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waddington24

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  1. hiya dx100 sorry for interupting here, but whats the point of a cca request if they dont comply or there isnt one ? i know that non compliant cca requests doesnt mean that a debt is not owed.but it does make the debt unenforcable if theres no terms or conditions to a debt then can the debtor simply say well i will pay you just £1 a month until the debt is clear ? i have read up cca requests and i get alternative feed backs as to the legality of the act and your rights under it kind regards .
  2. hi up2meers thanks for that will bear that in mind,my partner is now waiting feed back from the information commissioners office to see what happens next.regarding the breach of the other persons data sent to her.if cl or ge capital do not hold any documentation of an account how can they make any one pay whats owed when there is no proof of debt ? if that is the case and they are saying that although the debts not enforcable and she should maintain payments,she should be within her rights to say i will pay you £1 a month from hereon until the debt is paid,no agreement no agreement of payment shedule. will take a look rebel 11 thanks for that.
  3. hiya conniff it was a defaulted loan from about 7 years ago ,theres no ppi on the loan the original creditor was beneficial finance who sold the loan on to ge capital who gave her an arrangement to repay the balance due to financial difficulties she paid them for about a year they then sold the debt on to cl finance the only paper work she has received from them in the time they have had the account is regular statements showing amount paid and outstanding balace thanks again.
  4. her payment isnt due for another 2 weeks the remaining balace is about £2000 and she pays around £30 a month the £1 fee is being returned to her as they have,nt provided her with a copy of the agreement and confim in the letter there isnt one but to still pay what she owes and at the rate she has been paying other wise it will go to a debt collection agency and late payment fees will be incurred. thanks conniff
  5. my partner has an on going arangement with cl finance a debt that was sold to them by ge capital 5 years ago, in september of last year she requested from them a copy of the agreement cca request 77-78 and paid the £1 fee for this request,after sending them countless letters complaining that this request was still outstanding they finaly sent a copy of the agreement in febuary however the agreement was for another person,showing details of loan account, bank details etc..this was a clear breach of some one elses data protection, she contacted the people whos data had been breached and posted the document to them explaining what has happened,they have since complained to cl finance and the information commissioners office, she also wrote a letter of complaint to cl fininace about the breach of some one elses data and the fact they still had not sent to her a copy of the agreement she requested and gave them 28 days in which to rectify the matter,she finaly recieved a letter on thursday confirming thay do not hold a copy of the agreement and have contacted ge capital for a copy and they also do not hold a copy,the account number my partner has is the same as the persons whos data had been breached and this was printed off when my partners account details were entered for a copy of the agreement,but the member of staff dealing with the agreement didnt check that the details were correct and just posted it to her,however in their letter they explian that although the agreement is now unenforcable,she still has to pay the debt other wise they will send her details to a debt collection agency and mark her credit file as an unpaid debt and they say this is what the office of fair trading would say if we contacted them about this ? and to keep up the repayments now if this is the case,does she continue to pay or stop payments altogether ? she has complained to the information commissioners office and working with the other people whos data had been breached to make a formal complaint,in fact they have become good freinds through this. many thanks in advance.
  6. interesting reading here.me and my partner have just been sent a 7k refund of payment protection insurance.my partner works full time and pays tax.however i,m currently in reciept of employment and support allowence.this is a joint account.does this mean when we put this money in to our joint building society account i will be taxed as i,m on benefits ? if so what rate would that be at many thanks.
  7. hya eliotnpt yes it was backdated forgot to mention,which was even better.although as you know in one hand out of the other.fact of life i,m afraid,i have made an appointment.your right what you say.better to be safe than have more aggrivation.and will send them further certificates.and just wait and see.wouldnt have bothered if i had not had the courage to appeal. thanks to people on here.kind regards.
  8. markwelly i know how your feeling as with every one on here being punished for being ill as far as i,m concerned,i know there are those that like to play the system but do you think that any one that pours their hearts out on here are,nt in genuine need of help i certainly do.i was so relived to find out today i have been awarded the assesment rate until my appeal is heard. well that will help catch up with the bills having no money from november is totaly disgusting.stick with it mark.there are a lot of people on here to help.
  9. just a quick update i have recieved a letter today saying that until they have made a decision regarding my appeal they are going to pay me the assesment rate £67-50.they say they will let me know if ,they will require any more medical certificates.,should i still send them any how with out them asking for them.? so now its a waiting game to see what happens next and how long that likely to take.but for now,at least i have some form of income which is much needed. many thanks to the people on here.
  10. many thanks eliotnpt its just a case of waiting and see what happens from now.and if my appeal is turned down ill appeal against that decision to.i have always worked up until the last 5 years and it makes you realise just how difficult they make things for you to claim anything at all and yet there are those that simply abuse the system and get away with it.genuine sick people dont deserve the way they are being treated.but thanks for your input very much appreciated.fingers crossed
  11. i have been to see my gp today and he has given me a medical certificate for 4 weeks.and has told me to return in 4 weeks time.for a re assesment of my mental health and medical condition i have sent this in by recorded delivery.and have requested that until such time iam able to claim esa at the lower rate until i return to see my gp and my appeal is considered.my gp has also given me anti depressants and have been also asked to complete form phq9.this is to assess my mental health and will help him decide on a further course of action to follow.should i have asked him to make my medical certificate until futher notice or is this standard until i return in 4 weeks.iam not to clued up on how this works as i have never been asked to send one in before although iam aware of the new changes made from incapacity to esa. kind regards
  12. thanks for your respone.i will do that as soon as possible..in all the time 5 yrs that i have been claiming incapacity benefits,i have never been asked to submit a medical certificate, just attend the medical assesments when atos have sent for me and they have made their decisions from the assesment so that is why i didnt send one with my appeal letter. many thanks eliotnpt
  13. hiya just an update regarding my appeal i sent in my appeal by letter and have recieved a response from them telling me,to obtain a medical certificate to back up my appeal,its also says that if appropriate they will revise their decision in my favour and my appeal will lapse and not be sent to the tribunals service..but if they can not revise in my favour they will send my appeal letter and papers giving their reasons to the tribunals giving their reasons and evidence, and will send me a copy of their decision.how ever they havent said that my esa will be restored while my appeal is in progress which is what i thought happened while your appeal was being heard.i have not claimed any other benefits such as jsa as ,it seems im not sick enough to claim esa but to sick to work.so iam stuck.on what to do next i will go and see my gp after christmas and obtian a medical report,i did ask for a copy of thier assesment in my appeal letter but this hasnt been sent.should i have been allowed to have my esa rstored until this has been dealt with .thanks in advance.
  14. will go and see my gp as soon as possible,i didnt know if to take the copy of my medical report with me however i suppose i can go back and see him when that arrives,and will phone them for a copy of this tomorrow,i didnt know if i had to request the report in writing ,but ill certainly ring them first thing. iam not use to benfits and the way the law stands,i have always worked apart from the last 5 years and when i did become ill it wasnt my decission to stop work it was my doctor that told me to cease working the unfortunate thing now is i have a new gp as the other ones retired and have never met him.i like every one else here am its not a case of wanting to be idle and expect to live off benefits for ever and would go back to work tomorrow if i could ,but i know i wont make it,and iam sure if i was to apply for a job and was asked about medical issues that would put them striaght off me,as they wouldnt employ me with heart problems,so iam stuffed all ways,if this fails,jsa as my partner works full time dont know about working tax credits we have a daughter,and do get child tax credits.or income support i realy dont know.but kind regards for the advise realy appreciate this.
  15. many thanks for your response,yes it was a failed medical assesment,on the day of the medical i was physically sick as i had,nt been feeling to well on the morning of the assesment.the doctor took my blood pressure and said it was high,but not high enough to show her concern ! she finished the rest of the assesment asking my partner any questions.as i was,nt up to answering them and yesterday i was sent a letter saying my claim for esa will cease,i have claimed incapacity or esa as it is now for 5 years on the same medical grounds and have always been allowed my claim which realy does,nt make any sence at all,i will contact them for a copy of my assesment and will go and see my gp for a medical certificate to send with my appeal letter. kind regards.
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