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    • Standard form being sent to large numbers of claimants. Just answer as the form asks.  No need to  go into any detail, unless the forms asks for specific details of how health impacts on daily activities. If you are worried contact Citizens Advice as they are experts with PIP, as they are trained to understand what evidence is required for assessments.
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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • 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
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1st Credit & Lloyds debt


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Another letter today. Are you supposed to be psychic with these companies? They've sent out a letter with no heading and therefore the only way to check who it's from is by checking who has signed it. LCS solicitors. Not had one from them in a while :-) They are the 'in house lawyers' of 1st Crud I believe? Pretty obvious it's a standard computer generated letter with exactly the same payment info on the reverse. They are informing me that unless payment is made within 9 days they may initiate legal action. I'm bemused at the duration of 9 days, and I guess the key word here is may

 

Not had a pink letter in 18 months, wonder when they'll send one of those again.........

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They have to have colour coded letter heads

because the can't read.:madgrin:

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They have to have colour coded letter heads

because the can't read.:madgrin:

 

Lol! This one is on buff coloured paper. They claim they've been instructed by their 'client' which is strange as surely they are the client being the same company :roll:

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have you sent the prove it letter yet

 

I have not as yet. This is due to it becoming SB in Feb. I'm unsure what my position will be if I send the prove it letter and they do indeed 'prove it' ? Would I be better trying to play the long game for the next few months and let them play their hand?

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They do like to play games, one part time ''solicitor''

and a paralegal and they think they rule the legal world:madgrin:

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TBH if they have not done anything in the preceding 5+ years then they aren't likely to, it is all willy waving, sending them the prove it letter is not an admission you owe this by any means, you never know they may actually come back with a "we are closing our files" missive.

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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TBH if they have not done anything in the preceding 5+ years then they aren't likely to, it is all willy waving, sending them the prove it letter is not an admission you owe this by any means, you never know they may actually come back with a "we are closing our files" missive.

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Thanks for the input :-)

 

To be honest I think you're right on the lack of action front. The debt advisor I spoke with felt the same. I think what has riled them is that my credit file now shows a couple of new accounts including a mobile phone contract. OK owing money, not paying it whilst having a mobile phone contract is not exactly going to win you medals in the moral stakes. However it's not like I've concealed property or massive savings. I live off a military pension and ill health benefits.

 

Let's assume I sent the 'prove it letter' and they did come back with some proof that they are entitled to pursue the debt. I suppose my next step would be a CCA request? Where does all this leave me with regards to the debt being SB? I suppose thinking logically if they had cast iron legal proof they'd have done a lot more, a lot sooner.

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Your correct, if they had cast iron proof they would have done more a lot sooner.

 

I'd be inclined to switch to 3A 4B (if you know what I mean)

 

Wait out he 9 days and see what comes next, see if you get another fancy coloured bit of A4 to paper your toilet with!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Your correct, if they had cast iron proof they would have done more a lot sooner.

 

I'd be inclined to switch to 3A 4B (if you know what I mean)

 

Wait out he 9 days and see what comes next, see if you get another fancy coloured bit of A4 to paper your toilet with!

 

Bit confused, could you explain please? :-)

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It's Army jargon for radio silence, no light, no generators.

 

Lol, ah I get you now.

 

I'm hearing more often than not that 1st Crud are one of the more persistent of companies. Is this because they generally take things further (court) and get results, or just their basic M.O?

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Well they will have to get their skates on if they do wish to pursue this!

Besides you will have more than enough time to put in a solid defence if they were ever going to go down that route. You just have to keep asking yourself why no-one else, least of all the original creditor went near a court years ago?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They have started to escalate to CC claims very late

in recent months in my experience.

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Well they will have to get their skates on if they do wish to pursue this!

Besides you will have more than enough time to put in a solid defence if they were ever going to go down that route. You just have to keep asking yourself why no-one else, least of all the original creditor went near a court years ago?

 

One explanation could be a letter I sent to each creditor written by my doctor stating that I had been forced to retire from military service early through ill-health and that it was unlikely I'd return to work in the forceable future. Both if which are true. There's another aspect to that letter, but I'd rather not post that up in public.

 

JUST THE SOUND OF THE WIND:painkiller::painkiller:

 

Lol, fueled by some 48hr rat packs :razz:

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They have started to escalate to CC claims very late

in recent months in my experience.

 

I guess one way to pursue this is to let them play their hand. If I do get threatened with real court action I could then send the 'prove it' letter, then CCA request I presume? This I suppose would buy me time to the SB date. I think worse case I'll have to pay them £1 a month.

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Too true the barstewards can't have what you

haven't got.

 

If it did go that far opt for the small claims mediation route

no CCJ is recorded, but your'e a long way off that.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes if the worst comes to the worst, all you will end up paying them is £1 a month, but I don't see it getting that far, not after all this time.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you both :-) I'll keep the thread up to date with developments. I may also have another angle to tackle it from should it reach the legal stage. I'll PM whomever would be interested to advise on that though.

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  • 3 weeks later...

Well after receiving a few letters from 1st Crud including a '12 days until legal action' letter it's all gone quiet. Are they likely to be looking for a CCJ by default given I've not contacted them? I'm obviously holding out for the debt to become SB, but really don't want a CCJ...........

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They can't just get a judgement in

default, they have to issue a claim

and only if you ignore the papers

don't acknowledge service, or

don't enter a defence, or don't

attend a hearing then they can

apply for a judgement.

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Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Agreed, if they issue you with a summons or SD, then depending on how it was delivered to you will depend on what your next course of action should be, but don't worry about something that has not happened or is unlikely to, they are only psychological threat letters, they go on a cycle, increasing in threats before being flogged on to the next DCA where the process starts again.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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