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Found 13 results

  1. I am waiting for action against me with trepidation, I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago. Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago. I sent many letters DISPUTING with original lender credit card, but don't have copies. They eventually sold to Arrow Global. They, in turn, have used a succession of collection companies , who I have ignored / returned letters unanswered. I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ? There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in. At other times, like right now, I can compose a short email. Any guidance gratefully received . I think I destroyed my records last year in during a psychotic episode. I take anti psychotics, anxiolytics, mood stabilisers and anti depressants , all of which impair my cognitive function. Original agreement 1995 Last Payment 2011 (? needs verifying ) Default Notice possibly issued 2011 (? needs verifying )
  2. I have been claiming universal credit for around 13 months whilst trying to recover from anxiety and depression. I have on several occasions explained to the DWP that these conditions affect my ability to work and attend scheduled appointments, providing as much medical evidence as doctors will provide. Back in March I missed an appointment during a particularly difficult time for me. I wasn't able to talk to anyone or leave the house. I contacted the DWP as soon as I felt able and arranged another appointment, which I later rescheduled myself, against as a result of my condition. This all happened around 5 months ago. In the last 4 weeks, I was sent a sanction notice for the period. The missed appointment was the trigger, and then rescheduling my next appointment made it longer according to them. This has resulted in me losing almost 3 consecutive months worth of payments (the first one which would have been this week) for missing a single appointment. I contacted citizens advice, who spoke with DWP on my behalf. After speaking with their call centre staff, the charity advised me to seek a mandatory reconsideration and provide the medical evidence which DWP had requested. DWP wanted a medical note, but my GP would only provide me with a medical history as they cannot provide medical notes retroactively. The mandatory reconsideration decision was given today, and it was not overturned. They cited not attending any medical appointments around the time I missed my DWP appointment as reason to enforce the sanction, despite my conditions. Around a year ago, a similar situation arose, where my health condition prevented me from attending some appointments but not all. This particular issue was also addressed by citizens advice, and eventually went to tribunal. At tribunal the DWP argued that since I had attended one appointment during a specific period, I should have been able to attend all of them, which is completely at odds with the nature of my condition and how it can affect my day to day activity. My concern is that they will do this again, resulting in yet another tribunal process being a complete waste of time. I feel as though DWP are running circles around me, taking advantage of my health situation and punishing me for the symptoms it causes. In the meantime I have been able to find work, a government role which begins in a couple of weeks, however I have no financial support to help me through the first couple of weeks of employment and I am worried that the stress of this situation could potentially cause a breakdown (not my first) that forces me to resign. I am not sure what to do, any advice would be much appreciated.
  3. I'm hoping some of you may be able to give me advice. I have my ESA tribunal coming up in a few weeks and I am dreading it. I feel I will fail to express the real problems I have which have rendered me incapable of working for most of my life (I am now 44) convincingly because: A) I have autism spectrum disorder, so make mistakes with communicating (even my CAB rep said I'd talk gibberish in the tribunal, which upset me greatly); B) I have only just been diagnosed with being 'somewhere' on the autism spectrum, so I've not had time to fully understand the implications of how this has impacted my life in relation to work and, well, everything. It was also only very recently that I realised my mother had been emotionally abusing me for my whole life. I have since cut her out and feel much better for it. Both these things have left me vulnerable to bullying and being ''malevolently'' lead to say things that are against my best interests. When I claimed ESA, the reasons I gave for not being able to work were anxiety and depression. I feel though that my ASD diagnosis should be relevant to helping me communicate my problems. I am not lazy. For example, when I went to uni, aged 30, I spent 60+ hours a week on my studies and loved it. I got firsts for most things and loved being able to hold my head up high and say, 'I am a student.' For once I was fitting into society. But for most of the rest of my life I have lived in poverty because I couldn't cope with working. I have fled from one job; been sacked from at least one other; but mainly just scraped by avoiding work and, as I said, living in poverty as a result, because I didn't feel any one would respect the reasons I had for avoiding work. These reasons are, as far as I can define them: 1) Not being able to cope with being told what to do 2) Not being able to cope with being 'trapped' into being there at specific times. I couldn't even cope with being 'trapped' in the bathroom for our baby daughter's bath time, though I love her very much. Very, very fortunately my partner, her father, is absolutely brilliant with her and bath time is now their special time. 3) Not being able to cope with not being allowed unscheduled breaks 4) Not being able to cope with mornings. I function very badly for several hours after I wake up 5) Not being able to cope with interacting with colleagues and customers/anxiety over what they are thinking. Anxiety that I've acted/spoken weirdly 6) Being bullied 7) Not being able to engage with the tasks I am given 8) Not being able to cope with phone calls 9) Being horribly distracted by all kinds of things: noises/bright lights/uncomfortable clothing, etc I expect this list could be extended, but, as I said, I am only just starting to be able to define my reasons and take my problems seriously. I have a fear that responses I get from this will say things like: pull yourself together. They don't owe you a living. Such and such you said isn't a REAL problem. Blah blah blah. My hope is that I will get supportive, informative and empathic answers that will help me be better prepared for the tribunal. I'm also incidentally applying for PIP, which is going to be another terrifying autopsy of my abilities!
  4. Hi, long story here, i will try to be brief but doubt it will happen! Northern Rock have been threatening repossession for 18 months, but never actually doing it. I think i have them by the b*lls and they know it, so they don't want to open the can of worms so to speak. I have petitioned for divorce last week (yey hey) from my husband of 13 years. He was a financial advisor of 25 years. After separating last year for good, I took over all the finances in my home which I share with my two young children. I have Bipolar disorder, which is a mental health disorder and I am in receipt of benefits only, DLA ESA Child benefit and child tax credits. I was struggling to keep on top of the bills etc as he had always dealt with everything.This is when things came to light. Long and short, i requested copies of all mortgage applications from Northern rock and things did not add up. It shows he was in massive debt when he bought his first house before he was with me, yet they gave him a mortgage, he re-mortgaged 3 times on this property. In 2004 we moved in to this property and obtained a joint mortgage. This was one he had on the old property with northern Rock and he ported it across to this property, into joint names which i was happy with. He controlled all the money, made out that his business was doing well etc, then in 2008 things became clear. I questioned how come money was so tight if business was doing well. He had asked to take money out of the kids savings, which was only around £700, my parents had the books and he wanted me to get them. When i questioned this and a few other things, he battered me. I had him immediately arrested. He had been mentally abusive before now but never physical. Two days later we sat and discussed everything./ The business was failing and the mortgage was in massive negative equity. I told him to close the business and get a paid job. He did. But things were tight.He had a load of credit card debt to the tune of around £85,000.00 on top of the mortgage. We bought the house in 2004 for £169,000.00, and now, 4 years later there is £285,000.00 on it in secured and unsecured loans. This amount was given by Northern Rock within 18 months of moving into the property. RIDICULOUS. I was not working and he was self certifying his income. There were minimum payments to the credit cards of £3000 per month on top of the minimum contractual INTEREST ONLY mortgage payment of £1400 per month. We could not cope. His employer made him go self employed within their company after one year, then let him go 5 months later. He had no job and we were going under. I have had 2 applications for charging orders through the post. One for £26,000.00 has been granted and another for £22,500.00 has been applied for, both for his business bank overdraft and the second a credit card debt. I rang Northern Rock and explained this to them , since November 2009 they have been accepting reduced monthly payments of almost half the contractual amount. Since Sept last year when i kicked him out (at last) they have been accepting SMI (support for mortgage) payments only of £480 per month, which is £750 per month short of the contractual amount. Ever month i receive a letter from Northern Rock saying that i have not contacted them nor paid the amount due and am in arrears of XXX amount etc. Yet every month I call them to explain and agree the amount for that month, being the SMI payment. I have been passed from pillar to post, from the 'sensitive' team due to my illness , back to the switchboard and so on. I have been ill advised by them and when i query it they cannot seem to find the notes etc. I received a default notice at one point which upset me and i could not understand why. After I called them, it became apparant that NONE of my payment had been going toward the UNSECURED element. They never advised me to pay seperate amounts. I queried this and asked them to look into it. I was advised that it may be possible for me to go into a LOAN MODIFICATION, and after weeks of phone calls and income and expenditure forms, i was now told that they could NOT do this as I had recently gone into a £1 CCCS arrangement to pay £1 towards the unsecured!!!!!!!!!! Again, this was conflicting information. I asked for transcripts of ALL my recorded telephone conversations along with all the notes they had on my file so that I could look into this. It took months to get to this point and last week i received a full and final response letter stating that they 'cannot find the phone transcripts' and that they do not physically have the manpower not time to check each and every application form that comes throught to them , they have to trust that the truth is on there by the applicant!!!!!!...and that they would not be upholding my complaint!!!! I have made them clearly aware that on the mortgage applications, my ex has been fraudulent by playing the system and not completing the forms correctly. He has, for example, scored through the employment section on one and written 'please cross refer with previous application'...this would have put him as employed when he was in fact self employed at the time etc etc. If they had in fact took the time to cross refer they would have realised this. They would also have realised that the amount of debt he had shown on the previous applications could not possible have been paid of as shown on the following application. He stated he needed the extra funds to ' consolidate business debt!!!!!!!! I have made it clear to Northern Rock that he had fraudulently, without my knowledge, obtained further credit to the account. Every month when i call, if not twice a month, i tell them...stop threatening to repossess me, either do it so I can attend court and defend myself, or leave me the hell alone. I had a solicitor challenge them, i was going to sue them, the solicitor thought my case was good but legal aid was turned down from a prosecution point of view. They told me once i do receive a repossession order to get back in touch and legal aid will be granted for a defence. But it is 2 years, i cannot keep going every month wondering what is happening. I am £13000 in arrears, with charges adding on. I have been told i may be able to capitalise etc etc but nothing ever comes of it. As much as I want to stay in my home, as i will never be able to obtain another mortgage myself after this, ia m not sure how i could afford it as it stands on my benefits. It is interest only and there is no way at the end of the term that i could find the full amount. My 'plan' is , to sue them to the point where i am only responsible for the original mortgage amount, the interest is reduced to a monthly amount i can personally afford, and that the arrears are capitalised. I will fight tooth and nail for my home, if at the end of it i have no choice but to go into rented then so be it. But i feel that i have for 13 years, been lied to and cheated out of owning my own home which may at some point in the future have given me and my children some security. I dont think we should be punished because of my ex's lies nor the irresponsible lending and incompitence of Northern Rock. HELP!!!!!!!!!!!!!!PLease!!
  5. My partner has got a date for his tribunal hearing, which is in a few weeks - as you will imagine there is no other topic of conversation and it is causing huge stresses . I have a couple of questions that hopefully some of you may know the answers to........ 1. If he refuses to attend (because of the anxiety it is causing) will this go against him - even with a very comprehensive statement which will be sent beforehand ?? 2. can it be heard in his absence ?? As I have heard yes and no. 3.Do you legally need to provide evidence ?? - Even if it is Mental Health issues ?? And what if you havent engaged with professionals or you gave up trying years ago?? 3. Do anyone have a clue what they are looking for at these tribunals ?? They were satisfied 5 years ago that he was not fit for work and his MH has deteriorated rather than got any better ..... Please could someone give me some advise as it is driving me insane - and I am the one on the outside looking in ........ I can only stand by and watch as he sinks further and further believing he will fail regardless Cheers
  6. Hi - my first post here but saddened to read through the threads. I have been charged with benefit fraud despite having mental health issues from PTSD and all the ensuing problems. Heres the thing - the DWP appeared at the door with the police last August and stormed my bedroom even though my Mother told them it would give me panic attacks then the DWP woman proceeded to ransack the room while the police were downstairs with me which I have been told contravenes PACE. I wrote a letter to the office manager and to Lord Fraud, sorry, Freud and was of course blown off Hillsborough style. During interview at police station same DWP woman also accused me of things that could not possibly be true such as my son was never in this country, knowing it would set off a panic attack. Are there human rights? My question is - what recourse do I now have to at least enforce my rights. They think dealing with mentally vulnerable people they can just blast all over us as wr are too weak and I am wanting to show otherwise.
  7. Hi all, I hope I am posting this in the right forum, please accept my apologies if not. I am currently in receipt of Housing Benefit and ESA. I have been placed in the Support Group for ESA, which will be reviewed in a few months time. The nature of my illness is mental, although defining it has seemed to pose a problem for the people responsible for my care. I have been signed off sick from work for almost a year. I have been depressed and very anxious, and I have rarely left the house in that time. I have managed to survive by shopping online and taking deliveries for food and essentials. I rarely see family or friends, and I get picked up and dropped off when this occurs. During the week I don't normally interact with anyone, as I am at home on my own. After waiting around seven months, I was invited to see my local CMHT for assessment. This was after my SSP had ended, and I had been placed in the Support Group. The CMHT has now finished it's assessment, and they believe I should be referred to the local complex needs service. This has caused two major problems. One, the complex needs service is full, and they don't appear to have a waiting list. Two, even if the service was available, I wouldn't be able to get there on my own. During the few times I met with the assessment team, I was taken by my parents. They cannot do this twice a week however, because they both work full time and look after my much younger siblings. I feel completely stuck. I cannot access any more assistance from the CMHT, because I can't leave the house. The treatment they believe I need, isn't available anyway! No-one from the local team seems able to help me access any additional help, and my GP doesn't know who else to contact. Does anyone here know who I could turn to next? Sorry for the epic post, I tried to keep it as brief as possible.
  8. Given that face to face assessments have now been conducted for some 3 years does anybody have a typical list of the questions asked by an ATOS HCP to determine points scoring re descriptors for part2 of the ESA 50 ie mental health and cognitive function.....or a link thereto. Questions asked post 3/11 would be of particular interest given that descriptors changed at that time. Such information should assist members to better prepare for the ATOS medical assessment, and moreover, be forewarned of the likely trick questions etc
  9. This is rather urgent. I can find the physical descriptors and points system but not the mental health ones. Please help!
  10. last november got caught driving in a bus lane and got a bill to pay which i appealed against..following satnav strange town bad weather which got refused being on benefits unable to make payment equita certified bailiffs then involved by post agreed £15 week payment which i said at the time i couldnt manage but had no other options bailiff called other day, put sticker on my car which is a motability vehicle, i didnt read the sticker as he later removed it before i did he want £379.84 by monday 4pm as he said he will remove car and goods to the value of debt he gave me a letter saying final notice delivered by hand i called at your home today to execute a warrant issued by northampton county court £379.84 i am authorised by the court under the enforcement of road traffic debts certified baliffs regs 1993 amendements 2003 to remove your vehicle household effects to satisfy your unpaid penalty charge notie due to bath ad north east somerset council if you fail to contact mme withing 24 hours i will have no alternative but to reattend your property at any hour of the day or night to impound your vehicle/remove goods this will result in substantial extra costs of at least £140 being payable to avoid any further action bailiff cost please contact my mobile etc he said he hadnt put a clamp on car but had already put sticker on before he knocked on door. i didnt let him in and remained at door with door closed i rang council and they said get a financial statement from cab which i cant get before monday and they wont halt action in meantime rang bailiff and he said all i can do is pay and appeal later income from incapacity benefit for self income support for self partner dla for self and partner ctc fam allowance for sun partner is a vunerable adult due to mental health problems do i have any rights is there anything i can do i have mentioned mental health of partner to council and bailiff and that it would be upsetting for partner and bad for his health but council said it would only consider my health not my partners and bailiff said all he can suggest is to pay it.... help please
  11. Hi Guys, I wonder if anyone could help, I am 21 and have had quite severe mental health problems for the last five years. I am now fully recovered and currently working towards getting a place ona nursing degree, I need to hold a health care assisstant job for a while to strengthen my uni application, however whilst I was unwell I had quite alot of police involvement when I ran away from hospitals, and had to be searched for and returned or when I did dangerous things during which they had to intervene. On one occasion, I was classified as being at risk of harming others, without going into detail ... during a very unwell episode I threatened to attack a friend. I have had an enhanced CRB done in the past, and on the other relevant info box the chief police officer disclosed how many times the police had had to attend to me (frequently) during which periods 2008-2010 (however now it will be until the end of last year... and went into brief detail about the risk to myself Ive caused and very detailed about the event where I threatened to attack a friend. I understand they cannot overlook what happened completely however I feel they have gone into too much detail. I phoned the CRB office last year and they said it would remain on there for five years, but I feel it will severely hamper my chances of working in healthcare, which is and always has been my dream. I have worked hard and been through therapy to address my issues which are all born from trauma... and I feel now this is going to make it very hard for me to get a job, even though I am desperate to take the next step into adulthood and life, and not be reliant on benefits. My question is ... How can I try and get this sorted, have the content toned down or taken off? Absolutely none of what I recorded is remotely criminal... it is all purely because I was unwell! I have considered contacting my local police HQ and asking if my psychiatrist writes a letter saying I am of no risk to vulnerable adults or children at all, whether this would help? Sorry for the long ramble, it's just I've worked too hard to let a bit of paper get in my way! Any help appreciated, happy to answer further questions about what happened etc... Just please post any ideas!! Thanks, studentnurse2b (Hopefully!)
  12. I'm applying for ESA on mental health grounds (currently on IS+DLA). Is it worth mentioning my back problems on the ESA50 too, or will that just confuse the issue? I've had physiotherapy for lower back problems in recent years. It's very painful and debilitating when I get a flare up, but I wouldn't currently meet any of the descriptors on physical health grounds as far as I can see. Is it actually worth putting it down on the form, or could it maybe even be counter productive? I kind of picture the ATOS examiner spending half the assessment interview asking me to touch my toes or stand on one leg, instead of spending the time on questions that are relevant to my case. I also wonder if it might look like I'm just trying to put down any old thing I can think of that might get me benefits.
  13. I would really like to see the descriptors for the mental health section of the ESA50 guide from leemack / Honeybee13, even if it's not finished yet: (I'm not allowed to provide a link to the thread, due to CAG anti-spam paranoia, as I'm a new member) In the meantime, I found this document from NAWRA which seems very good but covers the older version of the ESA50, which had more pages and questions: Fit for Purpose A Guide to Completing the ESA50.pdf It's a shame I can't provide a link, but if you google that title you should find it easily. A lot of it still seems relevant to the current ESA50.
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