Hi Sequenci I have got myself into some hot water regarding some comments I have made in this forum, as you will probably note from my last post from yesterday. I think it is therefore better that I don't make any further comments on the matter. I am however curious as to why you are asking in view od this being an old post?

I refer to the above posting I made on the 01/05/08. I would like to make it clear that this was not a criticism of IBAS but of myself. At that time I was not aware of how much free information there was available regarding these matters. However I don’t think that personally I could have coped with the negotiations without the help and advice I received from IBAS. I would like to be clear that IBAS were very professional, they were efficient and patient when answering my many, many questions. With the support of IBAS I have been able to reach an amicable settlement with Bradford & Bingley without attending Court.

Thank you everyone for your help. I am just so confused now though I have been told by an advisory agency that as I have been making monthly payments for the last 4 years I have effectively accepted and admitted the debt therefore I do not have any grounds upon which to defend the claim. I have also just realised that these forums are public and obviously other organisations with ulterior motives trawl them and I might have made my identification a little transparent (I always was too naive) In my day job I support my clients to attend County Court hearings in respect of rent arrear and social housing repossession proceedings but do you know what I am scared to death of having to attend my own hearing - how silly is that

Hi PRMM thanks for your positive feedback. I hear what your saying. I heard from a retired fraud invetigator that years ago when DLA was an under claimed benefit (I remember the the Benefits Agency literally doing roadshows around the Country to encourage people to claim) the Benefits Agency in it's wisdom made a hige number of lifetime awards, and as you have noted now there isn't enough money in the purse to carry on paying these lifetime awards and to cover new claims as well. So alot of genuine claims are being refused not because they are not entitled but because of poor managment and organisational maladministration Maybe those MP's who are claiming hundreds and thousands of pounds in expenses on top of their already grotesquely inflated wages could redirect some of these public funds to more deserving people.

Hi Foggiepete I have read in the national newspaper today about a soldier who lost his leg in Afghanistan and he has just lost his DLA and his blue badge. He has been fitted with an artifical limb and the DWP now believe he is no longer entitled to DLA. Has the world gone mad, a man who gave an oath to queen and country to protect the nations interests is refused financial assistance to the Country who introduced the Welfare state. It makes me so Angry. I know working with people who have to survive on benefit income alone you need every penny you can get. In respect of your question do the DWP record every call? Not likely I have been to tribunals and they haven't even been supplied with all the correct papers. The tribunal will not look at the mistakes made by the DWP (you could save this for a further complaint) the tribunal is made up of 3 people a Doctor to ask you questions about your medical condition, a Solicitor to check any legalities and someone from the Care profession who will ask you questions about your care needs. They will basically ask you the same questions as on the application form such as do you need help with cooking a meal for yourself, do you need help during the night etc etc. What I would say is make sure you take a copy of all the relevant paperwork and then if anything hasn't been sent to the tribunal panel then you can present it at the hearing. Again and I know I am going on but it amazes me how the DWP can be allowed to make such bad decisions when it has a devastating impact on peoples lives. I really hope you are sucessful my most recent case is at tribunal on 03/06 I will let you know the outcome.

Thank you for that information that has been really useful, wot do you think about the issue of going to Court to ask the judge to reduce the amount of the claim in your opinion do you think this might be useful?

I am embaressed to say I paid £225.00 for membership to IBAS and they advised me and I quote 'there is unlikely to be any actual hearing and in any event there is the judge does not have any jurisdiction to make a decision on settlement figures. There remit is basic is there a debt or is there not a debt.' I feel I have had better advice on this website but I panicked and I paid for advice. I now feel they just want to get it settled as quickly as possible it is them that have suggested a starting offer of £7500.00. I want to pay as little as possible but I feel like I am a cheat for trying to suggest this. The interest they are claiming is from May 1997 to date (which is the completion date of the sale) Again thanks for all your advice.

Many thanks to everyone for your help. It makes me feel very supported and a lots less scared - thank you. Firstly the summons is in my name only, they have already provided details of the shortfall figure and interest etc in the Court papers so I can ask them to provide it again. I think I will try and push them for a samller settlement in the region of £2500.00 and if they refuse I assume they will proceed with the Court action. I have been told that it is not worth attending as the judge does not have any jurisdiction over the amount of the claim as the claim has been legally issed and the amount they are claiming is legally correct, all he will do is isssue judgement. Can anyone advise if this is correct or does the judge have any jurisdiction to reduce the claim? Again many thanks to everyone, I can't tell you how conforting it feels to have some advice and support from people who are on my side and don't make me feel like some master criminal xxx

I am currently trying to negoiate a mortgage shortfall debt settlement with the Bradford & Bongley they want £10,700 I do have some savings put by but I am moving to Ireland in September and if I have to give them my savings I will not be able to go, as I have already handed my notice in at work obviously this is a real concern for me. I have offered them £100.00 per month and they have refused this. It is due to go to Court next week, I am worried that once they have obtained judgement against me they will then be able to take my savings. Has anyone got any advice for me? Many thanks

Hi thank you all so much for your replies, it is a summons issued by solicitors on behalf of Bradford & Bingley, and it appears they have done their homework all the paperwork ie sale info etc is there and they are exactly 6 years interest! I am scared about going to Court in case my ex partner is there (maybe they issued proceedings against both parties?), I haven't seen him for 10years and don't ever want to. The offer of £7500 is a starting offer from the Solicitors. I have looked around at other information sites and they advise that the Bradford & Bingley rarely settle for 50-100% of the debt when there is an asset. However as I say there is no equity in the property so it is probably not worth them forcing me to sell. I am worried about my savings though as if they force me to hand over those I will probably not be able to emigrate to Ireland and as I have already handed my notice in at work etc this is really scary. Again many thanks for all your ideas and help xxx

This is terrible when I get started on DLA I feel like I could go on and on!!! But what I forgot to say was you could check with your local Council to see if there are any floating support schemes in your area and then you could get a housing support worker like myself and they would help you with forms, bebefit information and accessing expert advice etc. If you want any further information the just leave a post - Again best of lcuk and let's hope the tribunal remembers that your situation is exactly why the Welfare benefit sysem is supposed to exist in this country!!!! To help people suffering extreme hardship!!!!!!

I am really sorry to hear about your problems with DLA. I am a Housing Support Worker and in the past have tried to help many of my clients with appeals. A few years ago they seemed to be quite fair but within the last 12months thye have refused everything. It is disgustin that they are depending ona report from your GP, I have a case at tribunal on 03/06/08 (this has taken a year to get to this stage) she went from High rate to nothing even though she suffers from Cardiomyopathy a degenerative heart condition which cannot be cured. They had based their decsion on a report from her GP. She hadn't even seen that particular GP for 3 months!!! We urged them to get another report and she went in to see her GP and the 2nd report was just as poor and the GP never even asked her how her condition affected her on a day to day basis. I just think the GP couldn't be bothered. Luckily we requested a medical examination by a Doctor from the DWp and fortunately he was very sympathetic and has done a really comprehensive report. My client doesn't want to attend the tribunal hearing as she feels so intimidated by the panel. I can't say I blame her, the panel seem to start with the assumption that you are a benefit cheat and it is up to you to convince them otherwise. It is totally humiliating. From a financial point it is devastaing for the last year she has only been receiving £82.00 benefit. How could anyone manage on this even without an illness/disability. I don't know how the government can sleep at night. You might want to check out the DWP complaints proceedure as you can claim a small compensation payment if they have made a mistake which has resulted in you suffering a financial loss, I have never tried yet but it might just help you until you get your tribunal hearing. Best of luck to you I really hope you get what you are rightly entitled to

Hi I wonder if anyone could help me. I have received court papers from Bradford & Bingley for a mortgage shortfall debt from 11 years ago!!! Apparently I have been my own worst enemy as I contacted them approx 5 years ago as I wanted to do the right thing and settle any debt I might have with them - BIG MISTAKE. This means I accepted the debt, It had been a joint mortgage and they would not give me any information about the amount outstanding (if any) as we are both solely responsible for the whole amount. Anyhow I started making payments of £25.00 per month as I wanted to do the responsible thing and clear any debt and I have continued to make these payments - again I was my worst enemy as apparently evrytime I make a payment I extend the statutory time limit again to 12 years. I feel right and royally 'screwed' by the Bradford & Bingley. I feel they purposely witheld the settlement info from me in order to maximise their interest claim!!! The mortgage shortfall debt is £5700.00 and the interest is £6000.00!!!!!! I believe I cannot dispute the claim and I either have to negotiate a settlement and they are looking for around £7500.00 or it would go to Court and they would obtain a judgement against me and then probably put a charge on my new property, I do actually have some savings that would cover the cost of the proposed settlement. However I am emigrating to Ireland in September and I would be left with nothing (and Bradford & Bingley would have doubled the debt purely on interest because I tried to do the right thing and clear my debt ) There is no equity in my current property. I don't know what to do could the Court make me give them my savings? If anyone has got any ideas that would be great. Thank you.

Hi I wonder if anyone could help me. I have received court papers from Bradford & Bingley for a mortgage shortfall debt from 11 years ago!!! Apparently I have been my own worst enemy as I contacted them approx 5 years ago as I wanted to do the right thing and settle any debt I might have with them - BIG MISTAKE. This means I accepted the debt, It had been a joint mortgage and they would not give me any information about the amount outstanding (if any) as we are both solely responsible for the whole amount. Anyhow I started making payments of £25.00 per month as I wanted to do the responsible thing and clear any debt and I have continued to make these payments - again I was my worst enemy as apparently evrytime I make a payment I extend the statutory time limit again to 12 years. I feel right and royally 'screwed' by the Bradford & Bingley. I feel they purposely witheld the settlement info from me in order to maximise their interest claim!!! The mortgage shortfall debt is £5700.00 and the interest is £6000.00!!!!!! I believe I cannot dispute the claim and I either have to negotiate a settlement and they are looking for around £7500.00 or it would go to Court and they would obtain a judgement against me and then probably put a charge on my new property, I do actually have some savings that would cover the cost of the proposed settlement. However I am emigrating to Ireland in September and I would be left with nothing (and Bradford & Bingley would have doubled the debt purely on interest because I tried to do the right thing and clear my debt ) There is no equity in my current property. I don't know what to do could the Court make me give them my savings? If anyone has got any ideas that would be great. Thank you.