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    • back to my summary judgment issue,   i am about to draft a better witness statement to object , with evidence, solicitor when i asked advice says    put all evidence with witness statement, and submit also an amended defence as an exhibit,  -hopefully claimant will back off and withdraw application- (so should i send my witness st now, instead of waiting until 7 days before ?)   but they could legitimately argue that their costs to date should be paid on the application was justified given the defence did not set out a proper legal defence?   the defence (not done my me which is why it is crap) is just 4 lines : 1)i contest the validity of the personal guarantee the claimant seeks to rely on They say this is to vague to constitute a defence They say guarantee is included in loan agreement, and 'on the face of it' correctly executed no other complaint has been made  (ive written several letters complaining and can evidence)   a) the loan agreement is only signed for and on behalf of ltd company- i can point this out) b)i have an email from them of the offer of terms, listing amoungst things required a deed of guarantee and indemnty, they havent provided me with one, as none was ever done , but clear evidence that the required guarantee would be in this deed not in any  loan agreement . there werent justifed to bring this application for summary as they knew a DOGI is the guarantee as they wrote the email that DOGI was required from us.   2)i have made several submissions to the claimant to request my account information, in a view to obtain clarity on the above issue. To date the claimant has failed to provide a copy of their personal guarantee which they seek to rely on. they say there is no personal guarantee document- as per email they wrote there is supposed to be a DOGI-  the personal guarantee they rely on is in the loan agreement- its only signed by company they say they provided all documents in letter dated 2 july - they didnt , no DOGI supplied this is no purported defence   a)i can clearly demonstrate DOGI asked for by letters b)i can show loan agreement signed on behalf of company c)its not a defence, but its evidence my defence is embarressed because they failed to respinf to preaction protocol document requests and letter requests for this DOGI, how can i write a defence without seeing the document, they know should exist.   3)There are material concerns in respect of the intial loan agreement and they way this was handled by the claimant, its my intentions to raise this with court so i am fully aware of legal remedies available to me. they say unparticularised and vague to constitute any ground of defence at law. as such the claimant cannot know what it faces at trail  the defence is embarressed and cannot stand   a)yes vague , but they havent provided a DOGI , we havent reached witness st stage , which is where we  explain why and with what evidence, we as defendants are not supposed to form legal opinion, before or during witness statement stage, thats all for skeletal arguement and court. they back dated deed of debenture they havent done a DOGI, or cant provide both conditions precedent of the loan and its execution they let my wife remove secured charge over company- evidence written and phonecall, without my consent materially changing any level of risk for alleged guarantor let my wife organise payment plan, without my consent signed off on revision memorandum.   4)dropping this point anyways    so what im asking how can i write witness statement with above evidence, witout them being awarded costs for bringing application due to the bad defence?   they know a DOGI required, so when i say i contest validity of personal guarantee, its true, just brief they say guarantee on "face of it" correctly executed. they know its only signed by limited company they know complaints have been made, they are aware of what we required and why we said it wasnt valid.   they know there is a personal guarantee document outside loan agreement- email proves it, they havent supplied it etc etc .....              
    • Hi,   I would like some help please. I have received a LBC from UKCPS for Non stopping event in July 2020. They have given me 30 days to reply before taking up court action. I was wondering if anyone has been in this situation and whether I should reply, or just wait to recieve the Court notice. If I am to reply can you please provide a template or guide on what points to make in my reply.   Just a little background, I replied to the initial PCN stating that I disputed there claim it and wouldn't provide driver details. I also requested proof of any such claims including the grace periods allowed in their policy. To this they replied saying my appeal was rejected (even though the letter sent wasn't an appeal, but a dispute of claims), they also attached pictured of the car parked and the driver leaving the car, though they did not specify period parked for, or indeed put up any pictures of signage on site or near the vehicle. Since then I have received at least 10 reminders, which included debt recovery letters most likely from a made up company, and this LBC is now from most likely another made up solicitor firm called CST LAW.   Any advise appreciated
    • It suddenly occurs to me, that you should send Hermes an email and ask them for the crime report number and a copy of the crime report. I'll bet you there isn't one. Make the request – we can store that up as part of your case later on. Hermes are really stupid
    • so its not the only one.. as both have the wrong date will be useful later in your ws then.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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  • 4 weeks later...
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Hi

 

At the moment I have just gone over from Income related JSA to ESA.

 

I was getting help with my mortgage interest payments on JSA (and this has been transferred over whilst claiming ESA) I believe this can continue for 104 weeks on JSA - is it the same time span if I stay on ESA.

 

Thanks

 

Lilly

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Hi

 

My ESA so called medical will be coming up soon - and I expect to fail it (be prepared is my motto), and I will appeal.

 

What happens to my ESA payment if I fail, and go to appeal, will I have to revert back to JSA and keep signing on whilst I appeal.

 

Thanks

 

Lilly

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From what i have learned, you must send in a gl24 appeal form with a doctors sick note asap after you are refused (if you are refused) and state you wish to recieve ESA at the basic rate pending appeal/tribunal. Thats where i am now.

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Welcome to the site.

Please read some of the info in the stickies at the top of this forum.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello there.

 

I think CharlieAdam is right. If you appeal, you should receive the Assessment rate of ESA while the appeal is being looked at. As Martin said, the sticky about appeals and tribunals should help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 3 weeks later...

Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

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Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

Your assessment period is thirteen weeks, so you will not have heard anything yet, It was four months for me from submitting the form to getting the ATOS assessment.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I would not worry as yet.

 

I have been on assessment rate ESA since last June and returned my ESA50 form to them at the beginning of September. I finally got a phone call last week with a date for my assessment appointment for the start of next month - though I may have to change the date as I have another appointment I've just been informed about that is the same day and, if I miss that, the next available one isn't until sometime in April!!

 

I have sent in medical certificates continuously - though they lost one in October and I only found out when my money didn't arrive (I got a duplicate from the GP and took it into the job centre the same day, they copied it and registered it as received on their system - the money arrived the following day) and my present one covers me until the middle of March.

 

In total, since submitting my form until the offered date of ATOS assessment, it's been 5 months!!

 

Feebee_71

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  • 1 month later...

Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week.

If I fail do I stay on the £67 a week whilst I appeal.

 

Any advice would be great.

 

Lily

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Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical - My medical was about two months after I sent the ESA50 form in.

 

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week. - Unsure. Someone will confirm this shortly.

 

If I fail do I stay on the £67 a week whilst I appeal. - Yes. You will still receive the £67 per week 'Assessment Rate' of ESA, while you appeal.

 

Any advice would be great.

 

Lily

 

Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

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Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

 

 

Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

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Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

 

You're welcome.

 

Don't let them stress you out. I appreciate that this is easier said than done!

 

It's all a waiting game, and we all have to play them at their own 'game' sadly, while trying to focus on getting well.

 

Good Luck.

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

 

 

I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

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I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

 

Hi,

 

Sorry to read that your Counselling isn't going so well. As you are undoubtedly already aware, often these things are tougher before they get easier.

 

It is certainly possible to go it alone with the appeal, but I would advise asking the CAB for some help. That's what they are there for!

 

They will take the pressure off. They can help with preparing your appeal, and may even attend the hearing with you.

 

I know where you're coming from, regarding talking to strangers, but the CAB are there to help you.

 

The lady helping with my appeal at the CAB is lovely. She's a 'Community Legal Service Welfare Rights Advisor'. She will also attend my hearing with me, and I'm sure if you ask them, you'll be able to get some help too.

 

Not only will they take a load off, your chances of winning your appeal will increase from about 20% (going alone), to around 70% (with representation)!

 

:)

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

Illegitimi non carborundum

 

 

 

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

 

Thanks HB I feel a bit better after that.

At the moment I am receiving cognitive therapy, but it is not working (sadly my issues go back donkeys years) whilst I was married I managed to keep them buried - but all the stress from losing my partner, my mum, my business in all 2 years have just taken its toll and I feel mentally and physically dead - also being 55 on JSA (as I was) was soul destroying, as no one wanted to offer me a job - I never even got replies from the countless applications = even my job centre wanted to pass me on to another area, as I was a blot on their books.

All goes to make you feel really good about yourself.

 

I have found a welfare rights in my area as well as a law centre which offers free help and specialises in benefits so, I will wait to first get the medical, and then go from there.

I think the CAB are absolutely stretched it is so hard to even get to see them - mind you the WR place only takes calls once a week between 2 and 4!

 

Anyway I shall try my best - as there is no other option open to me.

 

Thanks

Lily

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

Illegitimi non carborundum

 

 

 

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

 

Funny that HB - one day at a time has become my motto.

I am glad you said CBT does not work for everyone - I thought it was me.

I have problems writing down my day to day events (because often there aren't any) - I don't want to keep a diary also I have got passed that stage of achieving something and feeling good - these days I feel zilch.

I don't look at the positives as positives, they are just things that get done.

 

So I use all of my cups instead of washing the same one time and time again - I know I should not, but I do.

 

All in all I wonder how I got to 55 because at the moment breathing is a struggle.

 

Lily

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