweak the draft’ At the final stage – we submitted a two part legal argument. We kept it as a ‘legal’ argument – proving lies, providing evidence and confirming fraud. Our basis of argument was that insurers had paid a fraudulent builder, without our knowledge or agreement and without work being completed. Their Loss Adjuster had lied throughout both at the cause of damage and the appointment of workers. The ‘Ombudsman’ told us she couldn’t find in our favour – as we had received a cash settlement! Not Remotely True! – and we were not allowed to even tell her she’d made an such an astounding error! We are now to lodge Civil Actions against ‘the business’ and we still hope our evidence leads to criminal charges. Sadly, the FOS are batting way out of their comfort zone and do not have the competence to deal with anything ‘big’ nor are they brave enough to argue against ‘the business’. If the case is simple fine – anything else, save your time (and health) and go straight to court. If you can keep the case below £5,000 claim (a Judgement is a Judgement, in our book), estimate on the court docs that you expect it to last around 20 mins only and, if you can, request the case stays at your local court because... (try think up a good reason – or the ‘defendant’ gets to pick where the case is held.) Wish I could post more without giving identity away, or boring you. Ultimately, you should remember that FOS are a limited company. They have a rather frequent changeover of ‘Chairs’ etc., who all seem highly connected in the banking / insurance world.
  5. Just seen this. Hopefully the bank have already re-credited you. a few years ago I discovered a direct debit had been set up on my account - to a "local" group that I had never heard of - claiming to be a community group (but based around London area when I am nearer North). I went into the bank and they sorted it there and then (took about 45 mins). As long as your written statement disputes this payment and your previous account history shows that - by balance of probability - you did not spend this, then it should be ok. With mine - I was told it was always happening - the banks do not investigate any disputed sums below £100 (?) and the "fraudsters" seem to realise this...
  6. Hear, Hear... Complaint against Trader = Take it to Trading Standards Complaint against business = Take it to Ombudsman Complaint against Trading Standards or Ombudsman?....DOH...! Absolutely, no adequate deterrent exists... Typical! The message to all of us consumers? If you want something doing... Do it yourself...
  7. Don't know your council, but if you are already receiving HB from them - they would probably just withold a few pounds each week from your benefit amount. If you owe them for anything else (and dont forget - it might turn out that you dont owe them anything), they will likely just want to agree a payment plan? Just a couple of guesses - but they can't be far wrong? N.B. Yay?! Now I qualify to leave a link, so here goes... http://www.consumeractiongroup.co.uk/forum/showthread.php?235862 Bear in mind too, that the person concerned apparently had made a false / fraudulent claim... Fingers Crossed it works... Oh - and if you just google the words "Interview under caution" you should get loads of examples show up - most from this forum:-)
  8. Oh please don't worry, WM1... If you really haven't the foggiest - then there has likely been some kind of error on either part. All I meant by the Interview under caution info - was that they will have checked out whatever they think the problem is and decided there is a discrepancy. As long as you can try to answer their questions, there shouldnt be any problem. Try check out the first thread I mentioned to Cookie. That one is someones account of what happened at their own interview - and they were fine They will never, ever tell anyone the reason for interview. Only because the real fraudster would then find their excuses beforehand. If you are nervous, do you have a trusted friend who could go with you for moral support?
  9. I really don't know what anyone else would advise but, providing that you have: Proof of Payment; Proof he did not have relevant qualifications and Proof of job being completed by Plumber - Along with any evidence of damage or repairs needed - Then my advice would be the County Court - Small Claims. Calculate how much he has cost you to date. Google in your local court and follow instructions. Take any form and evidence to your local CAB. We have been counterclaimants against a fabricated bill - by a builder who is now bust and disqualified. We won, but will never see money. Thing is, even as counterclaimant, the court will refer to you as 'defendant.' You will always be on a back footing. He sued us without producing ANY evidence at all - but if we had failed to produce any evidence by any given date (there were several) then he would have won - by default! Better to get in first. Also report him to Trading Standards - regarding his lack of Corgi and bad workmanship. They might just have other complaints about this man and yours can add to, or start a file! Inform the Bailiffs that the sum is not owed and their client has been reported to Trading Standards. The fact that the matter is being disputed should be enough to stand them down, until the dispute is sorted one way or another. Again CAB or Trading Standards will have all the Templates you might need for any letters you want to send (Not forgetting this site, of course). N.B. Although he was proven a liar eventually - he still put us through a year of hell... And it cost us around £500 to defend and counterclaim (although we were awarded charges, he declared liquidation so never paid either costs or the £5000 we were awarded!!! Sorry, for some reason, the font here is much too small for me to see what I am typing, so I have had to keep this short. Hope it still makes sense.
  10. No Cookie, I would imagine that talk of prison is for sustained / deliberate fraud? If there has been an error and if that error is down to you, then any agreement to rectify will, I'm sure, be more than enough. Just take in any related correspondence or details regarding the claim (that you know of). Did you manage to check out the other posts I mentioned? The first one might alleviate your fears... Good Luck and please keep us posted...
  11. Are you sure they have taken you to court? The Court would send you all details of the claim / case against you. It is a big deal. The claimants (Mortgagees) would have to explain the case against you in full. They would have to show the court any evidence to prove their claim. You both have to adhere to strict timelines imposed by the court. You would be told, by the court, what date you had to have any evidence in by.... Etc., etc... The Mortgagees / solicitors also have to comply with what are called "pre-action protocols" They do not appear to have done any of this??? Paying an extra amount towards the arrears each month, on top of your regular monthly payments - is usually an option that companies are happy to accept - although you will have to complete and Income / expenditure form (so they can see that a. You can afford to make the payments and b. You're not just taking the mick... They might also have offered to allow you to have the arrears added to your loan capital (capitalising the arrears) and paid back over the remaining period of the mortgage? You will end up paying a much larger amount in total - but your actual monthly payment will only increase by a couple of pounds or so... Whatever the option you would need to contact the court... By the way, as defendant you can have the case moved to a court nearer to you... Think I'm rabbiting on a bit now, and it's late so I'll stop, but hopefully you will get the gist....?
  12. Just had a thought...Could they have paid you benefit for both your former and new address while you were 'crossing over' so to speak? It maybe that a "jobsworth" has decided they didnt have to cover this time? When we signed for our new tenancy - we applied for HB, although we had to pay rent from the date we signed, we couldnt actually move in for 3 weeks (Im disabled and some changes had to be made for me). We were given HB, but then on a "Quality Assurance" check the jobsworth decided that they were not "legally" obliged to cover the rent / CT for those weeks - so they took 'their' money back and we had to cover that period ourselves (how charming of them). Even a letter from our MP failed to change their tiny mind:mad2: L
  13. Sorry Cookie, I really dont want to worry you – but an Interview under Caution is a serious matter. Very few people (other than police) have a right to conduct taped IUC’s and it is considered to be evidence for court, if they decide to prosecute. There is a thread on these boards under the title of: Interview under caution – some advice This might help... Another thread (though may not be so helpful – given some of the advice): Interview under caution – incorrect allegation of benefit fraud Again, I would repeat my earlier advice that you make an appt with your local CAB or Welfare Advice Centre and ask their advice – ‘though you dont have much time now. They dont set these interviews up as “fishing” expeditions – they do think that they have found something. It may be something simple that you failed to disclose, or didnt know that you should have declared. The interview is to gauge your response when they reveal whatever it is that they think they have found. You should bear in mind too that they also liaise with other 'departments' to gather information (e.g. NHS,Council, HMRC, Credit Reference Agencies, etc...). Basically, anyone on benefit loses their right to privacy:!: Sorry, I tried to set up a link to the above threads - but managed to lose all of my reply and had to start this again... (doh)... I haven’t qualified yet to insert links, so you will have to take the ‘long way round’. Hope I've not missed anything out! Best Wishes, Lena
  14. Hi, I have been on ESA since last year. I have Arthritis,Ulnar nerve compression (like carpal tunnel, but trapped from elbows), Raynauds syndrome, Backpain and Fibromyalgia / ME. I mobilize with great difficulty - using crutches. The fibro affects my memory and concentration. I also suffer from "dry eyes" and photophobia. I lose my voice frequently too. My hubby is my carer(24/7) with some help from the kids and family/friends. Attended medical last year and given ESA - but doc "lied" on several points, ignored my joint probs and said my slow walk (with crutches) showed I had depression:!: but would be better in 12 months. This is bad enough as it cost me DLA too and now we have no car, I am trapped at home as cannot manage public transport (I have tried). Recently had another ESA50 - completed by Welfare Sol. Although I couldnt go to him - he has known us for a year now (the firm are acting for us in another matter). Now I have another medical due on Monday! Problem is that I have just received my copy of the ESA50 and my welfare rep has made errors on form! Meds are wrong - but not worried as that easily rectified. I am worried though at other entries. E.g. he has said I can sit in straight chair(no arms) for over 30 minutes and can stand / sit / move to another seat without help!?!? No,no,no.... I can't - I need help! Does anyone have any advice / instructions please? Should we ring DWP / Atos to postpone? They did send two ESA50 forms - so I have another we could complete ourselves??? The last doc Was believed by everyone (DLA/DWP) - despite me providing GP and Consultant Statements. Now it seems my new form will confirm he was right?!?!?
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