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manchestman

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About manchestman

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  1. Obviously not the answer I wanted, but thanks for your precise response and you were spot on with your estimate of my first mortgage too. How i wish I had just moved house and got a new mortgage at the time! oh well ... at least I know my options now, and they are limited and drastic as staying put isnt an option. The barmy thing is that it will cost the DWP more in housing benefit when I get somewhere to rent, and my daughter has now decided she has to leave me and live with her boyfriend in order to save money because she cant afford what I'm now asking off her. Anyway, I appreciate the fact you took the time and trouble to read such a long message! Unbelievably, your answer actually cheered me a little. I had been feeling a bit down after posting the same question on MSE and getting first a spammer and then 'personal' advice such as tell my daughter to ship out unless she coughs up more etc etc.
  2. Hi, I did post in MSE but replies didnt seem to be too helpful so far. My question is about my Income Support award of £2.10 per week that DWP is basing on my original mortgage. I also receive Incapacity Benefit. Can I successfully appeal this decision on the grounds it should be based on my remortgage of January 2008 and on my present payments or am I completely doomed? I am sorry if I seem to waffle on and also if I have posted in the wrong place. I am unable to work and I am long term physically and mentally ill and have received incapacity benefit since June 2008. I live alone with my 23 yr old daughter in my own mortgaged house. She works full time for the police but sees to some of my needs before and after work. I have only just been awarded Income Support of £2.10 (from 23 Nov 2011) to help towards my mortgage interest despite asking for help since the beginning of my claim in 2008. I also receive £188.50 Incapacity Benefit every 2 weeks (£94.25 per week). My basic history is I bought the present house in 1997. In 2006 I set up and ran my own unsuccessful online business until a few months before my illnesses began. I lost thousands after two foreign suppliers went bust and disappeared. I was then presented with an extremely large VAT bill so remortgaged my house in January 2008 for £128,500. My monthly mortgage payments are now £715 per month, but I am trying to change the type of mortgage to reduce the monthly cost. Shortly after this I became very ill but could not pluck up the courage to overcome my mental problems and make a benefits claim. On 28 October 2008 I telephoned to claim Incapacity benefit and ask for help with my mortgage payments. Told it was now ESA and I had to claim ESA and fill in ESA form. I specifically asked about mortgage help saying it was a worry to me, told it was looked at automatically on ESA form. Also told them in detail about my illness and how difficult it was to concentrate or undertake normal day to day tasks and how the heavy medication kept me dosed up. Claim backdated to June 2008. There follows lots of confusion as to whether I am on IB or ESA. In February 2009, I write and ask why I am still getting no help with my mortgage? I am told I should have been assessed for Income Support at time of claim but wasn’t and I can only claim and be given help towards my mortgage once my Income support assessment has been disallowed (which I never understood the logic of). They apologise for their ‘oversight’. At this time, my father is ill and my mother is dying. She is in and out of hospital and care home without my father who has to stay in his family home with visiting carers. On 2nd April 09 I receive a letter stating I am not entitled to Income Support. In May I write and ask for mortgage help again. 20th May 09 I receive a letter stating I may be entitled to mortgage help in the future in which case I should reclaim Income Support (Don’t forget, I have just been refused Income Support?). A few months later, I try again and speak to someone on the phone and try to make her understand my desperation and need for help with my mortgage interest payments. So, on 6 Oct 09, in response, they send me an ESA form and a letter stating ‘About your claim for Employment and Support Allowance’. I am totally confused and a complete loss as to how to be understood. Now followed a truly terrible personal time coping with my own physical and mental problems while trying to support both my mother and father, culminating in my mother’s death in March 2010. In May 2010 I write to DWP again trying to tell them about my utterly urgent need for mortgage help. This time they send me a M12 form for the very first time in over 3 years. which I eventually fill in and they make the award of £2.10 per week Income Support and only backdate it to 15 June 2010. They say they will only take the original mortgage into account and not the remortgage. They award me a total of £25.48 but with a disallowance because my daughter lives with me, means they say they will pay £2.10 per week I truly feel that I have been messed about and fed the wrong advice or lack of advice, right from the beginning despite warning DWP about my vulnerability. Should I have been given help sooner? If so, can I do anything about it? Can I appeal that they are not basing their calculations on the real, ie the present mortgage?
  3. HSBC is absolutely right. You are requesting a point of information, not proof or evidence. You can simply write and ask if they do in fact hold the original agreement. If they threaten you with court action then you can use the much more agreeable CPR to see if they do hold the original docs. Some very useful threads here: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-agreement http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here
  4. Doubt it will ever happen - but make sure you know where the 'on' switch is for your voice recorder!
  5. Hi Rob, I'm still in almost exactly same boat as you after Restons/HFC discontinued half an hour into the second summary judgement hearing, except my sols are Buchanan Clark and Wells at the moment (about the 5th change so far!). I actually feel quite sorry for buchanan because they "have a very limited time scale in which to resolve the matter given the age and value ... " and for the umpteenth time, I should expect a home visit to assess my circumstances blah blah ... Actually, I was quite impressed with the firm and the suppost they have on offer as they "are ready and able to help you and to direct you to specialist support organisations, but you must first help yourself by contacting us" On another quick note 2 days ago my neighbour received a call asking about me (not really a surprise at this dirty trick), but the caller then went on to actually physically describe me and insist that my neighbour must know me. Very disconcerting indeed. I don't think this was Buchanon but was Cabot (on another account) as according to my truecall telephone records they had called me twice about 15 minutes earlier. Anyway, Rob, your thread had always inspired me to fight Restons/HFC and I wish you luck in life as the statutory clock ticks away.
  6. Hi Dizzy, life can often feel desperately unfair and my heart goes out to you. However, as Andy says, unless you feel the adjournment could help you in your personal life, then they have had loads of time already to assess the 'complexities' of the case. Having to deal with this and finding it hard to concentrate could be a double edged sword and may actually help just a little to ease your mind off your little man for a few odd moments. I know it won't be for everyone but when I was 'swotting' for my court case and I found I had very large threads to negotiate through, I went to 'thread tools' and pressed the 'printable version' button. I then copied and pasted the whole lot into a word file and saved it. I then began going through the thread, deleting many, many repetitions, encouraging comments and stuff I would never use until I had a condensed version containing my main points and useful advice. I found it great for then reading through quickly and finding salient points. You could go one further and even write your own headings etc if it helped. Without reading your whole thread again, I still maintain that your one sole strong point is the claimant's lack of an enforceable agreement (please correct me if I am wrong?) and it is on this point that they will come unstuck and may need to go no further. I know time is a truly difficult thing for you to find but I have just come across a great thread by PriorityOne and only started in July this year titled 'Challenging Reconstituted Agreements...' . In just the first page, it succinctly puts some of the arguments you will want to know and use. http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&p=3503298&viewfull=1#post3503298 Good luck, Dizzy
  7. Hi Whata, yes, HFC discontinued in my case too because their docs were so obviously incorrect (fraudulent even?), though they certainly put me through the grist mill first! As regards advice as to what to do, probably best to listen to Citizen - I'm just too laid back and lazy to bother, knowing they can't touch me and my credit files are shot to pieces any way!
  8. I wouldn't worry too much about it. Seems normal practice and same thing has happened after HFC discontinued claim against me. It seems to have moved from one debt collector to another. Because they know the score, I don't waste my time in responding to any of them and simply file them all away (together with envelopes and date received). Extremely unlikely they would ever try to seek court permission to set aside the discontinuance - see link provided in previous post. You just have to remember even though they didn't proceed with the claim, neither did you win the case so the' debt' is in the same position as it was before the court case began - but this time you have the knowledge that their letters and threats have no teeth whatsoever. Seriously, don't worry, both you and I got the best result we could hope for and debt collector's letters should now be treated as an inconvenience only. Take my advice and don't get involved with them.
  9. Hi Dizzy and so very sorry for your illness. I can offer no concrete advice and only hope that Andy, GH or someone with the knowledge and experience will be along shortly to help. What I do know is that when you receive a WS or defence like this that refutes everything you have said or know and also seems to prove it too, is utter nonsense and is meant to scare you to death - it initially succeeded in my own case until I later realised most of what they said was just hearsay and twaddle! This is completely my own personal opinion you understand? But I am sure your 'agreement' issue is the key argument and I'm not sure whether you might get so bogged down in the default notice issue that you forget your strongest point. I take it that you have read and well clued up on the Clary case and know what they will bring to the table in their defence.
  10. Hi I usually use www.bailii.org to find any case law. I sometimes find their search engine a little difficult so you might want to google the case but look for bailii in results. Your skeleton is not strictly necessary so you will impress the judge by being very prepared. You could simply hand a copy to the other side when they reach court and that will surfice. I wish you a real lot of luck as you have been so hard done to. Practise everything you wan tto say again and again and make sure any references are easy to find and to hand by using 'tab's or whatever works best for you.
  11. My mistake about costs, and just shows I am not experienced enough to be blindly relied upon without your own clarification. The bit i meant that was pertinent to my own case, and which you should maybe write a sentence or two about your own instead of mine is as follows Also, although I am not very experienced, I do feel your own draft order is far too wordy and unweildy and therefore I would use the one I have left in at the bottom of the AQ. It is succinct and clear. As to time orders, I have no idea whatsoever how they work, but maybe Elsa might help? (Did you thank her earlier posts and 'tip her scales'? - )
  12. Absolutely, Dizzy 8-) All I meant was 'don't let them grind you down'! and, it is because of the lack of agreement that I think, just as in my case, they may withdraw before entering the court room.
  13. see if any of the following helps. Don't forget Undercover elsa's advice regarding time orders and that there will not have been a written agreement as such because it is for a bank account. In my own opinion, the best solution for you is an improved agreement regarding payments. If you continue on the 'court' route, you may end up with several thousands of pounds costs on top of your debt, so think carefully and look to 'time orders'.
  14. Frustrating? Absolutely! But don't let yourself get cut up over it - I know how frustrating and downright awkward Restons can be. However, having said that, do as you have done and just move on to the next step so your own mind is not consumed with it all. You still have a war to win, and my own gut feeling is that they will not go the full mile. It's just insane to commit to a trial with the costs involved for such a relatively small sum. Whatever you may think about them, they are a business and just like an insurance company they work on statistics and probability, and unless they have a iron cast case, they may well not want to go to trial either. Keep your spirits up and please don't let their tactics or incompetence get you sidetracked.
  15. Well done, Steve. I know the feeling about restons pre empting your moves which is why i also misled on my own thread a few times. God, it feels good to beat those xxxx's
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