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Everything posted by WetCloth

  1. WetCloth

    HC5(T) Questions.

    I have mental and physical health problems which exclude the use of public transport, and I am reliant on a voluntary car service to get me to and from hospital and clinic appointments. The HC5(T) form states that the form be either submitted to the NHS hospital in question, or, in the case of referral a private hospital, submitted to your local trust. I have to attend both private and NHS hospitals - do I need to submit two separate forms (one to my local trust, one to the NHS hospital), or submit one form to my local trust? Also, will I have to provide proof that I cannot use public transport, or will they simply contact my GP on the form to verify? Many thanks.
  2. Fair enough, but the first time I was rejected and only won eventually because of a second submission by someone from the mental health team. It doesn't seem possible to win it on my own. I'll need to think about it. Not sure I can cope with the stress. Could you shed any light on what you originally said about the disability premium?
  3. Okay that makes sense, what's confusing me now is this: Does this mean that when I stop claiming DLA I'm going to lose the 28.85 disability premium on my IS? I was getting the disability premium prior to my DLA claim, so why would that premium stop? I don't understand? All this is rather worrying now. Would be grateful if someone could clarify whether this would stop or not. I'm not reclaiming IS, just being reviewed. I thought the disability premium was paid if you are out of work due to disability for more than 52 weeks, which would seem to have nothing to do with DLA? Unfortunately my GP's idea of 'support' is to write a diagnostic note about my condition and not to elaborate as to how my condition affects my life. Additionally, I'm being made to jump through hoops to get psychotherapy, with adult mental health services refusing to write supporting letters for those other than long-term clients. I've been out of the service over a year, and therefore don't have anyone to write a compelling support case for me. It's just pointless me even attempting to apply without any of the big guns to back me up.
  4. Hi, So the A2 form has to be returned by the 10th August, but my DLA ends on the 8th August. I am not reclaiming DLA for the time being due to a lack of available supporting evidence. Do I need to mention my DLA as a 'current' benefit, seeing as the deadline for form A2 ends 2 days after my current DLA claim? Many Thanks.
  5. Thanks. So what I really need to do is to ask them for a copy of the letter sent to me confirming the overdraft and its original terms and conditions. If they can't provide that then it's covered by the CCA as running account credit? What about Santander's original non-compliance to my SAR? Was about 18 months ago. I received acknowledgement of the request, but never got the information requested. I know I should have pursued it, but I was ill. Should I re-request or complain?
  6. Okay, I was under the impression overdrafts were covered by sec.78, but thanks for clearing that up. In terms of charges, the balance has not changed much since the account was passed onto the intial DCA, who were DML who I offered a small settlement figure to. They confirmed they had passed the account back to Santander. Santander did not inform me of their decision to pass the account to Moorcroft. I did make a subject access request which yielded no response from Santander, and I gave up because of the ruling on bank charges/failure to claim them back from Natwest, but that's another story. It was my account number, but I don't consider print outs of transaction data without my name, my address or a company logo on to constitute 'proof' of debt. Do you know what would constitute proof with regards to overdrafts? If it's not covered by the CCA, what should I say to them? P.S. no clue about the ferry, sorry.
  7. Moorcroft are pursuing me for an alleged overdraft debt owed to Santander. When asked to provide proof, they sent what looked like mini-statements with an account number on, but nothing relating to me by name or address. I made a CCA request at the end of January and received Moorcroft's standard 'McGuffick' letter back a week later claiming that the balance of the account remains payable and that demands for payment do not amount to enforcement etc. I decided to ignore this letter, but was then sent a 'litigation warning' from midas legal services who gave me a date to contact them by in order to avoid legal action. Should I just ignore it? Surely they can't take action if they don't have the documentation to enforce it? Also, I thought the implications of McGuffick with misrepresented by the media? Even the Times had to apologise. In fact, this case dealt with the transmittal of data to third-party Credit Reference Agencies in cases where a debt is considered to be "temporarily" unenforceable. The judge did not reach any view on cases where the unenforceability of the agreement is "permanent" or "irredeemable". We are happy to clarify the position. I guess this comes down to whether Moorcroft thinks the debt is only "temporarily" unenforceable. Their letter states they are 'currently unable to provide' an agreement, so I guess they're holding out for proof of debt or for me to cough up? Foolishly, I didn't send a letter saying they were in breach of the CCA. Should I still do this? What other course of action should I take? Should I just tell them to take a hike because they can't enforce the debt? Advice/letter tips greatly appreciated.
  8. Hmmm, looks like it might be a little more complicatted than I first thought... Which makes it sound as if you have to start pathways then elect not to continue. Seems to be confirmed here: What's the bloody point in calling out people who can barely drag themselves in for an initial WFI when they are already exempt from having to go to a medical because they're that unwell?
  9. Thanks Erika, looks like I get a free pass and the 2003 regs still apply, hopefully.
  10. I'm on income support with incapacity and have been called in by the local jobcentre to do one of these Work focused Interviews Having sent the the letter to the wrong address (my previous address of 3 years ago!) I only received notification that the interview is tomorrow yesterday. The advisor was on leave, so a message had to be left to confirm there was little chance of me attending the interview due to the severity of my condition. Earlier today I read this: http://www.disabilityalliance.org/f10.htm This aftenoon I phoned my local BDC who confirmed I was not required to submit myself to examination and was exempt, but she said that this was unrelated to the requirement to attend the WFI, and that I'd have to discuss it with the advisor when she returned tomorrow! Can anyone confirm that I should be exempt and direct me to any DWP literature confirming the advice on the Disability Alliance's website, or have the rules changed?
  11. Fair enough, although you did open by inferring 'people' were too bothered by their credit reference. I realise I'm flushed too far down the credit pan to bother about that. For me it's staying a step ahead of an order and all that entails. I'm beginning to think bankrupcy may be a good option for me as this is only one of many debts, and I'm unlikely to return to full-time work due to illness. Like you say though, bugger credit. I've had my fill, not that I'll be likely to run up that sort of debt again anyway. It just frustrates me that they'd rather accept £2 a month on a geological timescale than accept an up-front payment now.
  12. I'm sorry jimbo, but I don't want a judgement against my name. I'd prefer to be paying token payments via an arrangement with a DCA, than at he behest of a county court with the risk of losing some of my treasured possessions if I fail to pay. I totally agree that these people are ****, but not paying token payments and waiting for papers doesn't seem all that sensible to me.
  13. They've offered me a f&f for the incredible bargain of 100% of the balance, or to continue paying at £2 per month - that's compassion for you. So a debt which they bought for peanuts years ago, which they know pertains to someone with provable serious health issues who has no chance of paying it, gets a 100% settlement offer. I wonder if their 'agents' also like to pop ants with a magnifying glass, pull the legs of spiders or laugh and leave old ladies struggling with their shopping in the street. It seems the only satisfaction I'm likely to get now is if I top myself and send them a letter informing them they'll never get a penny, but I fancy living - even if it is in poverty.
  14. You think there's no chance of them accepting full & final settlement then? If they don't accept they can continue to get £2 a month until I grow old and die then. I am unlikely to be able to return to work for any length of time to pay the debt - my medical circumstances have been spelt out to them. I guess it's down to them to settle.
  15. Ok guys, great advice. I knew there was something fishy about the whole 'irrecoverable' thing. Sorry about the mega image; I can't seem to find an edit button. I think I'll simply restate my position saying they have until the end of the month to accept. Should I imply any flexibility on the offer amount or should I keep it as it is? I don't have much more to offer anyway...
  16. Cabot do indeed own the debt. I submitted very good medical evidence that proves I'm not likely to ever be able to pay off the balance. I thought they might throw me a morsel of compassion. As for your first point, would that be legally binding if they agreed via letter? Personally I think they're trying t on to get the offer amount out of me. Should I just reply and tell them I want an f&f and leave it open to negotiation? I could pay a little more?
  17. Hi Mould, the debt is originally a Halifax overdraft. Debt is a little under 600.
  18. I wrote to Cabot with a settlement offer, submitting my medical circumstances. They accepted the amount offered, but won't accept f&f settlement. They want to regard the debt as 'irrecoverable' and refuse to remove the default on my account. I take it I shouldn't agree to this? If I want them to write the debt off, is f&f the only way I can ensure I won't be pursued in the future? Could anybody advise me as to how I should respond?
  19. I’m stuck, waiting for NatWest to respond atm. I don’t know if I should pursue the issue using the Coutts Vs Sebasteyn case as an argument. It would be helpful if there’s anyone out there who has successfully used this to see off any banks. Certainly, Hungrybear (who is quoted earlier in the thread) said he was successful, but he appears to be unavailable right now. If there’s anyone out there that has used this argument, then it would be great if you could allow me ask you some questions, and possibly see some correspondence so I can formulate a decent reply etc.
  20. Thanks for your reply. What about coutts vs sebastyn? Isn't down to Natwest to prove exemption by providing the confirmation letter that was sent within 30 days of setting up the overdraft facility and a valid default notice and termination notice?
  21. Just received this beast from the storm troopers at Nazwest. They are claiming they did not get the fee, which went with my original CCA request to D**kheadson International, so they have sent me the following letter, telling me what they are obliged to provide me, and a confirmation of the current terms of my overdraft. I can’t for the life of me find the flipping receipt for the postal order I send to them. Should I refer Natwest to Fredrickson and demand the correct documentation saying the fee has been paid, or send a new fee direct to Natwest and wait for my documents?
  22. I had exactly the same thing happen to me. Just hold your ground and they'll accept your offer...eventually.
  23. Yeah, that's sound reasoning for leaving it in. Many Thanks.
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