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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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mazbck

ESA/Pathway to Work interview!

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Ive been claiming ESA since end of May. I dont get anything at the moment, as an ex-employer hadnt filed returns for 06/07. My P60 was sent to HMRC NI contribution Centre for proof I was working, and ut should be getting sorted out very soon.

 

I got a letter in today, requesting me to a Pathway to Work interview. My doctor says Im not allowed to work until the get a proper diagnosis, I have Post Viral Fatigue sydrome, plus I keep getting infections, and my bloods are all over the place. Im supposed to have complete rest(well as best as I can, which is hard with a disabled son!)

 

Does anyone know what these interviews are about, or has anyone been to one?

 

What can I expect?

 

It says on the letter my benefit could be affected if I dont attend, but I dont get anything at the moment from them.

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What they mean by your benefit could be affected is that when they begin to pay you it will be backdated, but they could sanction some of your benefit money that you would have been entitled to.

 

Pathways to work is a programme for all ESA claimants. You will have to attend 6 work focussed interviews. You have to attend and "take part" in them. Taking part simply means co-operating, answering the questions etc. It doesn't mean you are expected to go straight out after it and secure a job, and isn't aimed at forcing you back to work. It is about exploring options. It is compulsory, but if you are unable to attend the appointment on that particular day, you can ask to have it deferred to a later date.

 

They will ask questions such as

 

  • your educational qualifications and vocational training;
  • your work history;
  • your aspirations for future work;
  • your skills that are relevant to work;
  • your work-related abilities;
  • your caring or childcare responsibilities;
  • any paid or unpaid work that you are undertaking.

And you may discuss the following:

 

 

  • any activity that you are willing to undertake which may make obtaining or remaining in work more likely;
  • any such activity that you may have previously undertaken;
  • any progress that you may have made towards remaining in or obtaining work;
  • any work-focused health-related assessment that you may have taken part in;
  • your opinion as to the extent to which the ability to remain in or obtain work is restricted by your physical or mental condition.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks Erica, not so worried now. With an HND in Accounting/Business Management, not sure what other training I could do!!

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Pathways to Work

 

 

Pathways to Work is specifically designed to help people who have a health condition or disability into employment. As well as offering practical support such as training and job search activities, it also helps people to understand and manage their health condition or disability so that they are confident about finding a job.

 

What help will I receive?

When you join the programme, you will have a work-focused interview with your Personal Adviser. This will give you the opportunity to identify future life and work goals, and will highlight whether you need to take up some or all of the support that Pathways to Work offer

 

Take a look at Pathways to Work.

the Pathways to work interviews, also called work focused interviews, are compulsory for those called to them. Failure to attend a Pathways interview without "good cause" may result in a claimant's benefit being "sanctioned" (reduced). The claimant also has to participate in the interview which basically means answering questions the adviser asks re previous work history, health problems, qualifications etc.

 

you only have to attend and participate in the meetings but you cannot be compelled to carry out any activity after, or between the interviews, even if you have "agreed" to do so. Most (but not all) ESA claimants are required to attend Pathways interviews and for a first claim normally have to attend a series of 6 of these! the fact that your doctor hasnt had a proper diagnosis doesn't mean you shouldn't have been called to a Pathways interview. This is quite common in fact and the initial Pathways interview is scheduled for approximately week 8 of a new ESA claim.

 

Hope this helps

Edited by bazak1

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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I dont mind that I have an interview, although I dont know how they are going to help me understand or manage my condition/illness when my own docotr doesnt even know what it is :)

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Cant say as i understand this myself, but you know what its like. if its in their "manual", they have to abide by it.


Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Ive been to several and my advisor has been very helpful, if fact my back to work advisor helped me with a claim for DLA for a very complicated and not very reconised condition and it was sucessful, you've probably attended by now anyway but this is the first time Ive ever felt qualified enough to comment on a post. Dont worry and consentrate on getting well and looking after your son, a far more worthy cause.

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Mazbck, Don't know if you have had your interview by now but there is really nothing to worry about. You don't mention whether or not you have been assessed, ie attended a Medical examination. After the assessment you will hear shortly after if you have been awarded ESA. If so you will get all monies backdated to the day you made the claim. As has already been mentioned here, the Work focussed interview is simply a way of determining how you feel about being able to take on some work and how they may be able to help you achieve this. The Adviser can give you help towards fares/petrol etc to attend Job interviews ( Remember to supply receipts ). Just one more point to consider! If you are in receipt of Disability Premium on a claim for JSA, this Premium is taken away until a person has been assessed and you don't get this returned, you lose it full stop! However, if after the assessment you are found to be eligible for ESA, rather than 60-50p per week this is raised to 89-80 per week. And you benefit from the extra help from your adviser. It's complicated but that's government agencies for you! Good luck!

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Im still waiting to hear about the medical, and they changed my meeting til next week! I even had to get my MP to sort out the fiasco and lies I had been told by the Jobcentre regarding my money.

 

As for the work focussed interview, Im waiting to go into the Hosptial in regards to my illness, so I will tell the lassie interviewing me, so hopefully, nothing will be done until Ive been.

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Well the interview went well today, they have deferred any action for 3 months as my illness is under investigation with a specialist. The only thing Im worried about now is the ATOS medical in 3 weeks.

 

According to the advisor today a lot of the medicals are getting knocked back by the ATOS doctors, but are then successful on appeal.

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yes they are failing a lot of people, my rants n moans on other threads are just one of many, my only advice would be to take someone with you to the medical and make sure that the doctor listens and looks at you, make them understand if you can, and if your not happy then complain immediately, but take someone with you to sit in on it all. If by any chance you get a doctor called Jane Reading i would be very interested to hear how you got on.

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Thanks, will take my sis along with me. As you can see by my first post, my illness isnt a open and shut case, theres lots going on that even I have no idea about or my doctor.

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Hi Mazbck

 

I went to one of their medicals about 4 months ago.. I have two things going on, 1st is arthritis in my spine and the second is that Im Biploar. The doctor that interviewed me was really nice, it took ages to go through everything, but at the end of the day if you get a doctor that listens it will go through well. They take loads of information, they ask about mobility etc, and medications that sort of thing. I took loads of information with me, consultant letters etc.

 

On the whole, dont worry about things, they are trying to sort out the people that can work from those that cant.

 

As for ESA, Ive been going through hell since january with them, the DWP have made one cock up after another and its still no where near sorted. However, keep plodding through, the people on this site are a huge help.

 

Take care and dont worry.

 

lynne

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WOW -Result, got a letter in from local jobcentre manager today,with an apology and telling me he was sending a £25.00 special payment for all the hassle and phonecalls Ive had to do to get the claim sorted out!!

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Well todays the day of the dreaded ESA Medical with ATOS, good news for me is that after falling down the stairs Im now in crutches and my physiotherapist has said my left knee is knackered and that only surgery can fix it. I fell when I got dizzy with all the painkillers I have to take.

 

Ive got a stinking cold due to my lack on immune system and feel like Ive been run over by a number 22 bus!!!

 

Who is on for taking bets they 'fail me' lol?

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bs0lth are you really saying that ATOS are fair? You must be a very trusting person. They are saying everyone can work even if they do class them as limited capability. I only left work in June and have a crushed spine plus degenerative bone disorder but hey ho, according to ATOS this could improve! And yes the lady was nice who I say and yes she said I could not walk, had limited movement in upper body but the results are the same, unless you are in a coma 24/7 you can go back to work.

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UPDATE - Got letter in Last week saying I wasnt getting anything and that I was fit for work!!! The notes mention degenerative muscosleletal problem, CFS/ME, I cant sit for more than 30 minutes, or stand for long without discomfort. Yet the ATOS doc says Im fit for work :mad:. So I MAY be fit for work, but it could only be 1 day out of a month.

 

I was told by my 'benefits advisor' I could either appeal or sign on JSA, but what employer is going to employ someone who at the moment is unwell and would need a lot of time off for appointments and therapy!!!

 

My appeal is in along with a letter from my doctor, physiotherapy and specialist stating my problems.

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Mazbck I do feel so for you. This is what they are like. They are using computer software to generate unsuitable questions that result in the answer they want. I mean if I said to you can you stand you would say yes but if I asked you how long for that would be a very different story. The answers the computer wants is yes or no. ATOS is reknowned for being a software generated industry who took its criteria from the USA medical insurance claims which are set up to fail 99% of claimants. Do not let them get to you even though it makes you weep. Get in touch with your MP

Edited by ErikaPNP
removal of unauthorised email address

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You should read my other post about my disabled son, who has had his DLA stopped after a ESA medical!!!!!

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Leahkins & Mazbck, Been reading about your experiences. The whole system is flawed and many wrong decisions have been made by Atos medical teams. I was one of the lucky ones, but having said that, I suffered a loss of 325 pounds during the assessment phase. Unfortunately, Atos are committed to a quota system set by the government. Only a certain number of claimants will be successful, this is the governments direction not the fault of Atos. Obviously, Atos will make some mistakes aswell. Since my claim, even though it was successful I have complained not just on my behalf but on behalf of other claimants. As I have already said the system is seriously flawed and improvements are needed and quickly! I have complained to my local MP, complained directly to DWP and the PM. It even got to the stage where I complained to the Independent Case Examiner. After many months I have been awarded 350 pounds by DWP. It does pay to complain, particularly if you feel Atos have made the wrong decision, complain to all the above I have mentioned and as a last resort, complain to Independent Case Examiner, this usually brings results. I had rejection after rejection, but you have to follow the correct complaints procedure. Anyone not sure what to do, please ask, I'll help all I can. Best of luck, and don't give up hope.

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Two things infuriate me about ESA, one is that the standard to have so-called 'limited capability for work' is harsher than that for being 'incapable of work', so even people with quite serious health problems are now eligible for JSA only. But in practice they are likely to be not eligible for JSA either as they cannot meet the availability-for-work requirements.

 

The second is that for someone on DLA, the rate of ESA for the first 13-weeks is lower than the amount of JSA or income support because there is no disability premium. The amount of JSA or income support is what the law says you need to live on – the DWP use this phrase themselves. Therefore the amount of ESA is nearly £30 less than the law says you need to live on, assuming you are eligible for it at all.

 

We are very close to being back to a society that condems the sick and disabled to starvation thanks to ill-informed or made up tabloid articles.


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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JOSHhd Thank you for your kind response. I am not sure what you mean by lucky. I still get ESA and my report shows I am disabled but they still hold a bizarre idea that I can work with help. I have only just given up 14 weeks ago and am 55yrs of age. Their logic is non existent. Why would I give up work if I could work? I have complained to all the right people but it will still not change a fundamentally cruel system. The software is designed to fail 99% into groups 1 and 2 leaving only 10% in the support group. The public will believe that disabled people are pretending and there will be less respect for suffering than there ever has been.

Edited by ErikaPNP
contravention of site rules

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Hi Zamzara,

Don't know if you read my earlier comments. Basically, I had problems with a reduction in benefit due to changing from JSA to ESA. I lost about 25 pounds a week. I was badly advised by the local jobcentre who assured me that there would be no change to the level of benefit. As stated, when the change came through I realized that my benefit had been reduced. I immediately phoned DWP to complain. I initially got fobbed off and received many replies which mainly consisted of rules etc. Not once did they address my complaint that I had been badly advised, they just didn't care. I kept on and on, I wrote letters, emailed DWP at their London address, contacted my local MP. I basically became a thorn in their side. Finally, I got the result I wanted and DWP have made me a payment to cover my loss. My advice to anyone is to keep on complaining even though you may get refused over and over again.

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I agree to keep complaining. I never stop but the bottom line is this is a cruel and evil rule and it is not going to change by individual's complaining, it is going to change only by a mass following. The government are determined to make this Little America and so will the next government. Lord Freud said himself how amazing it was that all us disabled people had been wrapped up and kept from working! How ill informed is that for an MP?

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Great News - Letter came in yesterday (my birthday too) and I have WON my appeal, I have been put into the higher rate support group band and benefit difference is getting backdated to 27th August. YEAH!!!:D

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