thanks mate

Does anyone know the new ESA points system for epilepsy or should I say the descriptors for epilepsy? I have around 2 seizures per month and have just had a second ESA medical. The ATOS medical rep learned nothing new about me except epilepsy is a neurological condition and is incapacitating following a seizure. I explained that it is nigh impossible to plan a route back to employment when you're never quite sure when the next seizure will occur. I suspect he thought epilepsy is a condition where you twitch a bit then wake up and then go about your normal business. It didn't realise its like being hit by a truck and affects every aspect of your being. I think the DWP have changed the points system re:ESA and epilepsy so anyone any idea? Thankyou and regards

I have severe epilepsy but how does anyone know this? I have a report from my GP and Cons. Neurologist that I have epilepsy but no one except me actually KNOWS how many seizures I have in any one week. EEG and other tests do not provide an unquestionable diagnosis for epilepsy so if my claim is turned down following the info that I have provided then surely they either dont believe the validity of the information I am providing ie they think Im lying, or they do believe it but are simply disqualifying everyone regardless of the disability If they do dismiss my claim then on what basis can they do this? My GP and Neuro reports say I have epilepsy My ESA50 that I completed tells them I am having around 4 seizures/week etc surely they have to make a decision based on the info provided rather than on a speculative judgement ie ATOS think i'm making it all up?

thanks guys/gals

I had an ESA medical with ATOS yesterday morning which was the usual stuff but I have a couple of questions: 1) Does the ESA medical assessor from ATOS have to be a qualified doctor to carry out the assessment? 2) How long does it generally take from the date of the actual medical to get a decision from the DWP? I need this info because If Im turned down this will be deemed a 'change in circumstances' by the housing benefit people who will stop my housing benefit which in itself is a nightmare to rearrange. Moreover I will then have to appeal. Thanks and regards

HS many thanks for that cheers SD

many thanks for both your replies yes, Apex is the first DCA Is it auto that a court would only force me to pay £1/month due to my ESA status? Will do the CCA request as you requested many thanks again to you both SD

it's a credit card debt for Lloyds TSB and the last payment was made about 12 months ago. The debt goes back to around 2005 I am on Employment Support Allowance at present of £91/week I have no assets, no property, more debt, no cash and have a smashed credit rating so I cant see how they will recoup what I owe them through seziure of goods that I haven't got cos i live in rented furnished accomodation. It all belongs to the landlady

Sorry to trouble people but I received a threatening letter from Apex CM Ltd this morning in which they threaten to apply for a CCJ and then a Warrant of Execution. Can someone please tell me how probable that they will proceed with this threat and if so how do I go about defending myself against it? It talks about bailiffs coming to my door and taking goods to the value of etc. Is this possible? I thought only debts such as council tax, taxes and other statutory liabilities are covered by bailiffs etc? I have made them an offer of a £1/week by letter but they say I have never made contact with them How should I proceed please? Many thanks and cheers SD

postggj good advice and thankyou. I didnt know that. I suspect they expect you to pursue out of court mediation and then use courts as last resort? cheers

I have a case pending with the FOS at present (4 months now and its becoming annoyingly tedious). Essentially i had a loan with the A & L. There are false signatures on the CCA to which the A & L have already admitted in a letter sent to me. Plus PPI was added against my wishes and which I am claiming back I need to know the average timescale from initiating the claim to completion. I know I can reclaim the PPI but what else can i claim for in terms of the false signatures? Obviously in court i can raise the issue of false signatures but on what basis should i bring my claim? Can i claim for damages, compensation etc? Sorry for the long winded nature of the questions but the FOS are useless and I need the money very much appreciated thanks SD

Advice required please: I have just received a Notice of Arrears from Santander for a loan I still have with the Alliance and Leicester. The agreement is with the FOS at present due to PPI misselling and false signatures. I am just wondering if the change from A & L to Santander will make any difference to my claim? Thankyou SD

I used to be a client of Selftrade Stockbrokers (London) and was involved in a contractual dispute which involved the repayment of monies from me to them but I now believe I have overpaid by a considerable sum and I need to see all my records with this broker. This relates back to around 2006. Can I do a SAR on a stockbrokers as I would with any other bank or financial organisation? Obliged SD

as anyone on here received today another ESA questionaire? I'm claiming ESA for epilepsy since Sept 2009 but got the above form today and not sure if everyone on ESA are now being reassessed for limited capability for work? just wondering if its just me or if its a general reassessment for everyone thanks sd

it's been with the FOS for 2 months now and have been badgering them constantly. They promised it will be with an adjudicator in 4 weeks. the A & L offered to repay the PPI offset against my arrears but that would have mean't signing a disclaimer not to take legal action in the future which would have been crazy knowing that the signatures are false. The A & L knew that the signatures were also false though it took them 3 more letters to admit their 'concerns' which in bank speak mean's 'we believe you'. If they have concerns then the corollarly is 'they dont have concerns and that the signatures are yours full stop'. I feel im in the dark here. I want to see all information passing between the FOS and the A & L. What legal course of action can i take to achieve access to all correspondence between bank and FOS? Can i take legal action AFTER the FOS decision irrespective what that decision is? the thing is this. I know those signatures belong to someone other than me. The bank know's that also. i think ive played this all wrong. I accused them of false representaiton and conspiracy to defraud and obtaining monies by deception ie claiming PPI commissions using my identity when i had rejected PPI because of my pre-existing medical condition of epilepsy. when i presented all this info to the bank they visibly wilted and withdrew their position of 'there is no problem with the signatures'.. i want PPI refund with interest and damages and DN removed and loan voidable. fraud taints all contracts and this is no different Is the FOS decision legally binding on the A & L and myself or can they ignore it? Can i ignore the FOS decision and take legal action anyway? any advice pls? obliged

they initially claimed the 'signatures are sufficiently similar NOT to raise any concerns' but when I produced signatures dating from 2005 and produced a montage of all my signatures from that date and then compared them to the signatures on the agreement they responded by saying 'we are very concerned about the authenticity of the signatures on your loan agreement'. Now that is a total volte face. it's a complicated scenario that revolves around PPI. I rejected PPI but they included it and i refused to sign the agreement (this was back in 2005). I have epilepsy as well so there was no reason for PPI anyway. I sent the agreement back unsigned and requested removal of PPI. a few months ago i defaulted on the loan and when i did a CCA request. When i rec'd the copy CCA i was shocked at the false signatures. At first i couldn't work out what had happened (it was 2005 after all) but then after racking my memory it dawned on me what had happened quite simply someone signed the agreement and the PPI to claim the commission on the PPI policy. i completely forgot about it to be honest. it seemed inconsequential at the time. you put your faith in these companies either way someone at the A & L used me to claim a commission to which they believed they were entitled. that's a criminal offence. i believe its called false representation or obtaining monies by deception what i fail to understand is this. I cant bring a criminal prosecution as a civil person so if i make a claim it as to be a civil claim. breach of contract or something like that but i do have the letters which show their volte face when i presented them with the evidence of my signatures and my epilepsy the problem i have no idea what they have in their possession ie what have their investigations dug up and what they are saying to the FOS if it was a simple PPI misselling then i'd let it lie but this is fraud and i can't let them pass

I am currently in dispute with the A & L over forged signatures on a loan agreement and have pursued the route of direct communication with the bank to resolve this issue. I then informed the FOS as a way of applying pressure on the bank and have now been informed that because of this they have now voided the case. I had no idea that they could do this! From others experience with matters like this which method ensures the quickest and most efficient outcome? The direct method with the bank, the Financial Ombudsman or the Courts? I feel I may have made a tactical error going to the FOS as it seem's they could be full of bureacratic delay etc and that the court method would produce a quicker and more successful outcome for me The bank have already written to me comfirming that they are 'concerned about the authenticity of the signatures on my loan agreement'. My case is very strong indeed

DD, that's superb..you're a star perfect for me! the DN i have is indeed defective thank you sd

- it's from Nov 2006! LOL! but even so I have one from 4 weeks ago from the A & L and it is impossible to determine as to whether it is first or second class postage (sent by UKMail - i rang them and even they couldn't confirm whether it was first or second class ) but thanks for your reply..will await another response ds

can someone please comfirm something regarding the dates regarding the postal delivery dates of a default notice? it is impossible now to tell as to whether a letter as been sent by first or second class post so does the courts have a recognised formula for this ie service date after the date on the DN? first class post is one day after the DN date second class post is 2 days after the Dn date or is it 2 days for first class after DN date and 4 days after the DN date? very much obliged sd

if a DN is placed against your credit report and that DN is defective does that open an avenue to sue for damages based on libel or some other form of reputational infringement ie your rating is clearly damaged by the DN placing against your credit report? cheers

cerberusalert cheers and thankyou sd

I haven't done a CCA request. Will do that after (if) they terminate please confirm the date of service and 14 days to remedy rule please: Date of default notice - Monday 15/03/2010 Remedy by paying arrears outstanding by Thurs 25/03/2010 DN received by postman on Thurs 18/03/2010 so the remedy time should be from 18/03/2010-31/03/2010, which is 14 days. Lloyds have therefore given me from 18th to 25th which is 8 days Lloyds are defective by 6 days (this includes weekends) so they've issued an invalid DN and if they terminate they rescind the contract and can only claim the arrears rather than the full balance is the above correct? very much obliged thanks for your time

elsa that's fantastic thanks to all sd

all, thanks for that - elsa i will wait for that. when they do demand full payment how should i respond to that please?