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Candycravings

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About Candycravings

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  1. Hi - the ESA medical scored zero and went to tribunal and awarded within minutes as my wifes was in pieces and couldn't talk and yes she was in receipt of ESA up to Oct 14. We provided lots of medical evidence to support my wifes claim. The reason provided was that HMRC details on file suggested my wife had received a salary from the company when in actual fact it was a provision, but was amended when ful year accounts were submitted. Yes I made a formal request for Mandatory Reconsideration in November and December. The first letter had not been received?
  2. Hi to all and hoping you can help, below I have provided a brief summary of the issue at hand which I hope isnt too complicated.... my wife has been on contribution based ESA since 2012 She suffers clinicial depression and has short term memory issues due to treatments previously received whilst admitted for 2 months in hospital my wife had previously worked full time as a pub manager running a very busy pub for a large company During the intial medical for ESA we declared that I sell a couple of items on Ebay in an attempt to force my wife to leave the house and take items to the post office in an build my wifes confidence I registered a company in my wifes names. I did this with the help of an accountant friend, this was also to ensure that we were legit to declare any monies earned unfortunatley my attempt to support my wife in this way had the reverese affect and may her withdraw even more (I know, I am stupid and didnt understand at the time, I was desperate) consequently the business did not trade, but my account friend had submitted accounts to HMRC with a provision for a salary, I didnt take much notice at the time DWP stopped ESA payments in Oct 14 on the basis of the salary provision being made I had sent a recorded letter to DWP advising that no salary had been drawn in Oct 14 in Oct 14 I chased DWP for a reply as we had heard nothing - they advised they had not recieved anything even though we know the letter had been received I sent another letter outlining all above points along with a letter from my accountant stating that no salary had been drawn. DWP advised they had received this Dec 14 I received a letter from DWP advising overpayments and the debt will be collected as the ESA dept had not advised of a mandatory reconsideration I contacted ESA and they advised I needed to send in another letter to request a reconsideration My wife phoned ESA in Dec 14 to see if they had received our letter, they state they had not and advised we phone back the folowing week My wife phoned back and they say they had received the letter, but also requested evidence from HMRC that no monies had been drawn from the company We obtained 2 documents from HMRC covering the periods 2012/13 and 2013/14 clearly stating zero income - we sent this in Jan 15 along with a covering letter We waited a week and called ESA who advised they had not received anything (again) and we should make an appointment with our local job centre to take in all of the documents sent by post to avoid any further losses we then received a phone call to say they had found the documents and we duly cancelled the job centre appointment we were told to wait a week and we should here something, we didnt so we started chasing again only to be told the documents had been lost when sending to our local job centre!!! This morning we have received another letter from DWP to recover the overpayments from my wifes DLA!! they will not change this until they have been notified from ESA dept?? We now have an appointment at the local job centre again Phew....is there any advice anyone can provide as we feel we have done everything we can, provided everything they have requested. I am feeling due to their incompetance that I am now losing the plot myself and I need to be there for my wife. Help....
  3. Thanks HB. I do need to get to grips with myself. I am a grown man. I just need some respite, it's never ending. The guys on this forum are brilliant and should receive funding. The advice and support is always fab. I did donate a small amount of money a couple of years ago just wish it could have been more. There is no telling the amount of lives this forum may have saved.
  4. Sorry should mention that we have about 17 years left on the mortgage. We are paying £5 off the unsecured element with the remainder of the income following the completion of income and expenditure exercise today. We are paying £260 off the arrears each month which is pretty much everything. The income and expenditure also included my wifes DLA payment which I am sure should not have been in there.
  5. HI, Looking for some advice/guidance..... Have fallen into arrears with NRAM mortgage. We are approximately £3600 in arrears (which was £5600 until I paid £2000 today). The arrears now equates to 3 months. We fell into arrears last year about June, then made a payment of £2000 off the arrears and made an arrangement with NRAM to clear arrears and to be fair they were quite helpful. I fell back into arrears as I have lots going on and think I may be losing the plot. My wife had an accident in work in 2008, she spent a period of time recuperating, but couldn't go back to her job as she wasn't well enough. She then descended into severe depression from early 2010. She was prescribed treatment but her depression got a lot worse (2011/2012) and ended up being admitted to hospital for 2 months when some terrible things happened. This was a terrible time. IN all this time I held down my pressured job, we lost my wifes decent salary on which our mortgage was based, I kept the house and the bills going, but made arrangements with unsecured debtors. I am struggling to keep on top of things, stuff seems to drift and to have one more complication really takes its toll on me. Not looking for sympathy here just telling it as it is. The last NRAM arrangement (November) I just let drift even though I had the money in the bank all because I asked them to set up a direct debit so I didn't have to think about, but they refused and not sure why. Have today received a letter for a possession claim with a hearing date of 30th January. I phoned NRAM and resurrected the payment plan to clear arrears and this time they were willing to set up the direct debit....grrrr I cannot bear to think about adding anymore complications into my life right now, my wife needs me to be there for her and so does my job and I don't want her to worry about anything. I do need to make sure there is no further instability in her life as she could easily go back to the awful place she has been. Sorry don't mean to moan. Anyway any help would be appreciated. Kind regards.
  6. Well guys...went to court today, nervous as hell...checked in at the desk, sat down in the waiting area reviewing my notes and rehearsing what I was going to say. I was then approached by a young lady who advised that she was an advocate acting on behalf of BW Legal. This is were it gets interesting, she advised that she had been instructed to set aside. I obviously was very sceptical and did not believe her. I thought she was going to stitch me up. Anyway called in front of the judge. We introduced ourselves and before I could say another word the advocate advised the judge that BW Legal wanted to set aside the SD and the reason given that they had not had the time to gather all of the required information I had requested to support my set aside case. The judge was a little surprised and said 'I guess that you are happy with this decision'. I was in there for a total of 4 minutes. I had built this up in my mind as this being the makings of a damn awful day, but could not believe the result. I can only suggest to those concerned that it is ok to be nervous as this is a very serious issue, but if you follow the guidance on this forum, you will be off to a very good start. Thank you to those on this forum who provide all of the knowledge and support that helps people like me to get a part of my sanity and dignity back
  7. Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?
  8. well guys, just an update on a couple of things.... Yesterday (Saturday), I received my court date for the set aside hearing at my local County Court, the date being 10th Dec. A lot nervous now as I am worried I am going to have to remember all of the CCA dispute narrative. CCA request now in default. I really hope I don't trip myself up. I had to briefly speak to BW Legal over the phone as they were refusing to deal with me on email. I set up a password and now I am receiving password protected emails from them. I stated that I merely wanted to deal with them on email as its the most convenient and I have a record of all correspondence...so far so good. Anyone heard of Eliza Cooper at BW Legal? Have also received a note from Lloyds TSB stating they have received my SAR and are dealing with it. Thanks for all of the help thus far.
  9. Hi and thanks, At the time (2009), I had a lot of debts to sort out and this was the last and smallest thing on my mind. At the time my wife had a full on breakdown and subsequently lost her job, so didn't even register. Regarding a SAR, have just sent a request to LLoyds for another debt so guessing this should cover this debt too? Or am I mistaken?
  10. Well recently posted to seek support for an SD served by BW Legal for a large debt and followed all the advice on here and then today another debt letter arrived, this time from Hamptons for an old bank overdraft of circa £1300. The letter threatens CCJ or SD. Phoned Hamptons today to ask what the debt related to ( I know I shouldn't have phoned them, but was a bit annoyed). I challenged the need for them to ask me my DOB for data protection purposes.... Anyway, Is there anything I can do with this overdraft in terms of challenging the amount or do I bite the bullet? Any help would be appreciated.
  11. Well sent off SAR request to LLoydTSB on the 9th October, sent CCA request to BW Legal on the 8th October via special delivery and noticed that it was actually signed for on the 9th October. So starting to line everything up nicely. Have also completed forms 6.4 and 6.5 and about to head off to court to hand them in, retaining all copies for my records. There is a lady at BW Legal who refuses to correspond with me via email without phone verification so have reviewed the Data Protection Act and cannot find anything that requires phone verification. I have stated in my email response that their own letter mentions 'all correspondence must include the letter reference' and therefore have stated that this also includes emails. Am I being too bolshy? It just feels all one sided at the moment....
  12. just reviewing the documentation for setting aside the SD and following instructions on this forum, I see that I do not have a form headed 6.5 included with the documents served on me. Am I supposed to have this document or should I be collecting this from the court? With regard 6.4, I do have a copy, but there is very little space to add my details. Aside of the 2 page letter headed BW legal, there are 4 pages for the SD. Is this correct? I am sure I have read there should be 6 pages, however could be mistaken? Any help appreciated.
  13. Just had a thought, do I send the SAR to BW Legal or LLoyds TSB or both? Hope you can help
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