Sorry all, especially `highly_delighted` for not replying sooner. My ex-partner is also sick so haven`t been online for while. Anyway, got my 19 points at tribunal ! One of the tribunal members was a doctor (who I vaguely recognised and works in my local hospital). He asked me loads of questions about how I get around when I`m attending appointments at the local hospital. I told him the truth - I hobble from one chair to the next and take my time. I described where the chairs were exactly. He asked me precise questions to check I was telling the truth. He then revealed "I work at that hospital most of the time", as I thought, so he knew I was being truthful. The two members of the tribunal panel were very polite and fair actually. Nice, genuine couple of guys. The other panel member was a solicitor. They let me express my pain and could see I wasn`t lying. I`m still really fed up with the "powers that be" and know this process will go on. Many people sadly would never make it through the appeals process through sheer stress even though they are unfit to work. My heart goes out to them. I know it made me ill and VERY irritable but worth it in the end. Coincidentally, a few days ago my ex-partner received a letter from the "National Office of Statistics/DWP/Natgen". The letter said her home had been "chosen" out of 24 households in our postcode area to take part in a "Family Resources Survey". The letter said they had written to her before/tried phoning many times without success. This was untrue. My partner doesn`t go out and has an answering machine. Apparently, the survey is "voluntary" but just seems suspicious timing after just winning my appeal. She`s too ill to take part in surveys so will turn them down. Anyway, thrilled for everyone who has won their tribunals. Incidentally, I`d love to work if I could - life on benefits is sheer hell. I missed the TV shows but will download them and watch. Best wishes to everyone out there and look after yourselves. Keep smiling !

Yeah, you can go alone. Great idea under the circumstances. Thinking of you. Try and get a good nights sleep. It won`t be as bad as you think. Good Luck and stay Sunny.

By the way, I had my mother with me in the appeal. I had written a LOT about her that I didn`t want read out. I highlighted everything that was "sesnsitive" and it wasn`t touched upon during the appeal. There were two people at my appeal, a solicitor and a doctor. That was all. It was very, very informal. Not at all what I expected. No judges, just an office desk and three chairs. Hope this helps.

I have just won my tribunal today at 2:00PM getting 18 points (originally got null points). The tribunal staff, as I read, are very, very helpful and friendly. They have no link with DWP/ ATOSH. They are very understanding and will listen to you and help. Either phone the central number (0300 123 1142) and explain to the clerk your situation tomorrrow morning. Don`t forget to have your ref number handy (begins with SC...). They will offer you good advice. I was still faxing evidence 2 hours prior to my hearing and even handed some in when I got to tribunal office today. Don`t worry they are VERY understanding. You could fax through a letter tonight which should reach them by tomorrow. I didn`t have access to fax facilities but used an efax service (free months trial and then cancel it). Failing that, you will have no problem at all if you ask to have a quick word with the clerk tomorrow in private (if you wish) or just hand them a quick note explaining your situation briefly. Please DON`t worry. They are quite used to dealing with very complex problems and they WILL help you. The staff I just dealt with in B******N ( a large seaside city south of London) were ultra helpful and so were the staff in Sutton. Just do whatever is easiest for YOU. The tribunal staff are there to help and they will. I was v panicky and now I`ve been through it I can promise you "Don`t worry, even at this late stage".

Just come back from tribunal which I won ! I went to ATOS medical. I have severe pain resulting from fractured spine and other probs. ATOS scored me zero points. I was so angry. Severe pain will result in very few points from ATOS. They are sly, and are trained to trip you up at every oppportunity. They will ask you everything about how you get from A to B. Prepare to be asked EXACTLY "How did yoyu get here today ?", "How do you get your children to school ?","How do you shop ?". Don`t worry about ATOS. No matter what you say, they will make up their own answers. DON`T WORRY ! MAKE SURE YOU KNOW THE "DESCRIPTORS". These are the questions around which you need to get your points. MOST IMPORTANT POINT - they watch you from the moment you are in their sight. Ask for help to open every door. I mean, EVERY DOOR. I took a bag of meds with me and placed them on the desk. ATOS criticised me for being able to put them back into a plastic bag without help. ASK FOR THEIR HELP IF YOU NEED TO LIFT/MOVE anything. They are watching every move you make. When you are called in ask for help with the doors. Say "I can`t open this door on my own. Could someone help me please ?". Don`t get paranoid, please ! Just warning you if you get a letter saying you have scored zero points DON`T worry. It`s happening to thousands every week. Just appeal. I will keep an eye out for your posts and help you all I can just like the other Caggers. Appeal is by far the best way to get your point across to nice, listening individuals (unlike ATOSH) and, providing you prepare very well, you WILL win in the end. Don`t be disheartened by my comments but I have yet to meet someone who has beaten ATOS at the first stage. It can be done though. Don`t forget ATOS scored me zero points. The appeal group just awarded me 18 points. If you need help I`ll be online for a while....best of luck.

Thanks for that. It reassures me a lot. Will let you know the outcome! Take care.

Thanks very much for your support Highly_Delighted ! So pleased for you. I truly am. I am taking my mother with me just for moral support but have a feeling tribunal might be postponed as sending last of my medical evidence today (yeah, Wednesday I know!). I have only just received some of my medical info back from hospital and also my "bundle" from ATOS/DWP only arrived 8 days ago despite being promised at least 2 weeks to read thru it. CAB are helping as well. Not much more I can do now, except pray ! Thanks for your comments - it`s just good to hear someone winning is a result. Best of luck in the future:-D keep up the fight.

I am HUGELY pleased for you. I have my ESA tribunal this Friday (the 13th, I know) in Brighton. It has made me so ill. I don`t sleep because I can`t get it out of my head. ATOS scored me zero points (no surprise there). I have to wear Fentanyl patches which are many times stronger than morphine but don`t even touch the pain in my spine. I fractured my L1 vertebra in a suicide attempt about ten years ago. If it weren`t for my 7 yr old daughter I`d jump again but this time I know who`s offices I`d jump from ( they dont give A toss). Give them something to clean up at least. I only receivd my bundle from them 8 days ago so I am still sending in evidence at this late stage. Too bad, I say. I am so pleased for you. I know how people are being treated - I have bookmarks all over the place pointing to organisations that campaign/help. Good luck to all those who are facing a similar future - God bless you all and never let them win ! You`re right RAJ111 by the way. Who ever thought that this country would end up like this ? So very very SAD. I don`t know how they sleep at night.

I can`t believe the video has been taken down. Is there anyone who still has a copy ? This is so maddening. A day after receiving the tribunal letter I was sent to the cancer centre with a suspected tumour in my spine. I had just been for an "examination" by the DWP (assessment I think they call it) and told fit to work. does anyone else feel overwhelmed by the DWP and feel they are targeting the wrong people. I am no scrounger. God, I would LOVE to work.

Sorry am I being dumb.I`m logged in and when I try to access the video I just get the message "PRIVATE". Any ideas anyone ? I have to face a tribunal soon and am very anxious.This would be a great help.Thanks to all of you out there.

Hi everyone. Hope someone still out there ! Have managed to get debts down to £17000. Barclays simply said "having considered circumstances" they wrote off a debt for about £13000 which was very surprising. Wrote a letter to MBNA over a month ago requesting a copy of the original credit card agreement along with a postal order for £1.00 as advised. I have heard nothing since. I sent the letter recorded so they must have received it. What`s my next step ? To write to MBNA I presume ? I will be making a donation to CAG when my mum has sold her house as money is a bit tight at the moment (I`m on DLA). Your help is appreciated as always. Hope u r all keeping well. x:)

good news. My solicitor who is a family friend has put the house in my mums sole name. He has contacted HFC and they will not be pursuing the charging order once the house is sold. Now I just need to send the postal orders to the remaining creditors and try and get a copy of the original credit agreements. Can i ask what a CCA request is exactly ? ie. what does CCA stand for. I presume, even though some of debts have been handed to debt collectors, I send the postal order to the original bank to request the credit agreement ? really appreciate yr help

Debs, thanks v much. quick question. Can i ask Restons AND HFC for all the info they hold ? I presume so. Will this have to be a subject access request or just a CCA request ? Really appreciate ALL your help folks. God bless.

take your point. Payplan are only involved because: 1) they`re free ( still funded by banks though, I know) but don`t charge commission etc. 2) when my dad went to CAB owing £100,000 + they referred him to Payplan. He was in such a state that he`d have robbed a bank so payplan seemed lesser of 2 evils. 3) Payplan are keeping the other debtors happy ie. the £30,000-40,000 my mum owes to her other creditors till the sale can go thru. Take note of your comments though. I`m doing my best to help but on disability benefit so hard to help more than already do.

thanks for all yr comments. The house is valued at £295,000(sounds like a lot but property prices here are thru the roof). There is no mortgage - despite Restons mentioning there was a mortgage during the charging process when there wasn`t. My dad got into all this debt using credit cards to pay off the mortgage so I can`t be greedy. The debts that are left (£30,000) and are in joint names with my mum/dad, one is in her sole name - she actually knew nothing about them till he died - it makes me wonder how my father could take out credit without her signature or something ? He had well over 20 credit cards, some with the same bank, and it amazes me how he did this ! He was in his 70`s ! Anyway, Payplan have told me they will settle my mum`s outstanding debts when house is sold. I know most will settle for a ballpark figure especially the ones bought by debt collectors who have got the debt for a small amount. I`m more concerned with the charging order. Luckily the solicitor handling the sale of my mums house is a good family friend. I can ask him to speak to HFC because I`m getting nowhere. The charging order is in my fathers name - I read somewhere that when there`s a surviving spouse and the debt was in the deceased name that the charging order is split in half. I`m probably wrong on that one. As I mentioned before, my dad was in a repayment scheme with Payplan and I think the charging order gives HFC preference over his other creditors. Bit too late now. I`ll see if I can get hold of HFC again. I`ve written many letters - would I be better speaking to Restons (a last resort for me). Thanks again for all yr help. When this is resolved I`ll be making a contribution to the forum - it`s fantastic. I`ll follow your advice folks, thanks for yr recent comments.

Hi, in a bit of a difficult situation now. Have told payplan (debt management company) that my mum is selling her house. The problem now is the charging order. If Restons / HFC find out the house is up for sale they will immediately refuse to negotiate and grab as much as they can (the full £30,000). Payplan have told me (off the record) to sell the house and approach them when I have the funds and make an offer then. Surely by this stage they`ll know about the house sale anyway ? Am I better off approaching them now? I`ve tried to contact them but get nowhere. Any ideas would be appreciated. I`m angry that Restons got the order in the first place using pretty underhand tactics. My mum needs every penny she can get when she sells the house so she can afford a 2 bed flat. She has £40,000 of debt that my dad left her with (on top of charging order) so it`s going to be very tight affording much more than a garden shed at this rate.

Should say thanks to Debs, BRW,Newstarter and Miss Muppet as well (sounds like an Oscar speech - i wish) - your help is much appreciated. Ploughing through all the docs that I have and will see what I find. God bless u all.

Thanks Docman for yr help.

Northstar, have started my own thread. Just a quickie to say best of luck and I know what you`re going through, believe me. I feel extremely sorry for you and your young family - How do Restons sleep at night ? good luck anyway - I know you`ll be ok in the end. God bless. I`m thinking of you.

Thanks very much for all your advice folks. Very much appreciated. I have all the original court docs. One thing I have noticed. The judgement creditor kept mentioning as a creditor : "Portman Building society of Portman House...etc" My father had a mortgage with the above but had long since paid off his mortgage. Surely this was wrong ? I guess it`s probably too late to fight on this basis ? The final charging order was granted at Watford County court on 24/01/07 and amended under the slip rule CPR 40.12 (1) I note under the court orders that : "1. the charge created by the order made on 5/12/06 shall continue. 2. the interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of £13,497.74 the amount now owing under a judgment or order given on 13/11/06 by Northampton County court in claim no. *******, together with any further interest becoming due and £213.00 the costs of the application. 3. the costs are to be added to the judgment debt. 4. Defendant`s application for a variation order dismissed". Very much appreciate any help you guys can offer. For a 76 year old this was all so hard to defend. I know he tried to get a variation order - he wasn`t fit enough to attend court. It was too far to travel, and on the day of the hearing I remember the country was deluged with snow. There was no way he could make it from Haywards Heath to Watford but intended to. I know we should have tried to get it discharged immediately but it wasn`t quite so simple.

Hello everyone, sorry I have spent ages reading up on charging orders and looking at everyone`s probs but would really appreciate some help re: charging orders. This is my first post so sorry if it`s in the wrong place etc - this site is great but a bit vast for newbies. My father passed away 6 months ago, largely as result of debts he could no longer manage. He died with debts of around £ 110,000 which, thankfully, seem to be gradually getting written off. These debts were all unsecured loans on about 18 credit cards. He used them to pay off his mortgage but got way out of his depth. He worked right up to his death as a cleaner despite being 76 years old so that he could continue in a debt repayment scheme with Payplan, who were fairly helpful. I helped him as much as I could. My father died in December 2009, leaving my mum (77 yrs old) with about £40,000 of debt on joint credit cards and a charging order. My only prob is now the charging order. My mum needs to downsize to a small flat but it`s going to be tight to afford something after she settles her joint-debts and if she has to pay the charging order (will it be 100 pc repayment ?). The charging order was granted in 2006 by HFC and RESTONS for £14,000 approx. He tried in vain to attend court and get the case moved to a more local court. I have written to HFC and asked them nicely whether they would consider lifting the order. So far, no reply. The order still stands with the Land Registry. My mother was totally unaware of the financial mess my dad had got himself in - he handled all the finances (or mis-handled, bless him). He was in a repayment scheme with Payplan and I think he could have presented a good case against the order as it did " unfairly prejudice other creditors who have accepted pro-rata payments". I don`t know where to go from here. Any help would be very much appreciated. I can`t afford legal advice. I am disabled, on disablity living allowance, but will still make a donation to this great organisation out of principle. Hope this makes sense. I just want to get my mum moved to a small flat where she can make a fresh start and don`t want her to fall victim to the financial worry that killed my father. ( He got so tired/scared of endless phone calls/letters from creditors and died of a heart attack).

Sorry don`t know much about this form of cancer but I know from experience that it might be a bit of a rough ride but everything will be okay. I was just looking through the forums for some legal advice regarding a charging order and saw your thread. When someone you love is ill it puts the world into perspective. We take health for granted and suddenly our life can be hit by a bombshell. My thoughts and prayers are with you and I`m sure everything will be okay. A friend went through prostrate cancer and made a full recovery, despite late diagnosis. I will ask him if he knows any more about this treatment but I know you feel worse before you get better. I wish you and your husband well, xx

Hi, this is my first post so Hi everyone. My father died in December at the age of 76 years of age. when my dad was about 73 years old Restons took him to Northampton County Court. I think he took out a variation order to get the court changed to a more local court, Watford, I think. Unfortunately, the day of the hearing it snowed and we couldn`t get there. Restons were granted a charging order in January 2007 under "the slip rule CPR 40.12" against my dad even though he was in a repayment plan with Payplan. They stated at court that he still had a mortgage which he didn`t. They were very underhand, in my opinion. My dad worked 3 days a week till his death of a heart attack - he couldn`t fight anymore. I would urge anyone to be very quick and fight to appeal against a charging order as quickly as possible. My mother, now 76 years old herself, who knew nothing of this debt (it was in my dad`s name and he handled the finances in their marriage) now has to deal with the charging order on her property. The claimant was HFC bank, a "lovely" group of bankers and she now faces having to pay nearly £14,000 if she wants to sell her property and downsize. My father also left her with joint debts of about £40,000 (she knew nothing of these either). I think she may be able to come to some arrangement with her other creditors as she is in a repayment scheme. I don`t know whether HFC will drop the charging order. I have checked with the land registry and it`s still there. any advice on the charging order would be much appreciated.