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Found 31 results

  1. Hello! This seemed to be the place to put this, though equally it could have gone in transport or benefits. I had a look through and couldn't find any similar threads. I have fibromyalgia and have been trying for the last two years to get a disabled bus pass. It's been complicated by the fact that I have never been in receipt of mobility in PIP, something I decided not to appeal the first time round as I just didn't have the strength. When they re-assessed me, I decided to take it to tribunal and have been waiting, and waiting, and waiting... In the meantime, I have been trying to get a bus pass. There was a form on their application form for a doctor to fill in and stamp to confirm disability, which I made a (non emergency) appointment to do, she filled it out, I sent it off with a photo and expected it to be that simple. The first time was rejected for no reason, and again I did not have the strength to continue to fight, but a year later I decided to try again. Now they say that I must attend an 'assessment' with one of their County Council 'independent mobility assessors' to see whether or not I qualify. Apparently evidence from my GP and specialists is worthless. I have several concerns about this and was wondering if anyone had experience of this? How long does it take? How do they assess you? Do they seem genuinely interested in finding out if you have an 'invisible' illness or just in finding a reason to turn you down? I have a bit of a dilemma, because I *could* just wait for the court date (whenever that is) when I am hoping I will finally be awarded mobility, and then I can provide that as evidence and not need to undertake this 'assessment'. But then again, that could be a while. Thanks for any advice or info on your own experiences. I appreciate it.
  2. In September 2016, the government set up the HMCTS Historic Debt Team as a pilot scheme to recover outstanding court fines that had remained unpaid for a period of up to 10 years. In many cases, the reason for the fines not being recovered had been due to individuals moving address etc. In March 2017, the government announced that since its launch, the HMCTS National Compliance and Enforcement Service had recovered ‘significant sums’ and as a consequence; the Historic Debt Team expanded their tracing activities to recover outstanding court fines over 10 years old. Every day I receive at least half a dozen enquiries about an 'historic' fine and with far better computer technology at the courts, it is actually very easy to make enquiries about the fine etc and in many cases, an application can be made to the court for a Section 14 Statutory Declaration. Should I pay or make a Section 14 Statutory Declaration? Given that the majority of court fines from the HMCTS Historic Debt Team may go back many years, many people have little or no supporting documentation available and are naturally worried about the prospect of applying for a Section 14 Statutory Declaration and instead, decide to pay the amount requested in order to conclude the matter. This is perfectly understandable. Is there a time limit for making a Section 14 Statutory Declaration: An application for a Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine. PS: And despite inaccurate internet advice, it is not 21 days from becoming aware that a Statutory Declaration is on option !! Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery? No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person ......(continued on the following post).
  3. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  4. The Parking Prankster has posted a very interesting and helpful case where the Judge stated that the Witness statement included facts that were were "tantamount to perjury"-strong stuff. http://parking-prankster.blogspot.co.uk/2017/09/ In the Blogspot summary the PP points out that PE and others quite regularly send out Witness Statements that are a tissue of lies and can get away with it because they have no intention of having the witness appear in Court . So there is no comeback on those parking companies or their tame legal advisers who mislead the Court. The PP thinks this is wrong and urges all defendants to call for the Parking Company's witnesses to attend Court thus putting an end to one of their disgraceful practices. Obviously any current members who are having problems with PE should fire off a letter to them stating the above case and advising them that if they issue Court proceedings against them, not only will their witness be called to give evidence, the reason why that is being demanded will be included so that the Judge will be forewarned of the type of company they are dealing with. One imagines that PE will decide that it may be wiser to find some other motorist to take to Court.
  5. 100 years on, Defence Secretary and members of the Armed Forces attend Passchendaele commemorations READ MORE HERE: https://www.gov.uk/government/news/100-years-on-defence-secretary-and-members-of-the-armed-forces-attend-passchendaele-commemorations
  6. Hi folks, i need somebody to inform me what the empty spaces are needing as ive re read this block several times and its not clear to me.
  7. Hi, and here we go with my welcome story. I purchased a car and the loan was through welcome finance - the original agreement was taken out in May 2006. Payments were made as agreed then I had some financial difficulties and they agreed to reduce the payments to £150 per month - again these payments were met. A short time later I missed payments again (2 I think) and received a default notice. I telephoned welcome and he said payment needed to be made otherwise they would take steps into repossessing the car. I said on working my figures out we had paid over the required amount and did not have any right to repossess - the answer to this was that I had signed a new agreement in August 2008 when reduced payments were made and therefore with this new agreement, with added interest and extended terms! not enough money had been paid - my reply what new signed agreement, I did not sign a new agreement!? - please send me a copy. Eight weeks later no cop sent telephoned were I was told they could not find this agreement (surprise, surprise) my question was what happens now he replied that I needed to write to head office with my complaint. I also asked so what happens now surely you cannot revert back to my old agreement because as far as you are concerned this was revoked and a new one was signed to which you cannot find? - answer I think you need to contact Head Office! I have uploaded my agreement for anyone to look at, but my questions are this 1. What letter do I need to send 2. Where do I stand with regards to any payments to be made 3. Does my old agreement still stand Thanks for any help in advance
  8. I think i've found the answer (as usual jobcentre didn't follow proper protocol) but to help others i'll post some links. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/473426/admu4.pdf Page 4 seems to say that i am exempt from any work related requirements due to being a carer. On page 9 claimants who must attend WFI but are not subject to WRA are dealt with separately. From https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide https://www.whatdotheyknow.com/request/224561/response/568813/attach/html/9/07%20Post%20Work%20Programme%20Support.pdf.html The above details what happens after completing the work programme (NJWFI is the appointment you will likely have had after first being awarded ESA, linked at bottom). Take away is that voluntary claimants (those exempt from WFI and WRA) don't need to attend the completer appointment that follows the work programme (may be another request to attend within 26 weeks). Participation is PWPS remains voluntary in any case. 30. For purposes of Post Work Programme Support voluntary claimants are:  Support Group  Credits Only  Full Time Carers  Lone Parents with a youngest child under one  Claimants at or over the age at which they are eligible to receive Pension Credit  Claimants awaiting their initial WCA outcome  Claimants appealing a WCA decision that they have no LCW i.e. disallowed ESA  IB claimants NJWFI link: https://www.whatdotheyknow.com/request/224561/response/568813/attach/html/6/04%20Conducting%20the%20NJWFI.pdf.html
  9. I received a call from the JC asking me to come down on my usual signing on date but earlier for a meeting what could this be any input please Regards mashmallow
  10. Hi all, I've been asked to go to a disciplinary on Monday: This is part of the letter emailed to me, I've accepted the meeting but now I want to refuse it. -------------------------------- Evidence of this is a Bradford factor score (based on absences in the last 12 months) of 238. You have reached this score following a 5 day absence in February 2014 and then 4 short term absences in the past 6 months – August 8th – Migraine September 10th – Sickness December 8th – Cold/flu January 18th – Stomach ache/sickness -------------------- 1. The bradford score he's worked out is wrong. 2. It was 4 days in Feb not 5 - so not accurate, which is should be as this is the only sickness I have done a return to work interview for. (before he started work here) 3. no return to work interviews at any of the other sickness dates, I made him aware in September I've not been getting return to work meetings and he just told me that my score isn't bad and there is nothing for me to worry about. 4. September says sickness because there is no record of it anywhere, I can't remember what it was either at this moment. 5. I feel like he's wasting my time, and doing it for alternative reasons other than concern about me/my team, he's already decided what he's going to do about it before we even get to the disciplinary. I am going to call Acas on Monday as well, but I start a 7pm, the meeting is at 8pm and I have an hour when I get here, which I am planning on emailing him, and the CEO of the company and refusing to attend this disciplinary, but inviting him for a meeting with me? I don't want to seem like I don't care about my sickness, I do, I work around 250 - 300 hours a month and I have more than covered the lack of staff situation - including the massive mess over xmas/new year, I do other peoples jobs for them and fill in where needed and I feel like it's all meant nothing. I have been here 18 months. Please anybody with any advice, thank you!
  11. I am due in Court later this week for a repossession Hearing, I have filed a defence and so now it is going to take a day for the hearing to take place. I currently have laryngitis and literally just have a `squeak` as a voice, am I able to geta Doctors note to not attend Court and if I don`t attend, after having given a Doctors note, what will happen please? I am defending myself so would need to do a great deal of talking, which of course is going to be near impossible, please help because added to my illness, this is making me really stressed Thank you.
  12. I sign on again next Monday but I have a wedding to go to on that day. What do I do? I wont be able to attend that day at all :/ Do i lose my money? thanks in advance:!:
  13. I have an hearing on Jan 29th - was charged a further fee of £50 for this application - I have now managed to obtain funds - family and selling stuff on ebay to be in position to repay the outstanding balance of £760. My question is - can this hearing be then cancelled ? will the other party try and claim more costs on top ? - This debt was nearly £8,000 and in a year I have sold goods, belongings, jewellery and £2,000 from my Mum and also used some of my student finance hardship fund and sold my touring caravan to pay - yet still I have been hounded dispite the court only ordering me to pay £20 a month.
  14. Hi, I am currently taking someone to court over an ebay dispute. The date is this Thursday the 8th. I am however too ill to attend and have been told by my doctor that I need complete bed rest for the next 7 days (serious pregnancy complications) and the court is a good 2 hour drive away. Is it too late to get the hearing adjourned? The doctor said he would be able to supply a letter if needs be. Thanks
  15. Hi all, I was hoping that you good people could offer any advise. My son was placed in the ESA support group. The claim was made November 2013 and he was finally placed in the support group in September 2014. We received a letter today titled Notification of Office Interview. I thought with him being placed in the support group that they could not harrass him. I can't upload he letter so I will typr it out below: An office interview has been arranged We would like you to attend an interview at: xxxxxx with xxxx. What to do if you cannot keep this appointment: If you cannot keep this appointment, or wish to report any changes in your circumstances, please contact me on xxxx. Why it is essential that you attend this interview This interview has been arranged because your circumstances may have changed and we need to ensure your payments are correct. Following this interview, we can arrange for you to see a Work Coach at the Jobcentre. They will be able to support you in considering your options for returning to or starting work. They can help with; Training to get the right job Work taster or work experience Discuss permitted work and how that can help you The best way to search and look for work What you need to bring to the interview Passport Driving license Photo ID AND Last 3 months bank statements. When you arrive at xxxx Jobcentre you will need to take a seat etc etc.... Do I have to take my son to this interview? My son is autistic and he can not cope with these kind of situations. Any help will be greatly appreciated. Many thanks
  16. I lost an appeal in November last year and costs were applied £750 - I appealed and this hearing was heard within another hearing Civil Case on Jan 4th 2014 - The Judge awarded the claimant £7,123 - off which £5,000 of this was costs. He mentioned something about only allowing certain sum of costs. I could not pay - single parent on benefits and offered £5 a month - this was refused so I applied for a redetermination hearing which was heard in March 2014. I informed Judge I had a caravan old tower 1997 that I could sell worth about 2k. Advertised on 8 sites including Ebay and no interest. Went back to court on Monday 23rd June to update situation and offered £25 a month (payable by my BF) this was again rejected - again given another 3 months to sell caravan then other party intends to get a high court writ. The upshot is unbeknown to me this debt has gone up - I thought the £750 for previous hearing was already added to final judgement of £7, 123 - the other party have now added interest and further costs on both amounts. I managed to sell some furniture and jewellery and paid £1,000 in April - thinking the debt was now £6,123 but the debt has now increased to £7,300 thereabouts. Impossible situation. My question would be - how do I query this £750 additional ? no mention of this in the final judgement so assumed £5,000 in costs was total. Can I question the interest side of things? if I managed ( family member) to pay off some and get it under the £5,000 does interest cease? The Judge mentioned any debt over £5,000 interest becomes payable. So would it be worth my while loaning the funds from a family member. Thank you for your help in this matter it is all very confusing.
  17. Hi can someone please give me some advice please ? My husband took out a personal loan with welcome finance in 2008, he lost his job and fell behind with his payments, welcome closed our local branch , we hadnt heard anything from them until 2 weeks ago . There was a knock on the door , my husband was handed a letter from the court . The letter's title is SUSPENDED COMMITTAL ORDER FOR DISOBEDIENCE (order to attend court for questioning) it goes on to say he was orderd to attend court on 8 January 2014 , the order was served on 29 November 2013 , you did not attend court and you were found guilty of contempt of court by disobeying the order of 19 November, the court orders my husband to be committed to her majesty's prison for the period of 7 days. 1. This order shall be suspended as long as my husband attends court on the 12 th November and complies with the order made on the 19 November 2013 2. If you do not comply with these terms a warrant will be issued for your arrest It goes on to list documents required bank statements, utility bills and so on. We are extremely worried about this matter , my husband informed me that last year he received a letter one evening , hand delivered to him , but unfortunately that was the night I was admitted into hospital, he said he totally forgot about , I was very ill for a while , not an excuse I know but with everything that was happening he didnt give it another thought. We have heard nothing at all untill now. I have looked at my husbands credit file and he received a ccj from welcome finance last November, I cant see any defaulted payments from them I have written to them for a cca requst . My husband is self employed and we dont own our property I am worried that we will be forced to pay large monthly repayments , I was wondering if we could offer a settlement ? If anyone could advise me on what to expect when we go to court or any other information that you think may help I would be very grateful
  18. 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.
  19. Not sure I have posted this in the right place but I have a question I hope someone can answer!! An old debt originally for around £750. Sold to a small company who have added interest and escallated it to around £2750 with bogus call out charges, find charges. Court said pay, I've said cant as do not have the money. This time last year court appearance infront of judge who told the creditor to set the bailiffs on me. Heard nothing more. late last year had to go for questioning about my finances for this debt. Showed letter that confirmed behind in mortage, electric bills and she (court lady) suggested offering £5 a month which I did on the form. Heard nothing. Now letter to go back to court infront of judge. I'm not really sure quite what the creditor is trying to prove. I am thinking to SAR the court? Just to find out exactly what has been recorded/ This guy has been chasing me for years and it really feels like harressment. I feel that there is nothing I can do!!!! Any suggestions please. Many thanks
  20. I hope this is the right place to post I have a school fees debt dating back 4 years ago. My daughter was there for two terms. I paid for a whole term and part of the other and then had to pull her out as my partner and I were separating he was going bankrupt and we couldn't pay the fees. At the time I was a housewife and he was the main breadwinner. The fees per term were £1800. I signed the credit agreement only I received a CCJ for this in 2011 Yesterday I received a letter dated April 24th to attend court for questioning on the 18th June The debt is now £10k I intend to be at court I am in full time work but with many debts including bank debts, HMRC and credit cards 1. Should I dispute what has been added to the original debt? If I do should I send this direct to the creditor? In terms of bringing proof of other debts what should these be? Should they be credit agreements which I don't have? 2. What is the likelihood of an attachment of earnings being made? I don't have any assets or own my own home , I rent Any help greatly appreciated Thank you
  21. Sorry if this is not in the correct forum, and hope i can get some help on this. My wife and I have been served with the above paperwork this morning, this relates to a ccj from 2005 which resulted in an attachment of earnings order for both of us. I am not sure if the ccj is joint or not as we both have separate paperwork from the court although ref no are the same. I stopped paying the ATO when i was made redundant in jan 2008 and have not had any correspondence of any sort within that time. My wife stopped paying hers when she was made redundant in may last year and has been doing temp work as and when. What I need to know is can they still enforce the ccj on me as no contact has been made or enforced for over 6 years. Also as the paperwork for my wife was given to me is it classed as being served on my wife. Thanks in advance for any replies.
  22. Hello there, I found out today that I had been sanctioned for failing to attend a work program appointment on the 7th of march. I didn't attend this because on the 6th I was given a letter at the job centre telling me my time on the work program had finished. I also mentioned to the advisers on three separate occasions that the work program (pinnacle people) keep sending me letters asking me to attend. I was told to ignore them. So today I find out I have been sanctioned until the 16th. I thought I would just try and document this somewhere on the internet as I couldn't find anyone with a similar case to mine. My adviser told me to fill out a DR7 form. Also does anyone have any idea how long these things take to process.
  23. Hi, Recieved a letter asking me to attend court for questionning, first letter. This is for a CCJ that was awarded nearly 6 years ago. It is due to come off my credit file on the 26th Feb 2013 basically in 2 weeks. I want to try and postpone this court order. It was for a CCJ from FV1-inc of which I never got the paperwork and frankly have heard nothign about for 5 years. I didnt challenge it as it was for an old debt and I heard that if you did it would reset the date. So I have left it. What would be the best course of action. I know if I challenge it then it may reset the date and as I have almost cleared my credit file I dont want to ruin it again. The creditor is Arrow Global and the amount is £5K. I dont own a house and dont have any sizeable assests. My wages are ok but I support my family. Any help appreciated.
  24. My brother-in-law as a history of depression and anxiety. His G.p as offered counselling. He as just started the process of moving onto ESA from IB and feels that this would be too much at the present time. He is now worried that if he refuses the doctor will not support him. He is going back in two weeks time and I would like opinions of anyone who as been in a similar situation.
  25. I don't wish to attend my disciplinary meeting. I've suffered from anxiety/depression for years and I don't feel up to it. I am expecting to be sacked anyway and wouldn't go back even if I wasn't sacked. They've not given me much notice. Can I send them a letter which they'll likely receive on the day of the planned meeting saying that I am unavailable and that they have permission to go ahead without me? Thanks.
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