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reallymadwoman

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Posts posted by reallymadwoman


  1. Finally all settled, thanks to everyone who gave advice.

     

    The best single bit of advice I was given was not to apply for Letters of Administration but to deal with everything informally as there was so little in the estate and it was clearly insolvent. Most creditors have just written off the debts, it obviously wasn't worth their time to get 10p in the £, the only ones that didn't were Capital One, Vanquis and DWP.

     

    Had I done things formally, then I'd have had to supply endless bits of paper to DWP in particular to prove every penny. As it is, I included a line in the settlement letter stating that in view of the amounts involved I wasn't prepared to enter into any further correspondence or supply any documents, i.e. take it or leave it. 

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  2. Sod's law, the minute I finished drafting the complaint, they replied. Finally. They're still asking for nearly double what I think they're due but they've also said that if I don't apply for Letters of Administration (I won't) they can't enforce repayment and can only rely on my honesty to pay them. However, because they can't enforce they also can't accept a dispute over the amount ....

     

    I'm tempted to give them £50 and split the rest between the more co-operative creditors.


  3. Barclaycard have finally responded and they are writing off three separate accounts totalling more than £5K

    - I'm sure this is entirely from the goodness of their hearts and nothing to do with my 'prove it' letters.

     

    DWP, despite their initial insistence that they be repaid even before the funeral was held have now ignored me since 7th February. I've sent 3 reminders, the last via a tracked method so I know they got it. Until they respond I can do nothing to settle the Estate and I'm starting to get 'gentle reminders' from some of the other creditors plus I want this sorted and done with.

     

    I can't believe DWP would write off any balance, but it's surely not reasonable to just ignore me until they can be bothered to respond? Any suggestions?


  4. If it's a [problem], it appears to be a very clever one - no obvious spelling or grammar mistakes, addresses etc appear to be genuine, even the typeface appears to be the same as any other official French notice. 

     

    I presume it was sent to your UK address implying DVLA have provided it to the French authorities. Like you, I had no idea they could do that.

     

    A thought

    - is it possible that they've got your address from a previous 'incident'?

    Making no admissions whatsoever,

     

    I know they copy every detail from your licence etc if you're stopped and if I were the French government,

    it would make sense to me to enter all those details in a database in case of repeat offences.

     

    Moving into conspiracy theory territory, the ferry company has your registration number and your address .....

     

    I'm sure I would have heard if they were finally able to access DVLA data and I haven't.


  5. Following a recent reassessment, I was awarded suppport group for 2 years. DWP say I can't ask for mandatory reconsideration of the 2 years as it's not an appealable decision.

    Non-appealable decisions are listed in annex E of volume 6 of the Decision Maker's Guide (06041) but I can't find anything relevant there.

    Can anyone suggest how I proceed? 

    The decision was based solely on an ESA85A which only considered one descriptor as the decision maker for some reason did not have access to any of the medical evidence or my ESA50. I actually meet 4 support group descriptors and should meet the severe conditions criteria.
     

     


  6. Still trying to deal with this.

     

    I wrote to all the creditors I was able to identify, some have responded, some haven't so I've today sent chaser letters as I know that there will be an outstanding balance to pay for at least 2 of them. I also put the notice in the Gazette, the time limit for that runs out in about 2 weeks. 

     

    If some creditors are simply not responding, how many times do I have to write to them before giving up and assuming they don't want any money?

     

    Incidentally, DWP still haven't bothered to justify their demand despite two reminders.


  7. Fairly predictably, I've had a response to my complaint (but not even an acknowledgement of the request for mandatory reconsideration, which was in the same envelope) which doesn't actually address what I was complaining about but gives a load of irrelevant and patronising information about the WCA process. Why do DWP employees assume that a benefit claimant who is disabled must also be 'intellectually challenged'? It's offensive.

     

    No mention of the DM not having any of the evidence before making a decison.

    No mention of them not even bothering to tell me the outcome - and they still haven't even though it was more than 2 months ago.

     

    I can see this turning into another widescreen epic with the complaint to the Independent Case Examiner having an outside chance of getting a decision before the appeal is heard. 


  8. So far as I am aware, PIP is always paid every 4 weeks and I've never before heard of anyone being paid monthly. For example, I am always paid every 4th Thursday, so is your wife being paid on, for example, the first of every month rather than on a specific day?

     

    If your wife is only being paid monthly then she or you need to contact DWP to query it.


  9. I am receiving help with the court claim against Maximus, however I have just been provided with some of the information I asked DWP for on 4th December and I now have yet more issues.

     

    The decision maker admits he/she didn't have my ESA50 form or any evidence other than a very brief report from Maximus, but still though it OK to make a totally ridiculous decision based on a MED3. The last time I had to send in a sick note was in 2005, and I don't think they were even called 'Med3' then. The decision, though made over a month ago, hasn't actually been communicated to me. Can I do a mandatory reconsideration request anyway?

     

    The advice from Maximus was on a form 'ESA85A'. There's no space for any details of what conditions I have or what medication I take etc, just two paragraphs saying what points I score for one descriptor, no mention of any others and the prognosis given in the 'prognosis' section differs from the prognosis in the 'justification' section. Is this normal? Shouldn't there be more pages (it does say page 1 of 2, the second page is blank apart from a signature and date).


  10. You can apply for exemption from paying vehicle tax if you get the:

     

    higher rate mobility component of Disability Living Allowance (DLA)

    enhanced rate mobility component of Personal Independence Payment (PIP)

    War Pensioner’s Mobility Supplement

    Armed Forces Independence Payment

    The vehicle must be registered in the disabled person’s name or their nominated driver’s name.

     

    It must only be used for the disabled person’s personal needs. It cannot be used by the nominated driver for their own personal use.


  11. Maximus have now provided extracts from some of the information I asked for and have 'reviewed the file'. Despite this they insist they no longer have the information as it was all passed to DWP on 2nd January so either someone has a very good memory or they're lying.

     

    They've also effectively admitted to negligence (asking me to attend an assessment centre) and disability discrimination (insisting on a GPs letter to get a home assessment regardless of what other evidence they have) and made a derisory offer of compensation.

     

    I'm happy to take this to Court if I have to. I can draft the Particulars of Claim and deal with all the paperwork, however I am seeking support from an interested organisation as I would like a legal bod with experience of discrimination claims to check the particulars over and I will need assistance at Court. If anyone knows of an organisation that might be willing to help, please let me know.


  12. Might it be possible that the information isn't being provided because it doesn't actually exist? Just because they say this doctor did an investigation doesn't mean that, even if he actually did, it was anything more than a quick read of the assessment report and a 'that's fine' comment.

    I have now had 'investigations by the Chief Medical Officer' into 2 assessments, in neither case have I or the Independent Case Examiner been provided with any evidence that the investigation actually happened. I suspect it didn't, I doubt the Chief Medical Officer has time to thoroughly investigate even a tiny proportion of complaints about assessment reports.


  13. I've got sick of being passed between DWP and Maximus and made this a formal complaint. I originally asked for one piece of information in connection with the original complaint which Maximus refused to disclose unless I made a formal SAR request to DWP. I thought it would be easier to just do the request rather than argue about whether it was appropriate to insist on one in that situation.

     

    As Unclebulgaria has pointed out, as the assessment process hasn't yet been completed, DWP can't give me the information because they don't have it yet and they appear to be incapable of telling Maximus to either send it to DWP or (more reasonably) send it to me direct. This has now been going on for 2 months and so far as I am aware there's no exemption from the GDPR time limits for this sort of situation and it shouldn't be up to me to repeatedly chase after two different organisations. This has so far involved 3 letters to DWP and countless emails to Maximus and to be frank I have much more important things to do at the moment.

     

    I'll update if/when I get a response.


  14. I have another issue which I hope someone can assist with.

     

    There was an ongoing complaint with the Ombudsman Service in relation to one of the deceased's accounts which has now been concluded. They are paying £25 compensation for their own failings, and have recommended that the creditor involved pay £30 compensation as a credit to the account. I think that as that particular creditor is likely to get 20p at best, the £30 should be paid to the estate and distributed proportionately, but they won't agree.

     

    Should the £30 be paid to the estate? Is there anything I could say that might convince the Ombudsman service of that?

     

    Is it even worth the time and effort to argue about it or should I just tell them to jog on as that's all they're getting? I'm concerned that even though it's basically a trivial amount someone could be upset about me effectively giving it away. On the other hand, it's £30 which I don't mind paying myself if I have to.


  15. Thank you Ethel for the comprehensive reply.

     

    The estate is almost certainly insolvent, in fact if DWP's figure is even close to correct then they'll be lucky to get 10p in the £.

     

    I appreciate that I have no legal duty at the moment to deal with this, but if I don't no one else will and my Mum will end up getting all the hassle as the deceased lived with her before going into a care home so that's the last address on file. I'd love to just pay a solicitor to deal with it but the deceased's entire estate is less than £4000 once the funeral costs have been paid so it seems a bit overkill. There's no property, his car is already back with Motability and his personal belongings, mainly clothing, are of little to no value.

     

    Apart from DWP there are a couple of credit cards with small balances that I do know about and perhaps one or two more that haven't contacted the deceased for a while - his affairs were neglected for some time before he was diagnosed with dementia and things did get a bit out of hand.

     

    I hadn't realised that I would have to apply for a court order though I was aware that I could be personally liable for some of the debts if I got things wrong. As (so far as I know at the moment) the only debts are unsecured and of the same priority, I thought I'd be ok so long as I put the notice in the Gazette to try to identify anything else.

     

    Are you able to give any further advice re the Court Order or should I just get a solicitor? I suppose if they get most of the estate in costs at least DWP won't get it.

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