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Everything posted by emmaf01

  1. She did report it to action fraud about 2 years before when she first got a letter referring to the account. The exact particulars are not immediately to hand. It is for approximately £1500. It has been assigned to the small claims track at Liverpool court. He defence explicitly states the account was fraudulent with a delivery address which she has never resided at and she has never received the goods. I think Lowell have definitely read this by now . She asked for mediation but mediation said it wasn't suitable if she denied she had the account at all.
  2. A dear friend is trying to fight legal action from this catalogue company via Lowell's even though she never opened the account and goods were delivered to a different address. She informed the catalogue company approximately two years ago when she first received a letter about the account. After that she heard nothing til a couple of months ago with a letter from Lowell's. Being inexperienced and knowing this was not her account she rang them and explained the account was fraudulent. She also rang the catalogue company but they couldn't give her any information! She has acknowledged the court papers and entered a defence that though the account is in herr name, she didn't receive the goods and they were not delivered to her address. But Lowell's just sent her a letter saying they would reduce the amount! How does she get evidence when the catalogue company say they have no information on what was ordered and where it was delivered? Why is this happening when she informed them about the fraud years ago. Its been assigned to her local court but she needs to be able to get evidence?
  3. I just don't understand why they've adjourned twice now. We've supplied everything they've asked for- information, medical records, hospital info. To adjourn again just seems cruel. She's obviously ill, walking on crutches and in constant pain. She gets severe migraines and the stress has increased them to two a week which she has to have special strong wafers otherwise she has similar symptoms to a stroke. It's awful to watch what they are reducing her to. She needs them to make a decision and not leave her constantly worried on the assessment rate. She has involved her MP but the DWP just brushed her off. I've contacted her again today though to ask for more help.
  4. A close friend did not get enough points on an ESA ATOS medical in April 2013. She put in appeal forms on time, along with all the medical evidence she could. She had leg and foot issues causing mobility problems, severe gastric problems and PTSD. She got her first tribunal date on 7th January. She got all worked up, went along and found the DWP hadn't sent anyone. She was told the tribunal would be adjourned. In the intervening months she has had many hospital appointments, started specialist psychotherapy for the PTSD which has mentally made things worse, had a gastroscopy confirming her stomach issues as well as finding more issues. She has had an MRI and knee surgery and now been diagnosed with further issues requiring treatment and probably further surgery. All of these things she has supplied info and evidence to the DWP and tribunals service. Today she went for another tribunal only to be told the DWP had once again not attended. The two people on the tribunal said there were over 300 pages of evidence in her case and they couldn't read them all. They have adjourned this again. As you can imagine, my friend is now in a right state. She has turned up twice hoping to resolve this and just been sent off again. She has not been able to get any help with this appeal from her local council welfare rights who say they are too busy, though they have helped her claim PIP. She was awarded low/standard rate mobility for this, though she has been told to appeal as she only need another couple of points and they have made blatant mistakes on the medical decision. Is there anything she can do? If she hadn't turned up they can make a decision against her, but the DWP haven't turned up twice- with no reason given. Every time she has sent them more evidence, the DWP have just sent back a standard letter saying they have looked again at the decision and will not change it. How can they just get away with doing this to a blatantly ill person? It's worse than ever and she is cracking with the strain.
  5. We are going to have to buy a new TV straight away anyway. Our son is autistic and if he cannot follow his routine and set pattern- including watching the usual tv programme at 6.30 tonight, he'll be off and will become upset and difficult to manage. That might sound bonkers but he's ill at the moment awaiting help from the mental health teams, we're waiting for a social services assessment and we don't need him getting worse become some people have broken the TV and messed with his comfort zone. This is like the straw that could tip him over and we need him calm right now. Having checked, we got the TV for approx £480 in late 2007 which I know is a while but it was still working fine as a TV. It just took a while after you pressed the standby button to come on. The picture was HD, fine and all the wii and tivo worked fine with it. We have spotted one on offer in Argos for about 250 I think- same size also a Samsung which rankles a bit - no bells and whistles on it but it will do the same job. It's not great having to spend that right now but we have no choice given the situation. Have you got any ideas for what would be a reasonable sum to ask for? We are on a very low income and so court costs should be minimal. See I'm trying to look on the bright side.
  6. We need some advice and or help. We got our Samsung TV a few years ago. Recently it has become slow coming on. We googled this and found it was a common capacitor(?) problem and when we contacted Samsung they agreed and organised a free repair. So the TV was still able to be watched. It still functioned as a TV. Then today their repair men came round. They took the TV apart and replaced bits. Then fiddled a bit more. Then the picture wouldn't come on at all and the TV started making a horribly dangerous sounding loud crackling noise. They said the repair had blown the screen. They hummed and hawed, tried to phone their boss who wasn't in because he's on half day today. They laughed when I said they'd killed the TV and agreed they had but Samsung only paid them to change the capacitor and left. My husband immediately rang Samsung customer services to complain. They say it is nothing to do with them, it was a free repair and the TV was out of warranty. We tried to point out it was working as a functioning TV before they sent these two men round to "fix" it. But they had paid two men to come round and break our TV. This went back and forth with Samsung saying they had no idea IF it was working before the men blew the screen. We said we have witnesses if necessary. After an hour of getting nowhere and not even an apology we took the name and address of who to complain to because they wouldn't even let us speak to someone higher up. What can we do? The TV is vital to us. My son is autistic and has a routine which includes certain things he "must" watch at certain times. So we now urgently must go and grab a TV, any TV we can afford otherwise he will literally go a bit off the rails. It's a nightmare on a low income where we are his carers and he is already not very well at all at the moment. We were happy enough with the TV this morning and if they hadn't come round it still would be. I now its a few years old but it was working fine apart from coming on increasingly slowly. If we had never had them come we would not need to go out tonight and buy a new TV. I know it was older and would need to be replaced eventually but not when their repair men came and wrecked it. But what can we do? Have they no responsibility at all? If I paid two men to go to their office and break their computer I would be responsible- no matter the age of the computer I would think.
  7. Sorry about that. I didn't mean to break rules! I'm just desperate! I've now got 24 hours to find a credible defence or they can get a default judgement. Is there still such a thing as a holding defence or is my memory faulty. Or is there just no hope. I nearly filled in the admission forms last night. At least then it would be over. With my health problems at the moment this is just tipping me over the edge.
  8. I am desperately trying to avoid getting a CCJ from United Utilities for this years water bill, even though this year isn't eve finished yet. Is there no way to defend against this? I tried to get it sorted through UU originally when I realised it wasn't being paid through our Income Support as it had been previously. They said it could not be set up by them to do this again as we had no arrears. They set up a payment plan of about £50 per month which we said was probably not manageable but advised us to try to get the DWP to set up direct payment again. I contacted the DWP and was told a message would be sent to the correct department and they would set up the direct payment again. This wasn't done. We got a letter in Auguat stating the if we couldn't pay to contact the CAB for help. We were seeing them for another issue and they said they could help. They gave us an income/expenditure form to complete but before we could get that back to them the court documents arrived. I passed copies of everything to the CAB but have had no contact from them. I did the AOS on line and have til the 6/10/13 to submit a defence. I've tried speaking to UU but they just said to admit the CCJ and arrange payments or borrow the money and pay up. No other option. Do I just have to bite the bullet and get a CCJ?
  9. I spoke to a bloke in the "court" section at UU. Previously I just spoke to a usual customer services person. The thing that annoys me is they know I'm disabled from my previous contacts with them when I tried to get it put back on direct payments. They just said that it wasn't possible to go back on that because we didn't owe enough. Instead we had to make repayments of £50 per month which I told them we couldn't afford in one go. They told us no other option. But we apparently owe enough to be taken to court and now we owe enough to make direct payments? Annoying. I managed to avoid getting a CCJ through all our normal debts and get to the other side only to get one for a water bill which most people don't need to have paid in full by now. Argh.
  10. I tried talking to them- as I have when I found out they weren't being paid as we thought. The man was not helpful at all. Berated me for not talking to them previously, even though I had. When I pointed out I had and that I was getting help from the CAB, he said I still should have talked to them more. I asked them previously to go back on direct payment from IS in July but they said they couldn't. Now they say they can do it- if I accept the CCJ. I asked if there was anything I could do to make an arrangement. He said to either pay the amount immediately or agree to the CCJ. I said I'd like to try to avoid that and pay through the Income Support as we'd asked and done before. He said we could only do that now by admitting the CCJ. I asked about the CAB arrangement, he said we couldn't do that, just admit the CCJ. No help at all. Even said I could put it on a credit card. We provided the CAB with an income and expenditure . Is that all I can do? I hate that I'll get a CCJ. Its just my name on the court docs, even though my husband's name is on the bill. There goes my credit rating.
  11. Any update on this? I am trying to fight UU CCJ myself so I am looking for help.
  12. Did you sort this out, Roleup? I am trying to fight the same thing I would appreciate any advice.
  13. The particulars of claim are: 4**.** is due from the defendant to the claimant for water service charges and any other charges incurred relationg to such at (address). For period to 31/03/2014, full particulars of which have been supplied to the defendant. Is there no way I can fight this? I talked to UU when I got the court claim and they just told me to admit it, get the CCJ and then pay them whatever they want. I have tried the CAB and heard nothing, though they wanted to set us up on a specialist repayment scheme and see if the UU trust could help.
  14. Date of issue- 2nd September- I did the AOS on line as it's the bulk centre issuing. My mistake was expecting the CAB to do anything. I passed them everything they asked for and nothing has been done. I know I'm up against the wire now.
  15. How can I defend a court action with United Utilities for this years water bill? We had always paid direct from our income support for our water but this stopped without us being informed last October. When we got this years bill through I thought it would be paid the same way. We got in touch with them when we found out this wasn't happening but they said we had to pay them direct- no other option. Got in touch with DWP who said they would look at setting it up again. They didn't. Was in touch with United Utilities in July to say we were trying to get this set up. In August got advice from CAB who said they had a scheme they could arrange and told us the information they would need. Got that together. Before we could get the CAB to organise anything we got court docs through from Northampton Centre. I sent in the acknowledgement of service and contacted the CAB. The date they can apply for judgement is this week- no word from CAB despite trying to get hold of them. I tried UU but they just want us to admit and go away. Asked why we couldn't just put it on a card?? When I said we were on benefits said we could just get it taken from them. I asked why this couldn't have been done when we asked repeatedly- no idea. I need a defense preferably. I hate that I may get a CCJ for a bill I've been trying to sort out and pay.
  16. Thank you so much for your replies. My CPN says between him and their worker from MIND doing the forms and including my care plan, they will try and get me the support group. I'm not convinced but I'm trying to be positive- failing miserably but trying. Anxiety through the roof. I have a phobia of doctors- part of the PTSD- so not happy about the medical at all.
  17. Thank you for all your input. I'm prepared that this will probably mean a bad medical and an appeal. I'll speak to my CPN about what he can provide tomorrow. He has already said there is a bloke from MIND attached to the office who can help. He did my last DLA application which got me the indefinite award and my health has deteriorated since then. I've been diagnosed with chronic pain as well as other physical problems. I have a couple of specialists- I'm a bit of a walking disaster area I say. My psychiatrist is great as well. I'm in the midst of a CICA claim (nearly three years and still ongoing) and he has been great about doing reports for them. He's diagnosed Bipolar and PTSD. I have a care plan and my husband is my carer. I'm in a lot better place than I was twelve years ago for evidence. But I'm terrified of going through all that again. We literally starved at times, even selling furniture for food. We couldn't pay any bills for months. Now I have two young children, one who is disabled and a baby. I couldn't bear it for them to go through this. We don't even have a local food bank if they leave us without food again.
  18. Finally got the dreaded letter saying I have to move from IB (as part of my Income Support) to ESA and all that entails. They say they're going to ring me in the next fortnight- anyone know why? I'm awful with phones, totally terrified they'll (easily) tie me in knots. Then they say I get the ESA50 form. Then the medical. I've spent the weekend trying to read on here about what to expect, but that just seems to mean chaos. I had a medical followed by a successful appeal in 2001 but it was six months of hell. I was on about £25 income support each week to survive on for over six months and it broke me mentally and physically. I am terrified of ending up there again. I'm also on DLA now - high rate care/low rate mobility. Iif they award me no points in the ESA medical, will they take the DLA away as well? I'm sure I've heard of them doing that to someone. I'm seeing my CPN to help me tomorrow because I'm already freaking out.I just don't want to end up as broken as the last medical fiasco left me. Ant help appreciated.
  19. I will copy, ring, sign myself in addition to my husband- though I was too ill to even sign when he did it. Never knew that one- wish they had actually told us that when they sent it back. Thanks Erika. The fact of giving us no reason to return the form, but poor Mr D's information, just shocked me beyond measure, as an ex-DWP worker.
  20. I am always astounded by the sheer level of lunacy the DWP can manage but this time they have outdone themselves. I've recently spent a lot of time doing the hospital "revolving door" dance. In and out, day and night, then in for over two weeks. The hospital had to have my husband in twice a day generally. He is my carer at home and they were leaving me for over a week saying they couldn't provide the right food for me, so he had to bring it in. Also they left me for over a week with no working pain relief and in agony, waiting to see the acute pain team to sort it out. So my husband was there, trying to get me help, fighting with all his might. As well as this, he was trying to care for our disabled son (aged 7) who was getting unstable just by what he was experiencing with me being in hospital, never mind what he saw when he tried to visit me. As we are on IS, we were advised to apply for a Community Care Grant. There is no direct public transport from our home to the hospital, we don't have a car and my husband went through every penny we had on taxis, phone calls, getting our son to a place to be when he couldn't see the state of me in hospital. Then I was told I was being discharged but would have to see a surgeon two weeks later and further away, also with no transport there- further taxi costs. In these two weeks since I left hospital (occassionally:)) I have had to go back and forth to the GP, nurses to dress pressure sores and the hospital almost every day. Some days all our food money was just swallowed by getting me back and forth for health needs. This is only going to continue for the forseeable future until I get surgery, but we have to wait for the PCT to approve funding to travel to a specialist surgeon. So my husband got some help with the forms and extra details and his elderly aunt sent it off by post. We found out today she even paid by special delivery secretly as she knew how bad things are. Today we got a large envelope back from the DWP containing the form my husband completed. The envelope was addressed to me, not my husband who completed the form. With it was a compliments slip from Inverness BDC- funny as we sent it to one in Liverpool where we live. The compliments, from Inverness was typed but not signed. Enjoy. Unfortunately we were not able to make an award on the enclosed recent application for a Community Care Grant, from Mr K***** D***** (not my husband's name) as you are his appointee and have not signed the application. We would however point out to you that Mr D****** (still not me or my husband) is not in receipt of a Qualifying Benefit and thus cannot be considered for a Community Care Grant. L****** S******* SF Decision Maker 1/6/11 So the form enclosed has nothing to do with Mr D from Inverness. It is in the name of my husband, is filled in correctly, sent special delivery to the correct Liverpool Office- we have track and trace. We are in receipt of Income Support so do qualify. How does this go all the way to Inverness? How do they mix this up this much? Who is Mr D? If we weren't suffering so much right now, with no money for food because I have to spend it being in and out of hospitals, this would almost be funny. They got this form on the 26th May and instead of processing it urgently messed it up so much. I can't even begin to complain about this.
  21. Here you go with bits blanked for public viewing. Tomlin order UPON the Claimant and the Defendant having agreed terms of settlement AND BY CONSENT The Pre-Hearing Review listed to take place at the ********** County Court on * ********* 2011 at **** be vacated. All proceedings in this action be stayed upon the terms set out in the attached Schedule. The Parties be granted permission to apply to give effect to the terms of the Schedule to this Order; and No Order as to Costs We consent to an Order in the above terms. Schedule The Defendant shall pay to the Claimant a sum equal to the total amount outstanding on his credit card agreement with the Claimant which forms the basis of this claim (£*****) plus interest at 8% per annum (£*****) along with the Claimant’s costs (£*****), the total being £***** (“the Settlement Sum”). No interest will accrue on the Settlement Sum. The Settlement Sum is to be paid by way of equal consecutive monthly instalments of £*****, with a final instalment of £****. Each instalment is to be received by the first day of every calendar month. The first instalment is to be received by * ***** **** This settlement is reached in full and final satisfaction of the facts arising out of this claim . If the Defendant fails to comply with the terms of this Schedule, the Claimant may enter judgment against the Defendant for the Settlement Sum (less any sums already paid pursuant to the terms of the Schedule). That's all of it, if you can look over it I'd really appreciate it.
  22. I've been rooting around and I haven't found any assignment. They just say Fredricksons/Bryan Carter handle the repayments. The TO would be signed by Cap1, not BC. They have offered to more than halve the repayments so that they would still be affordable in the event of a change of circs. That would take the repayment to about 5 years though. So is it still alright to sign in your opinion, without the safeguards of review?
  23. Yeah, they are refusing to sign with that point in, Andyorch. In fact, apart from 1. Amount to repay (minus the charges) and 2. Repayment schedule- they won't sign with any other points added. Plus we have to pay BC, not Cap1 who we are talking to. We are talking to Cap1, making an agreement with Cap1 but they want us to make the repayments to BC not Cap1.:o
  24. We've got the charges knocked off and we want to set up a payment plan with them. We would rather have a TO than a CCJ. If we go for the TO for an amount we can afford, is that so bad? With the provision that we can go back to court if the amount becomes unmanageable? I'm just afraid that if we get ATOS messing up my benefits and they take away my DLA, we will not be able to afford anything. Plus if we get a CCJ, the house insurance becomes invalid, which we can't afford to happen. How can we get the terms we want in the TO? Everything we have put forward gets refused by Cap1. We are dealing with them now, as they got BC out of the picture.
  25. They've refused to sign any TO with anything other than parts 1 and 3. They will not accept any sort of review. We have explained that, due to our income being wholly made up of benefits and therefore being uncertain in the current economic climate, we are worried about becoming unable to meet the repayments at the current level agreed. They have said we can reduce the payments by half if that means we can agree to the repayments for the foreseeable future, even if our income is cut further. We are uncertain as we feel there are no safeguards for us in the TO they want. Any ideas?
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