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    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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Cabot taking me to court (for mbna cc debt) but cannot provide cca ?


dekky2
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Off to bed now....thanks for everybodys help so far...

Any ideas from anyone please post or pm me & i will pick through the best(with my vast knowledge !!!lol) and take it in on friday.thanks again everyone. Nite nite

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Hi,

As they've refused the 31.14 due to agreement not being mentioned in poc, what about sending a part 18 request asking them to confirm or deny that they hold a copy of the agreement?

Once they respond to that the agreement could then be requested...?

Elsa x

 

The trouble with this Elsa, is that no documents have been mentioned; Cabot have only referred to a "debt". A Pt. 18 is a request for further information linked to docs. mentioned in the POC.... but they haven't mentioned any!

 

Crafty, over-confident or mad?!.... :madgrin:

 

We'll decide, I think.... :lol:

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This is very interesting. Surely if you are taken to court without a cca and the debt is to be proven on payment history etc then how can they prove that the interest rates they were charging etc is correct? Surely you would need a cca for that. Sorry if its a stupid question, the learning curve is steep :-)

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Hi Dekky2,

I have sent you a PM, I'm quite willing to share my defence & also WS with you.

Its in PDF format so I cannot easily edit out personal details, so would rather mail it to you on the understanding that you dont share it on forums etc. purely for confidentiality reasons.

I hope thats allowed?

DC.

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Hi Dekky2,

I have sent you a PM, I'm quite willing to share my defence & also WS with you.

Its in PDF format so I cannot easily edit out personal details, so would rather mail it to you on the understanding that you dont share it on forums etc. purely for confidentiality reasons.

I hope thats allowed?

DC.

 

thanks dc. i have had troubles with pdf's too !!

i will just write it out by hand.

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Hi Dekky, I read somewhere else that you can submit another defence as long as it's within the the timescale. When has it got to by in by?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Hi Dekky, I read somewhere else that you can submit another defence as long as it's within the the timescale. When has it got to by in by?

gotta take the AQ in tomorrow(only a few miles ).

not been able to get onto moneyclaim.... to change anything.

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Just out of interest as the POC is quite vague and it mentions no documents or proof to support their case, is it possible for the OP to ask for a strike out?

Edited by FORMISTER

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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i will be taking my ''AQ'' in tomorrow, not sealed it yet.(so if you have any ideas ???)

stating that i wish to amend my defence, giving a few reasons why.

if they will accept this, i have no idea, but i would just like to thank all that have tryed to help.

i know i have been a bit sloppy with my defending of this case so hope i hav'nt wasted all (who have helped)of your time.

if they do accept this i think i will get legal help from here on.

i will keep you all informed.

thanks again...DEKKY2

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On your AQ I would also attach a Draft Order - check out PT's N149/150 AQ thread

 

In that draft Order you would be asking for the Claimant to be Order to submit a fully particularised POC

File an serve a true copy of the agreement relied upon

True copies of any Default Notice relied upon

Statements showing all credits and debits to the account since inception or any other way of proving the amount claimed

 

If the Claimant complies then the Defendant shall have a further 28 days to submit a fully particularised defence

 

Should the Claimant not comply then the claim will be Struck Out without further Order

 

or something like that - that will also cover your defence being ammended

 

You need to ensure you get across the fact that you have asked for the information from the claimant both informally and formal via a CPR31 request. They have ignored your requests and you can enclose the CPR reply as evidence. You can say that you think that they are obstructing you from considering the claim properly by purposely not mentioning any documents in their POC.

 

Sorry not very clear feeiling like cr@p today :(

If you find my advice helpful - please click on my scales

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Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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