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    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Not Coping with the DWP


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I'm guessing the answer is no, but does anyone know what systems in place exist at the dwp for people that just can't cope with signing on anymore. I'm reallys truggling with depression and stress right now; I have two appointments with the JC next week, on monday I have to see a 'work psychologist' (whatever that is, probably another peddler of the Work Programme), and I have to sign on friday (the day before christmas, when of course there will be loads of people hiring). I can't face it. I'm struggling to cope with this time of year as it is, I don't get on with the winter (especially in a freezing cold house). I can't get a doctor's appointment anytime soon either. Is there anything I can do to get the JC to back off for now, or is that wishful thinking? Thanks.

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Your appointment with the work Psycologist could be rearranged if you have a good enough reason to have the appointment changed. Your signing is mandatory to continue with your claim again unless you have a legitimate reason for not attending, as you have stated that you are feeling depressed have you declared any previous periods of sickness in your claim during the last 12 months? If you haven't then you could declare a period of sickness to cover your from Monday through to 2 weeks on Sunday (19/12/11 to 01/01/12), if you have already used your 2 periods of sickness then you would need to consider closing your claim for JSA and making a claim for ESA.

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How do you declare a period of sickness? Won't you need something to back that up? Presumably they'd want me to come in on the 2nd of January instead of the 23rd (and then on the 6th, which would be my next time). That doesn't seem a better solution, and I have no doubts they'll just decide I'm faking it and sanction me.

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You call them on Monday morning and request a form for a temporary eriod of sickness called a JSA28 you will then need to complete and return the form asap and yes you would still need to attend on your signing dae following the 23rd December . As long as you detail a brief outline of what is wrong and preventing you from attendeing the office then your word is sufficent.

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A form isn't going to show up for weeks after being posted/sent back at this time of year, so they are certainly going to think 'he's having a laugh'.

What guarantee is there that the reason you provide will be accepted? Heck of a gamble to take on the basis that it's your word against theirs?

Won't they just insist you come in at the first available opportunity after the regular signing date (ie the 23rd), say the 28th, and therefore all that will be acheived is delaying the inevitable? Surely they don't completely excuse someone from signing until their next due date?

Are these forms online?

 

Thanks for the response, but i'm going to need to know all the facts 100% clearly before i commit to this course of action no matter how i feel given that the consequence could mean losing my benefit.

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Well as I work in this area I can assure that as long as you give a short description of the ilness that is preventing you from attending the office it will be accepted of course from my initial reply you will need to to determine if you have declared any previous periods of sickness in the last 12 months of your claim. As long as yyou provide this and a signature on form JSA28 then it will be acceoted. (If you just declared ill, sick or unwell as detailed in the notes on the form JSA28 then of course that would not be accepted).

As long as you call before the appointment tomorrow and declare that you are not up to attending and are declaring a period of sickness then the appointment will be rearranged and also you shoud be asked how long you envisage it will be before you will be fit to look for work again. You will be ok for a maximum of 14 calender days, anything over that and you will need to end your JSA claim and make a claim for ESA and provide fit notes from your GP.

No this form is not available online.

Your payment for your signing on Friday should also be covered by the advance issue to the bank holidays the following week so your payment wiuld still be issued and the form will be received as quickly as the royal mail can deliver, be completed and then posted back.

 

In the office that I work at we defer the appointment until after the period of sickness and usually try to accomdate to that sogning date that follows but not all ofices follow the same so as previously mentioned you could be called in anytime after the 3rd January.

 

The alternative you have is to attend your appointment and signing as normal.

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How can the claimant determine when he will be able to look for work again? If you say i think i'll be ok for my next signing time aren't they going to think 'yeah right', especially as it's christmas.

If all they are going to do is ask you to come in when you say you might be well again then this solves nothing.

Also, as the money is being paid in early to accomdodate the bank holidays, what happens if i say i'm ill on the friday (instead of tomorrow), can they recall the payment? The payment goes in on the 21st (wednesday) to clear the following week, as normal, so if i ring up friday morning, when i'm next due to sign, aren't they just going to again think 'yeah right' and recall/stop the payment?

 

What is a work psychologist anyway?

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JSA rules are that you can have two 14-day periods of sickness within a rolling 12 month period. During those 14 days you are exempted from the requirements of JSA - including signing on. You have, in general when claiming benefits, a fundamental right to be believed. There are exceptions to this if your statement is improbable ("I was mauled by a lion in Tunbridge Wells") or if your statement contradicts something else you've already said.

 

Stating that you have a short-term illness is neither. As Flumps said, as long as you can basically explain the nature of your illness, you'll be taken at your word.

 

So, to answer the questions here:

 

How can the claimant determine when he will be able to look for work again?

 

You're expected to take your best guess. If the period of sickness is likely to last over 14 days, you will be told you can no longer claim JSA but must claim ESA instead. To claim ESA, you will need to see your doctor for a medical certificate.

 

If you say i think i'll be ok for my next signing time aren't they going to think 'yeah right', especially as it's christmas.

 

No. Well, I'll be clear: it doesn't matter what the individual DWP staffer thinks - you are entitled to self-certify two 14 day periods of illness.

 

Also, as the money is being paid in early to accomdodate the bank holidays, what happens if i say i'm ill on the friday (instead of tomorrow), can they recall the payment?

 

Not technically possible if the computer system has already issued it. If it hasn't, payments should be issued as normal during a declared period of sickness, provided it's less than 14 days.

 

But this is key: after the 14 days, you will be expected to comply with all conditions of JSA - signing, appointments and so on. So if you feel that you will not be able to do this then seeing your GP with a view to claiming ESA is something you should do as soon as possible.

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Not technically possible if the computer system has already issued it. If it hasn't, payments should be issued as normal during a declared period of sickness, provided it's less than 14 days.

 

I slightly misspoke here. It is technically possible to recall some direct payments, usually up to about 11am the day before they're due to credit to the claimants bank account. I recall doing it on two occasions, in both cases because the customer stated that their bank account was overdrawn and wished to be paid by giro instead. It's not normal procedure and isn't done lightly - my name was mud at the Finance Office for weeks afterwards. Their view was that it was the claimants own fault, and if the same person was doing this every other week, well, I'd agree, but sometimes stuff happens. After the second time, my manager told me to stop doing it. Oh well.

 

So they won't recall payments already issued, and as I said, you have the right to be believed.

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Had the appointment with the psychologist this morning. But Im through with the DWP. I cannot deal with them anymore. They couldn't even refund my busfare ffs (so how i'm even meant to get in on friday I don't know, even though they said i could collect it then, though presumably the same nonsense will happen then aswell).

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