Thank you for the replys...so it looks like there is nothing we can do. When will she be able to make another claim for ESA, her condition has not worsened, so i dont think she can put a new claim in now? I dont think she will meet the criteria for DLA, care or mobility.

Hello Please can someone give me some advice on what if anything we can do next..... My daughter's ESA has been stopped 2 months ago, reason they said she failed to attend her medical. - She never recieved an appointment to go for a medical. We have been asking for a home visit, as she has not attended in the past, as she cant leave the house when the time comes, but we have always rung up and explained the situation. ESA sent a letter asking why she had not attended - wrote back that she had never recieved the appointment, and filled in the form explaining. ESA then rang asking why not attended - daughter explained again about not knowing - woman said she would get another appointment through. Then she gets a letter from ESA stating she is fit for work and her benefit has stopped. I sent off a letter of appeal, and asked that a decision maker look again at the decision and re-consider. - Waited 4 weeks and she was told on Monday when she rang to enquire, that the decision maker refused to reinstate her benefits. She suffers from anxiety, depression and panic attacks, she is 24, and before becoming ill had worked full time since leaving school. Another of her problems is that she feels she is going to need the toilet if she goes out and that causes her to panic and she gets diahorrea. She has gone from a young person enjoying life to the full, holidays, driving own car, socialising etc, to a withdrawn recluse. Her Dad and i are just devastated seeing her living like this. She does have a supportive GP, and is on medication, he gave her a 3 month sick note when he last saw her which expires in January. They told her to claim JSA, but she is not fit for work at all, she had to come off JSA as she couldnt attend to sign on. So she is left with no money, and they just dont seem to care, luckily she lives at home and we will help her all we can - but we cant afford to support her financially indefinately, what if she was on her own with no support, its not right for vulnerable people to be treated like this, and she was told it may take another 6 months for the appeal to be heard. Please does anyone have any advice on what we can do.

Hi James once again our cases are exactly the same, I too have had same letter from courts, same dates etc. I am presuming that because I have not heard anything from Capquest.... that means the claim is now stayed. And the court letter states that the only action the claimant can take is to apply to a judge for an order lifting the stay!!!!!!! Hopefully we will get any more information as necessary.

Thank you citizenB - I am going to have a very good read.

Hello...Just wanted to say good luck. I too am going through just the same as this, dealing with the same people. I am a little further on with my case though, please have a look at my thread, I too have had some very good guidance and help. I would not have had a clue without it, and i was very very worried (still am really, as it is not over yet).

Hi just checking in to see if any news, I have had a reply from courts (posted on my thread). Just playing the waiting game now......

I have an update.... had a reply from the courts. CASE NUMBER XXXXXX CAPQUEST INVESTMENTS LIMITED - V - MYSELF I acknowledge reciept of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wished to proceed, the claimant must contact the court within 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. I have not yet heard anything from Capquest, so will wait and see what develops.

Thanks again for the above information, I hope you have a nice weekend too.

Hi James How are you getting on, have you submitted your defence yet? I just wanted to say good luck with your case, i have just done my defence online, its quite easy to do. I too went with the one in which you are not 100% certain it is statute barred (I am 99% though), and added the little bit you suggested at the end. So its just wait and see now what the next move will be.

I went for the one which applys if you are not 100% certain debt is statute barred - though i am 99%, though it better to be sure. Thank you so much citizenB for all your guidance, i have submitted my embarrassed defence as you suggested, including the additional part that you advised in James thread. I have printed off the reciept....just hoping i have done it correctly (of course i have i am just doubting myself..!!!!) I am just so grateful for the help i have recieved. Will wait and see what happens next.....

Hello.... I have still not recieved anything at all from them. What do you suggest I do now, the deadline is Monday 5th?

Nothing for me either.

Yes it looks like they have, very worrying..... but i am very interested to see what comes next too. I cant rest until it is sorted, its on my mind all the time.

Thanks again for all your advice... I will keep you updated.

I believe i now have until 5th July (which will be 28 days from date of service = 7th June). Can i submit my embarrassed defence via email or will it have to be a letter? - just wondering how long i will have, if Legal & Collections dont reply. Thanks.