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  1. I have my tribunal next month and i am getting help with writing my appeal from CAB. The woman i met said write paragraphs on the points i disagreed with which i''ve done but should i go through all the client interview notes as well? I'm trying to make sure i get all the relevant stuff that will help and i was wondering if i should add anything saying how the symptoms of my illness affect my as i don't feel the form really represents things and i tried to make my answers fit with the questions in the ESA form as best i could. So do i need to pull all the stops out? My condition is debilitating and they seem to think i am capable of work but i know i'm not and this past 6 months has really shown how bad my issues affect me. One thing that's worried me is supporting; evidence; i don't think i have much for what makes me incapable of working so would this have much bearing on the tribunal? I'm seeing my GP tomorrow to ask for a letter and have supporting letters from my previous appeal, i'm hoping this with the help from CAB will be enough. Thanks, in advance, Teej75
  2. How likely I am to get disability element on top of my working tax credits, based on the tax office guide lines, I think I would be entitled to the disability element, but dont know what the tax office would think I work 16+ hours per week Due to my health, I am unable to work, 5 days per week, or any long shifts now, so I only work 4 days ,and 6.5 hrs I have a secure job, in asda, so for me to find a new job, I think I would have some difficulty in doing so My health is poor, due to slow heart rate, high cholestral, and angina, easily get tired, and exhuasted. Have been in and out of hostipal getting tests done for last 2 years Because of my health I have had to take time of sick, and the way my days of sick work, does not allow me to get ssp, as it is my day off Since my health has got poorer, my earnings have been vastly reduced; 2008-2009, £12,600; 2009-2010, £9500, so my gross earning are less than the year before If I didnt get disability element then I would have to work more hours just to meet outgoings, but in doing so, I may very well make my self more ill, as I realy need to rest
  3. Hello I was the claimant at a hearing last week but the judgment went against me. At the end of the hearing I asked the judge permission to appeal on a point of law and he said, "Yes, of course, and I set a timeframe of within 14 days to do so." (I have to say the man was completely inept, admittedly, the legislation I had raised within my bundle is a little obscure and he said he had never heard of it before, googled it, read it but read it completely wrong! As a result, the money in dispute essentially went to a 3rd party who was not a party to the claim and was not even a party to the contract!) On that basis I wanted to appeal to which he gave permission. However, I received the General Form of Judgment today and it just states case dismissed and no order for costs, nothing at all about the appeal he granted. Is it therefore sent seperately? I even have the transcript where he grants the appeal. Thank you
  4. 6 months a go I had an ATOS WCA. I was ill and unable to attend. I contacted ATOS to let them know before the WCA and they requested a letter from GP confirming this. I visited my GP who after an examination agreed to send a letter to this effect to ATOS on my behalf. A month latter I received a letter informing me my ESA had been ended due to failure to attend and not supplying any reason as to why. I contacted my surgery, who had told me the letter had gone, and after some time it was discovered the letter had been left behind the reception of a different surgery to the one I attend, and never posted. I was told by the ESA advisers I would have to begin a appeal in order to send this letter in. This is what I did. I had appealed before and had received the standard appeal rate whilst waiting for the appeal, once the appeal had been processed. It took 4 months for my appeal to be processed. During this time I had been told that to make any new claim would invalidate my appeal and would save no time regardless due to the backlog. When my claim was processed it was made clear that I would receive no payments whilst my appeal was in process. I contacted the CAB and after a brief interview gained a full consultation. This took a month. The CAB informed me that I could, in fact, claim JSA whilst my appeal was in process without it affecting my appeal, despite the obvious conflicting requirements of JSA and ESA. This has left me with a 6 month deficit of payments which I owe out to my utilities providers and landlord, for which I am being taken to court. I have been told that whilst I can apply for backdating, it simply won't happen. They would also require a 6 month history of active job seeking, something there was no way for me to be aware I needed to be compiling at the time. I'm at a loss as to see how I would have been able to avoid this situation. I have made another appointment at the CAB but I'm not sure what they can do. Is this simply the way the system works?
  5. I had my ESA Appeal on Monday, finally got the letter today saying that I had won. Does anyone know if they backdate it to when I had the letter saying I wasn't ill enough to get ESA, as that was in February, waited a long time for this appeal.
  6. Can anyone help me? I have been dismissed from work and appealed against the decision. During my appeal interview I presented additional evidence that was supposedly investigated. However when I received the appeal decision letter copies of the interview notes were not included even though the interviews are referred to in the letter. Am I entitled to these notes?
  7. At the moment I am in the WRAG (just started the work programme) thought at the moment they are not hassling me. Anyway I have my DLA appeal next week. Recorded I suffer from Depression Anxiety Arthritis High Blood pressure On going chest infection On medication for the lot. I have just had a chest x-ray for a very long ongoing chest complaint (results should be known next week). At the moment I use an inhaler, antibiotics, but they not really helping. I am also booked for an Asthma clinic (if the chest x-ray shows nothing more)/ The pressure of it all is making the condition worse, can I use this info at my DLA appeal. There is mention of long term chest infections on the doctors print out I have sent them, just not the latest about the x-ray. They will also be able to hear my racking cough, and wheezing so they can tell I have a problem.
  8. I worked for a large DIY chain and have just been dismissed for sending out a customer delivery with out paperwork.I was instructed to do this by a manager who then denied giving me permission.CCTV evidence was used but only shown to myself to prove there case during the step 2 but when I asked for them to view my approach to the manager on the day of the incident they refused to view it this would have shown I got permission.Even worse my son was working on a temporary contract along with 2 others and done o/t etc for them whenever they needed never had a day off in 5 months and received a letter from them 2 weeks prior to my dismissal saying how well he was doing.On Fri he was told he would not be offered a contract and his contract ended.All this I fear was done to myself because of personal reasons and the GSM dislike of myself.I have worked for 7 yrs for them in this time I saved a member of staffs life and have never ever had any discipline issues or absence.I have appealed and sent in an 8 page appeal. How long should I have to wait for appeal ? Many thanks
  9. Hi there - my husband received a parking charge notice from Civil Enforcement Ltd a few days ago for £75 for I had pulled into the car park to pick him up and also find a safe spot to feed my baby. I did not notice any signs as I drove through the entrance warning me I would be charged for waiting there. I didn't leave the car at any point. As with most people who receive a charge like this through the post, I'm pretty annoyed as I do not feel the signs were obvious enough. A £75 charge for failing to pay for 15 minutes is ridiculous. I have read a number of threads in relation to ignoring or appealing the charge, but some are quite old and I'm keen to hear from anyone who has ignored their demands or sent an appeal recently. How many/what letters can I expect to receive from them? How heavy do they get? Has anyone had bailiffs round? I understand in the past a registered keeper could claim he was not the driver (I drove into the car park and my husband drove out) but this can no longer be used as an argument? Thanks in advance for your help!
  10. hmrc recently wrote to me to say that I can't appeal a tax credit decision because I said in my letter that I wanted to appeal against the overpayment outstanding on my Tax Credit award. I had written to them because they erroneously overpaid me and are now asking for it back. They paid me despite my telling them to stop and as I understand it they are not allowed to ask for overpayments back when they have made a mistake like this. It was not clear that they were paying me because I received child tax credit, working tax credit and childcare element and it was only the childcare that should not have been paid but all the payments got mixed up together. So I am fairly sure that I am in the right, BUT they have now said that I can only dispute the overpayment, not appeal. I don't understand the difference to be honest. Is this right? Or should I get back to them and query the appeal refusal? All help gratefully received.
  11. Last week my son won his ESA appeal, this is the 4th time he has won, after getting 0 points, the decision notice is different from his last ones, so it must be a new form, it does not say how many points he got from the panel, it says the appeal is allowed, and he is entitled to ESA with the work related activity component, it also says, this is because insufficient points were scored the meet the threshold for the work capability assessment, but regulation 29 of the ESA regulations 2008 applied. No schedule 3 descriptor applied. Regulation 35 of the ESA regulations 2008 did not apply. Could anyone explain the above for me please, I would be most grateful. also there is at the bottom of the form a statement. Information for the decision maker, which says this does not form part of the tribunals decision, any recommendation given is not binding on the Secretary of State. it states:- 1}The medical/functional assessment report relied upon by the decision-maker contained significant error. 2}and also:- they recommend the DWP does not reassess him within 1 year from the date of the tribunal. My question is about number 1 above, can he ask for a Statement of reasons for his tribunal, to find out what these errors where, and who does he write to, to find out. Many thanks.
  12. Hoping someone reading knows or has gone through the procedure of lodging a 'case stated' appeal and managed to decipher the ambiguous information in Procedure Rules and Practice Directions etc. Particularly confusing is knowing which supporting documents are required to accompany the Appellant's Notice (Form N161). The confusion seems to arise with form N161 being general purpose. For example section 11 of the form (Supporting documents) lists copies of "Grounds of appeal" and "skeleton argument" to be filed at the appeal court along with copies of the appellant's notice, whereas Practice Direction 52E (appeals by way of case stated), only this: " The appellant must lodge the following documents with the appellant’s notice – (a) the stated case; (b) a copy of the judgment, order or decision in respect of which the case has been stated; and © where the judgment, order or decision in respect of which the case has been stated was itself given or made on appeal, a copy of the judgment, order or decision appealed from . Practice Direction (52E) then states that "the appellant must serve the appellant’s notice and accompanying documents on all respondents within 4 days after they are filed or lodged at the appeal court". However, form N161 leads you to believe these should be submitted to the appeal court. The decision against which the appeal is being made relates to a council tax liability order (Magistrates' court). I don't know how it's going to be possible to lodge one of those, I don't think they generally exist, and almost certainly not sealed by the court. The other worrying thing is why the Civil Procedure Rules don't mention lodging grounds of appeal, skeleton argument etc. in the Practice Direction to state a case. On a final point, form N161 under section 11 (A bundle of documents for the appeal hearing containing copies of all the papers listed below), it lists among others; a sealed copy (stamped by the court) of your appellant’s notice; This cannot refer to the appellant's notice that the appeal court has yet to received can it?
  13. Hi Im processing a PPI claim for my wife, we had a letter from halifax saying that we had PPI on her credit card and if we feel it was miss sold then let them know which we did as we were not even aware we had it. We told them this, we told them we didnt know the policy existed and it was never requested, if we were offered it it would have been refused, also if something happened and we needed to claim on it we wouldnt have been able to because we didnt know it existed. they have sent a refusal letter that is from what i can gather the standard one. Ive drafted a appeal letter that ive put below, can someone read it and tell me if its OK before i send it on? Thanks Dear Sir/Madam, Ref:*[insert your PPI policy number] On*[date of first call]* I called you regarding the PPI policy I was sold by*Halifax in conjunction with my application for a*Credit Card.* I have since received your reply; however I do not feel that you provided me with adequate justification that the policy was sold to me fairly and that it is, in itself, fair and reasonable as requested.* It was not explained to me what PPI was or that I was being sold it. it was just included on the credit card documents like it was a necessity. I wasn’t even aware I had the PPI protection till I received a letter from you years after the policy was set up Informing me it was there. During the Time I Have had this credit card with PPI protection I have suffered a serous car accident that has left me with constant back problems and I have had 5+ months off of work because of this. I did not claim off of my PPI insurance during this instance because I was not aware that the policy existed . This would have been the only time I would have attempted to claim but in my research for this claim i have come to the understanding that PPI does not actually cover back problems so the policy would not have been suitable for my needs. If I was actually offered it at the time of my application I would have refused it. As such I plan to take my complaint to the Financial Ombudsman if I do not receive a more favourable response from you within the next 14 days. Yours faithfully
  14. Hi, I'm a 60 year old man and have suffered severe depression for the past 14 years. During that time I have been investigated for benefit fraud about 6 times. On each occasion I was found to have done no wrong. During the past two years I have been accused of LTAHAW. Subjected to Crown Court prosecution etc. In January a Tribunal agreed that my landlady and I are not a couple. Reversed an IS decision and stated I was entitled to HB as a 'passported benefit'. The HB appeal was heard at the same time, but at the last minute the council asked that REG 9 be considered. This caused an adjournment and a further hearing. I lost at that hearing. I appealed for leave to appeal to the Upper Tier. This was refused Frankly I don't know the law or how to do this. I'm alone and don't know how to argue the matter or what to say. Losing makes me liable for about £12,000. Can someone help? Or point me at someone who can? My local CAB are overwhelmed by work and daunted by the complexity of the case. Time is running out for me.
  15. Can an Appeals Tribunal, if it is made aware of illegal acts perpetrated by the DWP, recommend prosecution of those individuals concerned
  16. I'm a bit stumped on this one. Maybe somebody that works for the DWP can give me a definitive answer. Facts: GL24 issued with a covering letter dated 3rd November 2012 (date stamped by the DWP as being received on the 30th November 2012). I was appealing against two decisions, one dated 2009 (decision notice sent to wrong address and never received it) and another decision notice dated 6th December 2011. I lost the former at a Tribunal as it was out of date and that the decision notice was sent to the 'last known address'- I'm OK with that. The latter the DWP refused to accept that it was a 'proper' appeal. In July 2013, the DWP suggested that I should lodge another GL24 against the December 2011 decision notice. This I did and it too has been thrown out as being out of time. This all now hinges on the covering letter and GL24 sent to the DWP on the 3rd November 2012 - is it a proper appeal notice. The GL24 states "name of benefit - ******, date at the top of the letter about the decision - No idea, have not seen the notice, as it was never received by me". The covering letter attached to the GL24 states "This appeal form is also to cover the decision made on the 6th December 2011" As you can see the GL24 clearly referred to the 2009 decision, but that I added by way of a paragraph in my letter that it should also relate to the December 2011 decision. The DWP are refusing to accept that it is an appeal as it is not on shown on the GL24. The DWP are well aware what would happen if they allowed the November letter as an appeal - it would open the flood gates - a considerable amount of money is riding on this £15,000 +. I was told unofficially by a DM that they will 'fight tooth and nail' to close me down along with the money. In the end it's not about the money but more a point of principle. I view it as you can't lose something if you have never had it. If the DWP are made to accept it as a valid appeal which will bring about the payment, I intend to give it all to charity - seriously. I have no need for it as it will take our savings to well over £25,000 and play havoc with the Pension Credit review next June. Yes I know all about deprivation and will worry about that when the time comes - I want the DWP to make the payment direct to a charity of my choice. Any thoughts or ideas please?
  17. im typin this on behalf of my mum who is sittin on sofa dictatin to me i am to tell you we are in scotland so people who reply should bear that in mind please also i dont know if this is right place to post this but i hope so mum said this site has been great help in past with her welcome finance fight which is still ongoin. Anyways, mum has severe arthritic joints, carpal tunnel syndrome, aneamia and diabetes type 2. she has enlarged spleen and her liver function is bad due to many years on medications. she is on various medications and may need spleen removed in new year as well as her ovaries. my mum works 16hrs per week in a supermarket but is holding onto the job by skin of her teeth due to absences which in my opinion are caused by her job makin her condition worse despite doctors givin her sick lines with advisor note to be moved from her current position. She works in chilled cabinets which causes her arthritis to flare up bein in the cold. mum applied for dla and was refused despite doctors and consultants fillin in forms. at appeal, the lawyer actin for mum asked for middle rate allowance but people at appeal said he only asked for lower rate and then he contradicted himself few times makin mums appeal a farce and she thinks this is why she was refused. she appealed the appeal and they sent her a cd but no list of reasons why it was refused,and they sent the lawyer a list of reasons but no cd. mum saw the solicitor today to discuss appealin again because in th appeal they said mum was workin so she is fit and healthy. mum only manages to work because she gets help to dress from my dad, mum cant use knives or lift heavy pots of water etc because due to carpal tunnel syndrome she has burned her legs and arms which she showed solicitor today where she dropped pot of water last week but she does this quite frequently because she is not one to accept she cant do things but she is learnin now she really does have problems. mum thinks she was indirectly discriminated against because she has a job ( which she may not have for much longer as she keeps droppin things and she cannot go up and down the stool needed for her job and she keeps havin time off due to knees and wrists) and because she has condition which varies from day to day even tho her medication doesnt. her doctor is shocked she was refused because with mums problems, she could not get in and out of bed ( arthritis in spine as well) if she lived alone even with the bed rail she got from physio nurse if her carpal tunnel is playin up because she has no power in her hands wen its bad...... so she needs dad to help lift her. she has swivel bath seat to get in and out of bath or shower because she cannot bend her knees properly. Mums mobility is takin a batterin over past year and she suffer bouts of depression over it which doctor does help her with. The doctor has said mums health is deterioratin and will continue to do so and if she lived alone she would be a risk to herself. He is even tryin to get mum amenity housin all on one level because she is gettin worse. mum has appoinment with neurologist next month to investigate her carpal tunnel syndrome more thoroughly as one of her hands looks deformed because she sits with it a certain way as she says its less painful that way. mum has worked all her life and refuses to give into her disablity but this dla appeal is causing her serious upset because her doctor told her to apply and he has filled in 3 forms for dla apparently sayin she is a risk to herself and she needs personal care durin nights ( dad has to help mum move durin night or her spine causin severe pain..... my parents spent £400 gettin orthopedic mattress to help mum durin the night as she felt terrible wakin dad to help move her) mum got herself a different car 2yrs ago wen she started havin pains in her shoulder adn wrist joints....she got car with gears high up and automatic handbrake because she started pullin shoulder muscles wen she was puttin her handbrake on...... dad got handrails put outside front door and also 2 new handraisl for goin upstairs..... they have spent fortune tryin to make life easy for mum without askin for help and mum made things worse by not tellin doc how bad she was gettin. Mum is not a cabbage, but wen her conditions flare up which is quite often now, she cannot function without any help. Mum is also deaf in her right ear, and this was in her dla form but at appeal they said they didint know that because mum just said she had to ask the people to speak up or look at her so she could lip read but they said that wasnt in her appeal notes yet it quite clearly shows it was in the paper she showed me. mum is askin if anyone has any advice for in scotland on how she can appeal again. she is told she needs a point of law to ask for permission to appeal to upper tribuneral but her solicitor thinks its best just to leave it and apply for somethin called PIP which replaced dla. mum is quite adamant she wants to fight this because she feels as she has variable illness and no diagnosis yet for liver and no decision made on spleen and she is holdin down a job that they have held this against her, her doctor is shocked as well because he says she cannot live alone without hurtin herself. can anyone help mum on this. She said it would be much appreciated. I forgot to add ( mum still dictatin to me) that mum cannot walk far and she cannot use walkin aids due to carpal tunnel syndrome and she obviously cant drive wen her condition is bad, but her car is her lifeline ( she has done under 2000 miles in one year) and she thinks this is held against her too. also the doctor who came to house to do check for dwp has said on his forms he was with mum for over 50mins and asked her to do several things but dad said he is liar as he was with mum at time and the doctor was in house for 23mins and never moved off the chair he sat on.... so is that not falsifyin a legal document or somethin.... thanks in advance for any help
  18. so to cut a long story short, i have an annual season ticket, i got a fine on a bus because i had lost my photo card and even after exhausting many avenues to replace it it still took another week before i could get a new one anyway after appealing three times, the last letter i sent them with my case was on the 8th of june, this week i recieved a reply after what i worked out as around 17 weeks, or 129 days, i believe i read somewhere they have to reply within 56 days? they are now stating my final appeal was rejected My letter 8th june: "Dear sirs/Madame Apologies for the slightly late reply, I did not receive your reply until Thursday of this week (6th of june) even though the letter was dated the 25th may Again I enclose a copy of the fine, my season ticket and new photocard, again I would like to express the fact that I went to MANY an effort to have my photocard replaced upon losing my photocard on the weekend of 6th april. A few key points I would like to make on this appeal 1- Rye house ticket office was not open all week which when I arrived in the morning and evening (7.15am and 5.57pm respectively) 2- Stratford station was unable to process my request as they stated they was too busy with customers waiting behind to process a photocard replacement 3- Broxbourne station attempted twice for me, however stated that “the system will not let me in” 4- The bus driver should not have let me on to the bus in the first place, had I known this I would have walked instead I spend over £2500 a year and went to every effort I possibly could to get my photocard replaced and feel I physically could not have done any more short of searching London for my lost photocard, We are often stopped atleast once a week by inspectors on the train and not once have I forgot my photocard in the last 19 months of being a season ticket holder, more often the time inspectors not even checking my card, I would appreciate this time that this is looked at by management, and I would like a manager to call me on my mobile XXXXXXXXX so that I can actually discuss via a telephone conversation the matters of this fine Kind Regards XXXX " Here is their reponse 10th october "The panel decided that passes which need photocards are only valid for travel if they are accoompanied by the relevant photocard, and it is the passengers responsibility to see that they have that photocard with them whenever they use their pass. From the infomation made available to the panel they concluded that you do not do this and your grounds for appeal were not accepted. In coming to this decision the panel accepts that this was not deliberate but Gold cards are not valid without accompanying photocard. A drivers license proves identity, but not entitlement to the discount being enjoyed. you were aware you had lost your photocard and you should have bought tickets for your journey until you were able to replace it. In this instance the panel accepts that you made a mistake and had no intention of deliberately avoiding payment. The panel noted that a penalty fare is appropriate for inadvertent breaches of travel conitions and one was correctly issued in this case. payment is now due such and such...." Thanks for any advice
  19. I recently came back to my car to find I had a PCN contravention code "46 - Stopped where prohibited (on a red route or clearway)". I have 2 possible grounds for appeal. Firstly, I was in a bay which normally allows parking when purchasing a teicket from a machine (which I did) but there was a temporary, flimsy "no waiting" sign attached to a nearby lamppost (which I did not spot). Does this count as stopping illegally under code 46 as it wasn't a red route or clearway? Secondly, the temporary sign was high up on the lamppost and facing parallel to the road. Is this the correct way to display the sign? If not, do I have grounds for appeal? I would be grateful if someone in the know could advise me. Thank you
  20. Hi Folks HMRC state I owe them an amount from 2008-2009 which only came to my attention on submitting my 2011-2012 self-assessment. In 2008-2009 I was bed bound due to ill health and receiving incapacity benefit and company benefits. HMRC have explained that it was my responsibility to make sure my tax code was correct at that time, so the onus is on me. At that time I was an employee off sick and it didn't occur to me to check. I can't afford to pay the amount. Today I spoke with HMRC and we went over my budget. It calculates that I don't have enough disposable income to make an sort of payment. My case has now been passed on and I'm awaiting further contact as I'm told they want further details. I'm partly on income-related employment and sickness allowance and on a self-employed low income. The representative I spoke with today advised I appeal one last time and explain that I was ill etc. I've refrained from doing that so far as I couldn't see how that would be considered in my appeal, and I really didn't want to pull out the "I'm sick" card. Has anyone else here been in this position before and knows what happens next? Is it likely to be passed on to a debt collector? Thanks
  21. My wife is due to go before a tribunal for her ESA appeal. She scored 15 points from the descriptors but she does not have limited capability for work related activity. On the medical assessment form she put it varies in the mobility descriptor when she is in fact unable to walk 50 metres as she has CFS and it is getting worse. We have since written to the DWP and sent in evidence from her doctor and social work dept confirming this but they seem to be ignoring all this and going by what was written on the form. Although they were specifically asked not to they contacted my wife, they did and got her in to a terrible state. My wife explained that she can't leave the house on her own and on her best days can just about make it downstairs to the couch due to extreme exhaustion and joint pain. She was asked if the information on the form was a true reflection of her current health, and thinking she was being accused of lying on the form she said yes This is definitely not the case and we told them we would be happy to go for any assessment they deem fit. . She also has mental health problems and the stress she has had to endure is unbearable. They seem to have ignored the mental health descriptors completely. We have had hand rails and a bath seat fitted to our house but it cannot be adapted for her needs so we will have to be re-housed. She is down as a high priority for a disabled house in our area. She went for her appeal tribunal on Monday 07/10/13 but it had to be adjourned as the lift was broken and she couldn't get up the stairs (it was on the fourth floor). My question is will the tribunal take all the other evidence in to consideration or will they go by what was written on the form. The form was filled out in May and the call from DWP was on 02/07/13
  22. Just to let anyone who wants to know that I have just received via email the result of my POPLA appeal against a parking fine issued at Charnock Richard Services on the M6. I won!!! they upheld my appeal. Don't know how else I can help people, still have copy of my defence statement and have copy of there decision but not sure how to upload for all to see and use if they want. Think I may have sussed the attachment feature will try to upload the docs.
  23. Hi, I've been having the usual nightmare with Safeloans. I've made numerous offers of repayment which have been ignored, they can't even be bothered to say 'no' to my offers. It's now at the point where they've issued a Claim Form, hoping I'll give in, or they'll get a judgement against me if I don't turn up to court. I've already acknowledged service online, and plan to defend part of the claim. Their Claim Issue Date: 17 April 2013 Amount Claimed: 546.50 Court Fee: 55.00 Solicitor's costs: 0.00 Total amount: 601.50 Particulars of Claim: The claimant agreed to lend to the Defendant under a fixed sum loan agreement dated 25 November 2013 the sum of 200.00. The Defendant agreed to repay the loan upon pre-determined dates between 1 to 4 months. On 24/12/2012 the Defendant failed to repay the Claimant's loan and is in default under the terms of the loan agreement. T he Defendant has agreed to pay the Claimant's expenses and charges in the event of any default as set out in the terms and conditions of the loan agreement. . ...And the Claimant claims:.. 1. The unpaid loan balance 200.00... 2.Interest and loan charges of 346.50.. 5. The claimant claims statutory interest at 8% up until the date of settlement, under section 69 of the County Court Act 1984. .. 4. The Claimant total claim is 546.50..Date: 15 April 2013.... Note: The order of the Claimant's claims (1, 2, 5, 4) is exactly how it appears on the Claim Form. They've done some really nasty cut and paste job. Number 3 is missing. My Defence On 21st December 2012, I attempted early repayment as this was the last working day before Christmas. I made several attempts to pay from two debit cards, but their website refused to take the payment. I contacted my bank who said the payments were authorised and plenty of funds were available, but the money just wasn't taken. Safeloans allow early repayment at a discounted rate. On the 21st December I should have been able to clear the loan with £250. As I work in a rural location with a poor signal, I was unable to contact Safeloans by phone. They close at 17:15 which is before I get in range of a signal. I was able to discretely call my bank, but this took up my entire lunch break. When I was finally able to talk to Safeloans on 27 December, I told them about my payment problems and asked them to accept £250, which is what I should have paid if the site took payment. They refused and demanded I pay all the interest and charges they'd added too. I just hung up. Since then I've sent them numerous written offers of repayment. Most were £51.60 for five months to clear the original loan of £200 plus one month's interest of £58. All of my offers have been ignored. I made a payment of £51.60 last month, and will keep making them until I have paid £258. I think the court would look favourably on this. I intend to admit liability for £258 (minus £51.60 already paid), and then defend the rest of this ridiculous claim. A Counterclaim? I have spent hours writing long emails to Safeloans, all of which would be unecessary if they'd just accepted one of my offers. I freelance as a web developer and these hours could have been spent making money. My hourly rate is £30. Safeloans have also made at least five calls to my place of work. This is embarassing, could result in the loss of my employment, is extremely stressful, and damages my professional image. What costs and risks are there involved in filing a counterclaim? Can I claim: 1. My freelance rate multiplied by the number of wasted hours spent emailing them 2. One month's wages for embarassment, damage to reputation, risk to employment, stress 3. One day's wages for taking time off to attend a court hearing, which was entirely avoidable if Safeloans had negotiated Data Protection Act Safeloans made a massive balls up. In Feburary, they sent me a letter with somebody else's details in the same envelope as my own letter. Can I use this to my advantage? Thank you
  24. I recently failed with my ESA appeal. Still undecided whether I'm going to pursue this. Anyway, today I got a letter from my council saying because I'm off ESA, my housing and council tax has been suspended so they can investigate. I have no idea what's going on. I just keeping going round in circles trying to find information online. Any help or advice would be greatly appreciated.
  25. My husband has been placed once again in WRAG group at renewal; however we were not notified of this decision until the JCP advisor rang, and she told us it was for 2 years this time. We requested all of the information held from DWP, upon reading through they state my husband was assessed at a medical - but he has never had one for ESA! Even the JCP lady thinks he should be in Support Group, she advised him to appeal and it was a real shock to see what has been written. So my question is, where do we go from here? Do I add this further information to his appeal or do I keep this back in case its needed at a tribunal? Many thanks
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