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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Incapacity benefits stopped


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Help please, my benefit was stopped because I could not travel to a medical, my own Dr requested a home visit. I appealed the closure of my benefit in aug and have just received today my appeal was disallowed. I have had no money, nor medication since sept and owe quite a bit of money to my family that has kept me going over the past 4 months.

 

Now my rent assistance will stop and I will probably be evicted, I can't travel the distance required for this medical and my Dr supported this, what can I do now. I am in a terrible state over this.

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Unbelievable! Get on to your MP immediately - and keep on at him until something is done. Get a letter from your doctor confirming that you cannot travel and send a copy of it to your MP as well. Get your local press involved. Send an email to Gordon Brown! In fact, shout from the rooftops in any way you can.

 

This is intolerable.

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I receive incapacity benefit & disability living allowance, I am worried as my review for IB is due soon & I have agraphobia & don't go out. Last time they made me attend the medical & it was very traumatic so I don't think I can do it this time. I recently had a medical from my DLA & the doctor came to me but they won't use the results of that medical for my IB renewal.

Have you claimed DLA, you can claim income support on top of this as its not a means tested benefit?

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Unbelievable! Get on to your MP immediately - and keep on at him until something is done. Get a letter from your doctor confirming that you cannot travel and send a copy of it to your MP as well. Get your local press involved. Send an email to Gordon Brown! In fact, shout from the rooftops in any way you can.

 

This is intolerable.

 

With respect, this won't work. There is a certain judicial procedure to be followed and an MP cannot just over-ride it. Also i doubt they will care as people have their beenfits stopped all the time.

 

The only way the decision can be changed now is if there are grounds to set aside the tribunal's decision or if the decision was wrong in law, it can be appealed to a higher tribunal: this really requires the help of a specialist welfare rights adviser. (Assuming it was a tribunal, not just a reconsideration by the DWP - in which case, make a proper appeal.)

 

Also housing benefit should not be affected by this.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Get your local council welfare rights officer involved- phone them and they will usually come out for a home visit in cases like yours.

 

They handle appeals/tribunals, and will make sure you can get what you are entitled to in the mean time. They also help complete your DLA application- and are very successful as they know exactly what to write.

 

They helped me when my IB was stopped due to a bad medical, winning at appeal/tribunal and then got me DLA. Definitely worth speaking to.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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