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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Interview Under Caution. I feel suicidal please help


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Hi

 

I am really looking for help. Please don't judge me as I've made a horrific mistake & terrified I lose my son. I will try to put everything down and hopefully it makes some kind of sense.

 

I lost my job in July 2010 due to my mental health. I suffer from bipolar affective disorder and I have went through many episodes of either mania or severe depression. I didn't bother getting legal advice for losing my job as at the time I was so weak and all I wanted was to sort myself out for my son.

 

I applied for income support (over the telephone) as well as housing benefit and council tax benefit.

 

I did not want to sit about so applied for as many jobs as I could. I eventually got offered employment however my probation period was from August 2010 to January 2011. I continued to recieve income support as well as housing benefit and council tax benefit.

 

I was also, during this period of time until now trying to support my mother. She left my father and entered into a volatile relationship. She became an alcoholic and on 4 separate occasions from 2010 to the present day she has tried to commit suicide. One of which I watched my mother on a life support machine for 3 days being told by the nurse in the intensive care unit she may not come around.

 

I was trying to look like I could handle everything life was throwing at me whether it be my own mental health, my son, my job or my mother. In reality I was falling apart inside. I ended up hitting another depressive episode which has gone on for some time.

 

I genuinely forgot about the benefits which I was claiming. I had to take 3 month off work with no pay as I took a breakdown. I recieved a letter in July of this year first from dwp informing me they had overpaid me income support by £5149 I did not ignore the letter. I called straight away and offered to pay back £150 a month. An amount I can barely afford but I wanted to sort it out as quickly as possible.

 

Then in September of this year I recieved a letter from the council claiming they had overpaid me housing and council tax benefit by £9500. I felt I'll! I called straight away to ask how this could be and they said it was due to me not declaring I was working however I still am entitled to housing and council tax benefit?

This made no sense so I wrote a letter to the best of my ability asking them to re look at it.

I was told over the telephone that they were correct and I was due back £9500 to them.

I re wrote another letter asking them about underlying entitlement and going by this it looks as if I am only due back £720 to the housing and council tax benefit.

 

I wish I hadn't bothered. I have now been asked to attend a joint iuc.

 

I honestly feel like ending it all. I have made a terrible mistake and I'm so sorry for what I have done. All I was thinking about at the time was trying to look like I had a hold on everything I.e my life my mum my son when In fact I didn't. I just went on auto pilot and didn't sleep or eat for weeks.

 

I hate myself for what I have done and feel my son is now a target through my stupidity and not thinking clearly.

 

I don't know how to handle this or anything.

 

I spoke with a solicitor who told me to either go to the iuc and say no comment the whole way through or not turn up? Why I have done something very wrong here? Why would I do that and waste peoples time? I would rather be honest with them hold my hands up and tell them what's been going on in my life. But would they listen?

 

I'm so scared. I have never been in any kind of trouble in my life. All I've ever wanted is the best for my son and try to support my mother who is not the mother that brought me up. I am trying my hardest to bring that mother back however she is in such a dark place it sometimes feels like I'd be better off talking to a brick wall.

 

I don't want to go to prison. I wouldn't last 5 mins there. I'd rather be dead than go there.

 

I've let my son down so badly. God knows what he will think of me when he is old enough to know what I have done.

 

I prepared a written statement for the iuc saying all of the above.

 

What should I expect? Will this be all over the papers? I'm sorry I know I am rambling I just haven't got a clue and feel my energy is so drained.

 

Appreciate people reading. Thanks.

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Hi

Thanks for your reply I appreciate it.

I just feel saying no comment makes it all look worse. I don't know maybe I'm wrong but the solicitor didn't even know any background info. I called him and as soon as I said I was to attend an iuc he said you have two options either don't go or go and say no comment. I advise all our clients this. I just feel that's wrong.

I will call my psychiatrist and cpn first thing in the morning for a medical report. Thanks

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Can you cpn attend with you? I would go and be honest myself as the facts are the facts. They should take your mental health in to account when dealing with the overpayment. I have a friend with severe mental health issues and she accrued an overpayment of £34,000. She went to her IUC with her cpn, they are expecting her to pay it back at an affordable level but she has not been taken to court and has not been in the papers. Given the amount she owes I am sure that is due to her mental health issues. Going with your cpn will really help. You will be ok, you will get through this.

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Thank you abc123def.

 

I really wish I felt like I could. I will ask my cpn to attend. I fully appreciate I have done wrong and feel like an idiot for doing this to my son but at the time I honestly never thought anything of it as I was going through a period of mainia then depression and I was also trying to deal with my mum.

 

I am disgusted at myself. Why did I not see what I was doing was Wong? I just don't want everyone knowing my family situation and what I have done via papers. I've protected my son from it all as he is only a baby (5yrs old) just started school. I don't want him ever finding all this out. Least of all through papers.

I feel so drained with it all tbh. I have no one to blame for everything other than myself.

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Before anyone says im advocating avoidance of payment, im not.

 

If the council realises you lacked the mental capacity to handle your financial affairs im pretty sure they wouldnt risk going anywhere near court. (This has happened to me and the Council got nothing)

 

My local council operates an Council Tax exemption scheme for those on certain benefits for people with mental health issues, you should enquire if this is the case for you. It would probably mean getting a form signed by a Doctor stating when the problems started from.

 

I would be inclined to get some serious legal advice regarding lacking the mental capacity to handle your financial affairs at that time. ( Im suggesting this because the way you have phrased things.) I would also talk to them about the possible consequences of claiming this.

 

In some ways i get the feeling that iuc is more like a procedural event that makes you feel like crap and causes alot of additional problems.

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I don't have anything legal wise to add, but please get some help from your doc. I had to get some Diazapam for the interview, like you I was ready to walk under a bus & spent most days working out how I could do it & the best time to. I was worrying about all the same things, newpapers, jail etc. All rationality goes out the window x

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I would contact the DWP or the council (whoever has sent the letter) and tell them that you suffer from Bi-Polar. They should not interview you under caution without someone being with you. They will either have to sort out what they call an 'appropriate adult' or arrange for you to take someone with you.

 

I would also, if possible, get something from your GP to support you.

 

If they go ahead with the interview and you find it difficult to say everything that you want to, or might get too upset, it is worth writing everything down - give the letter to the investigator and ask them to read it out on tape. They can still ask you questions after that but at least you will have got your point of view across.

 

Solicitors, in my opinion, always tell people to answer no comment. Sometimes that is the correct thing to do. But sometimes there is an explanation for things and without you giving your side of the story then the investigators having nothing to go on other than the bald facts.

 

You can always ask for the interview to be postoned but I would say that the first thing to do would be to ring them, tell them about your mental health issues and say that your are going to speak to your CPN.

 

Good Luck

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Im sorry if it gave the impression that it was similar to my circumstances , they were not. It was an attempt as why councils may wish to avoid court.

 

Exemptions from council tax are probably the least well known help to those who are in certain circumstances.

 

http://www.waverley.gov.uk/info/200028/council_tax/176/council_tax_exemptions_discounts_and_reductions

 

thats just one example of a random Council showing some form of exemption. Bound to be plenty of others.

 

With respect to the legal advice, i would still advocate that. It isnt about avoiding paying, its mainly to make a person aware where they stand legally . Councils do have a habit of not knowing their own rules. As you can see a 'ring up' general legal advisor was not exactly helpful. I qualified what i said about about legal advice because without prompting from other posts the way things were said by the op.

 

Maybe a charity maybe able to help with some advice.

 

http://www.mind.org.uk/

 

Thats was top of the list in a search for bipolar.

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Hi everyone

 

Thanks for spending the time to read and give me as much advice as possible. I feel like my head is all over the place. I have called my CPN and awaiting a call back.

 

I am going to see another solicitor tonight who seems helpful this time.

 

I just cannot believe the mess that I am now in and all I was doing was burrying my head in the sand to deal with everything else.

 

I have been paying back the DWP £150 a month since July.

 

I have also asked that the IUC is re arranged and they have said that they will re letter me with another date.

 

God knows how I will cope worrying about when the next letter will come in.

 

I know I have make a huge mistake here all i want to do is sort it out without everyone knowing about my illness and my family issues that I have also had to deal with over the past two years. :-(

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Thank you all so much for all the comments. I really do appreciate all your help and it is nice to know that there are people out there who do care.

 

I just feel so low with all of this and all I want to do is protect my son from everything and I do not want my family involved as we have all had enough to deal with with things to do with my Mother.

 

I am seeing a solicitor this evening at 5.30PM so I will let you all know how I get on.

 

I really hope I can get this sorted and the DWP and Council do see that I have a disability. I have called my Psychiatrist also who is providing a letter for them.

 

I have prepared a written statement for the DWP and HB department however I do not feel brave enough to read it. I would probably cry the whole time and it would not even make sense.

 

Wish I could get my act together.

 

Jadebags I am not allowed Diazapam as they are too addictive. I am on a lot of medication just now such as Depekote, Quetipine sleeping tablets and Buspirone for my nerves and axiety.

 

Just wish I hadnt made such a stupid mistake. I know I deserve what I get and I will pay every penny back that I was not entitled to but I could not face people ever again if they knew my family history through papers or anything else. I do not want my son to live with all of this either.

 

Such a mess :-(

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Hey Honeybee

 

Thanks. I just feel there is a black cloud that follows me no matter what I do everything goes wrong and I affect everyone around me. I really hate myself for this.

 

Im so scared of this being in the paper and everyone knowing everything about me and what a mess Ive made of my life.

 

I feel slightly better after getting great advice from here. It amazes me how nice people are when they don't even know you.

 

Thanks so much and I will let you all know what happens tonight

 

x

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Wish I could get my act together.

 

Hello there. What do you mean about getting your act together? You've had a blinding day as far as I can see, look how much you've achieved. :)

 

Please stop beating yourself up. :hug:

 

HB x

 

Seconded! Couldn't have said it better. :grouphug:

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Todays newspapers are tomorrows litter tray liners..Whats done is done luv,,you accept it,you're dealing with it..It's the words 'under caution' that put the fear of Christ in people.

Go there..tell the complete truth backed up with your medical evidence and you will be ok.I can't promise you miracles but you will walk out of there knowing you told them everything . They won't sling you in debtors jail,,nor crucify you in the centre of your town,,you may not even get prosecuted. I would ask the DWP if they could reduce your repayments as it's causing you hardship.

 

Good luck hun :)

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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Thanks Lillibelle

 

I know you are right just don't feel like that at the moment

 

x

 

Once you know whats what,you will feel better,,it's the fear of the unknown. My Dad always said,,if anyone scares you (bank manager etc) imagine them sitting on the toilet !!! Strangely,,,it works :)

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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Hey all

 

well i have been to see my solicitor. she doesnt think im mentally fit for the interview and if i were to attend she would like me to say no comment the whole way through. she also advised i got medical letters explaining my condition.

 

she said that i will be prosecuted for the amount but very unlikely i will go to prison as ive never been in trouble before.

 

she also said to me to keep paying the money back as this will look better.

 

she said it will take well over a year to ho to court as they are dealing with this daily. (not sure how im going to cope for so long - she said put it out my mind, easier said than done :-( )

 

ive not to worry about papers as she said journalists are bored of this kind of thing now but only last week i seen two cases in my local paper for a lot less than me. one was for 2500 the other 3500.i realise i dont know the full story behind them but id imagine journalists will have a field day with me :-(

 

i need to wait on there next letter (from dwp) she said they wont rush it on my expense.

 

just feel terrible and would rather say yip ive done a big boo boo here. but i deserve what i get x

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