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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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From JSA to ESA am I eligible.


Lilly_Monroe
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Yes Lily, your CPN is not a counsellor so will pass on some of your info to your GP, it is counsellors who are bound by confidentiality.

 

My social worker does not routinely pass on any information to my GP, though the Consultant Psychiatrist does who I see about medication. My Psychologist also passed on details of my assessment with them too. I know what my GP is told as I get copies of all letters sent to my surgery. My social worker has told me that details of my SH haven't been passed on to my GP, though the hospital will have informed my GP about my overdose.

 

That is very useful to know thank you.

 

When they write to you does it have ???? Mental Health Organisation stamped all over the envelope.

I get upset, as it is always stamped in thick black ink on the top of the envelope who it is from.

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My advisor at the job centre, not in a nasty pressing way, but she keeps giving me things to think about and look at, hence the starting my own business (but she was fine when I said I could not do that).

I am just afraid, because most people think those of us with depression are faking it.

I hate sitting in that chair, trembling and feeling sick explaining why I cannot do these things - but the truth is the truth.

 

Treat yourself gently - recovering from depression is a slow process, not a sprint, and taking things too fast can have an adverse effect.

 

Far better to set yourself small challenges to start with - for instance, make a list of what you do in a day, include everything, getting out of bed, getting dressed, brushing teeth, showering etc. Start with what you can always manage, no problem, and add one thing to the list that you can sometimes manage and aim to do it for a week, then add another thing for a week. the idea is to do everything on the list every week (or two weeks, depending on comfort level). This allows for a gradual reintegration to life. It can be as simple as, if the only thing you manage to do every day is getting out of bed, then you might want to add brushing your teeth, or washing your face, or whatever is appropriate to your level of recovery. It also provides valuable information to JCP or CPN as to where you are with the depression.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Treat yourself gently - recovering from depression is a slow process, not a sprint, and taking things too fast can have an adverse effect.

 

Far better to set yourself small challenges to start with - for instance, make a list of what you do in a day, include everything, getting out of bed, getting dressed, brushing teeth, showering etc. Start with what you can always manage, no problem, and add one thing to the list that you can sometimes manage and aim to do it for a week, then add another thing for a week. the idea is to do everything on the list every week (or two weeks, depending on comfort level). This allows for a gradual reintegration to life. It can be as simple as, if the only thing you manage to do every day is getting out of bed, then you might want to add brushing your teeth, or washing your face, or whatever is appropriate to your level of recovery. It also provides valuable information to JCP or CPN as to where you are with the depression.

 

Thank You.

That is very kind of you.

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multiple threads merged

 

please keep to one thread upon all issues regarding the medical

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...
  • 2 months later...

Am I allowed to ask for my ATOS medical centre appointment to be changed.

I cannot get to the place they have made the appointment at.

It is not the same area I went last year.

I do not drive any more live rurally and there are no buses to that area for me.

Plus it is a not place I know and as I have to go alone, I need to know where I am going or else I shall be in a real mess.

 

I feel ill already.

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Yes Lilly, call Atos and explain to them that you would have great difficulty getting to the appointment centre and ask if there is one nearer. If it is making you feel that ill, maybe they could arrange a home visit, but you will probably need your doctor's backing for this and Atos may need a letter supporting this request from your GP.

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Yes Lilly I was able to change mine by ringing..i had to explain why but they did do it. Later my GP said he would have written for a home visit if I had thought to ask...I hadn't thought of that.

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My first appt is always at an assessment centre an hour away, and I always phone up and an appt is magically available at a place 10 mins away - makes me wonder if the first appt is a test.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I have my second ATOS medical coming up soon :sad:

 

If I fail I know I go back down to assessment rate (as I will appeal).

But does anyone know what happens to the help with my mortgage will that stop.

That is a real worry as I know tribunals can take months and months to materialise, and the building society will not accept an open ended non payment term.

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Mortgage payments to your lender should continue while you're on the assessment rate. Remember that you would need to start sending sick notes again - might be an idea to prime your GP about that.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Mortgage payments to your lender should continue while you're on the assessment rate. Remember that you would need to start sending sick notes again - might be an idea to prime your GP about that.

 

See, this is what happens when I start a post, then have to dash to the loo before I finish the post - someone gets there first and says it better! :-)

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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  • 2 weeks later...

I have my ESA medical coming up in the next few weeks.

if I fail it and do not get told before the 1st April I understand I will have no direct appeal route any more.

Having to go back to the DWP and ask them to look at it.

Should they (unlikely I know) agree an error was made and I am allowed appeal, I understand that NO money will be paid to me in the time period it take for my appeal to proceed.

 

There is no way I can fulfil the JSA agreement - so am I taking it, that is that.

I will then lose my house, my benefits everything.

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As I understand it, if you are found fit for work and you disagree, then under the new system you ask for a reconsideration, during the reconsideration time they don't pay benefits, and there is no time limit (as I understand it) for the reconsideration period, however, when they have looked at it again, if they don't change their minds then they let you know and you as the claimant then can send it to the Tribunals Service directly, at which point you then do get the basic rate benefit up until the hearing.

 

The only thing which concerns me is that there is no time limit for them to do this reconsideration in.....and while its happening there is no benefit paid, re the HB and Council Tax, I understand that these offices can be made aware of the situation that you are not earning and I am sure I have read that they can be sent proof of your situation and then these benefits can be kept.

 

IMHO the govt has done this reconsideration period without benefit to banjax appeals, and make it as hard as possible, there always has to be an appeal route, as mistakes are made etc, but this govt wants it to be as hard as it can be to overturn their corrupt and unfair decisions.

 

Its a known fact that a high number of tribunals are won by claimants, so they want to put us off tackling them, what better way than to put this obstacle on our route. I think we will be hearing much in the press and news about genuinely ill or disabled being left with no money, and surely something will have to be done about this.

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As I understand it, if you are found fit for work and you disagree, then under the new system you ask for a reconsideration, during the reconsideration time they don't pay benefits, and there is no time limit (as I understand it) for the reconsideration period, however, when they have looked at it again, if they don't change their minds then they let you know and you as the claimant then can send it to the Tribunals Service directly, at which point you then do get the basic rate benefit up until the hearing.

 

The only thing which concerns me is that there is no time limit for them to do this reconsideration in.....and while its happening there is no benefit paid, re the HB and Council Tax, I understand that these offices can be made aware of the situation that you are not earning and I am sure I have read that they can be sent proof of your situation and then these benefits can be kept.

 

IMHO the govt has done this reconsideration period without benefit to banjax appeals, and make it as hard as possible, there always has to be an appeal route, as mistakes are made etc, but this govt wants it to be as hard as it can be to overturn their corrupt and unfair decisions.

 

Its a known fact that a high number of tribunals are won by claimants, so they want to put us off tackling them, what better way than to put this obstacle on our route. I think we will be hearing much in the press and news about genuinely ill or disabled being left with no money, and surely something will have to be done about this.

 

 

Thanks Ruby - you have explained it in more detail for me.

 

Well if I fail there is NO way I could claim JSA at 56 I could not find work before I was classed as ill.

So all in all I have had it - if that is the way of things.

 

How the heck are people meant to survive.

I am not sure many people are aware of this - it is going to come as a big shock come April.

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I also understand...from a post by flumps. If your GP will back you with a letter, some restrictions can be taken into consideration with JSA....if you are able to show that you are looking for work for at least 16 hours, so not necessarily full time, is one thing, also if GP confirms that standing is not good, lifting etc that kind of thing, then the JC can consider these as reasonable, it can make a difference from having to seek full time any kind of work, if the worst scenario happens.

 

I think that come April all hell will be let loose when all these changes are actually happening and the struggles get worse.

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One alternative way would be to start a new claim for esa for a different health problem, but in doing that i doubt you would still be able to appeal as well,

 

That however would only pay the lower £71.00 per week rate until you have done another ATOS WCA i think that's how it work's for new esa claims, What i'm really begining to wonder is how much more of this governments nonsense those who are claiming benefits are going to take, CamerCon is Atosser

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he is that...but what can any of us do, the govt couldn't give a hoot, they bully the sick and disabled and rally the tax payer to help.

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he is that...but what can any of us do, the govt couldn't give a hoot, they bully the sick and disabled and rally the tax payer to help.

 

If we all came together marched, crawled whatever to Downing Street, he would not lift a finger.

He would work it to his advantage.

Unless his own party rebel and say enough is enough he is here for the duration.

 

The problem is most people are in a mess - so we are only part of the pecking order most people are looking out for their own backs.

The sick are being made to pay for the years that some abused the system - stinks all in all.

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