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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
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    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Appealed Low Care DLA - ** WON **


Laura Cooke
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Applied for DLA in January for daughter with mental health (depression) she left work 8 months previous. Turned down asked them to look at claim again awarded low care, low mobility appealed again said expected middle care as fit the criteria.

 

Daughter then diagnosed Bipolar 1 let DLA know 11 week after appeal against low care DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview. They not took much note of the very informative claim, they not asked GP or Psychiatrist at mental health.

 

In my opinion they not seriously considered the appeal as they have made no attempt to investigate things further to substanciate what we have put on the application/appeal. They relied on the original application form to do a u turn to award low care and low rate mobilty had they thoroughly looked at it they would have come to the conclusion that my daughter qualifies for middle care.

 

Would contacting my MP help or would we just have to go through the system to a tribunal?

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Yes understand that diagnosis will make no difference, yes she received low care/mobility after no award at all then after taking advice appealed against the low care nothing taken away from what I can see just turned down the appeal they say she only needs around a hour a day supervision which is way off what time I spend with her, she will do nothing she spends all day in nightclothes, I take meals some times she eats them some times she does not. She forgets her medication and a few months ago was quite poorly as they had to mess around with the dosage because she had missed doses.

 

She will do nothing without prompting, she sleeps on the sofa, it is anightmare to get her to have her hair washe dlet alone get it cut she is so challenging, I am hoping when they start tgese 3 lots of new medication that she will improve. I have had to take control over her mail and bills as she was unopening them and leaving them in a draw.

 

She as piled a few stone on due to barely leaving the home she sits with blinds shut it males me depressed never mind her, she as no friends at all she never made any at work it`s very sad/ She lost touch with people from school and she never goes anywhere to meet anyone. I have numerous confrontations with her about wearing the same hooded top if we go anywhere even when it`s been hot she simply tells me she is cold this cannot be right

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In the 11 weeks we have been waiting of a decision I could have got something off GP or Psychiatrist at Mental Health, was told this didn`t matter at this stage of the appeal and that I did not need to go into great detail.

 

Just noticed on their decision notice they saying she gets low care to see to her bodily functions we never implied this weird

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... DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview ...

 

Just out of interest, Laura, do you know this to be a fact? Is it something they wrote to you and said they were doing? I'm curious as they are two seperate benefits and are usually treated as such ...

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Hi Rae

 

It shows in their decision they relied on the application and what ESA Nurse said, Unemployed Workers Centre told me they often do go on your ESA report for DLA they more or less said they relate to the info in your ESA claim and if you are succesful in ESA claim they look at the info there to then award DLA. DLA have enclosed my daughters ESA report from the nurse in the paper work they have sent back telling my daughter her appeal as been unsuccesful for middle rate care

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My husband gets high rate care and he did not even go to the tribunal I represented him. Yes it is a jump but in my opinion she qualifies I just wish I had got something from her GP and Phsyciatrist before I sent the appeal in. Did you go to tribunal to get MRC. I have been to a few tribunals and have come away with success admittedly not always easily. With rules and changes I am a bit rusty and always look for guidance on here it is this site that as educated me so well and I am so grateful for that

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Ok, thanks for that, Laura. I had heard rumblings that, although they are two seperate things for two seperate purposes, they were beginning to swap info more and more. When you're formulating your appeal / complaint about this, it is worth noting that the 'medical' for ESA is not a medical at all and should not be used or interpreted as such. It is a Work Capability Assessment. A different beasty completely. It also provokes other questions. What do DLA do if you don't get or apply for ESA? If you're in full-time work, for example. Refuse it? ...

 

I've finally completed my DLA application form tonight, ready to post tomorrow. Can't wait to see what they come up with. I've been on the ESA assessment rate for nearly four years now ...:pray:

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I have gone on behalf of 3 people who have not attended my welfare rights officer said I would not get a result but each time I have. I share notes with organisations they help me I help them again most I have learnt off here other place can I mention (Benefits and work) I am arthritic I get DLA, I am deteriorating just back from the hospital they want to operate on my knee said I will think about it, I lost my sister 2 years ago this August to a similar condition I have so a bit dubious about surgery. I was insulted at tribunal many years ago a lady on the panel was disabled herself she was a magistrate she was quite rude but I got the result.

 

It is wrong Rae for DLA and ESA to swap notes I have wrote to my MP today to say it`s a cost saving exercise nothing else as they have not read the application thoroughly nor have they attempted other means of satisfying themselves as to my daughters condition they could have wrote to her GP, Psychiatrist, or send a MEP. What are they saving though? as biggest majority that go to appeal win so what`s the appeals costing.

 

I took a few bank charges cases to court for people and won too, again all information gathered off here, we a lucky bunch to have this site some great people running it who have been a god send to me at times.

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They only write to GPs, etc. if they require more information. They do sometimes use their own "medical services".

 

Have you made sure that your daughter meets the criteria for MRC? I was told last year that I'm in between. I am hoping now that I do meet the criteria for MRC.

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Well all we have looked at she meets it as others looked at the claim and wrote on the appeal that the claim indicated she secures MC they originally gave no award then on appeal gave LC/LM we appealed the LC strange how they supposedly look at claim and award nothing and then relook at it and give something, in my opinion they don`t really thoroughly read the claim and in this case they have just gone on the 20 minute work capability test results

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When you send in an appeal your claim is looked at again by a more senior DM, and they can change the award if they think you fit the criteria, that's what happened to me, went from LRC and LRM to HRC and HRM, without going to the tribunal.

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Sparky I am off to the coast soon will try and gain access to internet are you saying when we send this appeal in against the decision not to give MC it will be looked at again to maybe avoid the tribunal? My MP is a good friend he rang me from London this morning I am with him next week down London will him intervening make any difference? I thought once it had been looked at that anything else was exhausted till you had your say at a tribunal, and as I have said previously if it is a cost cutting exercise it does not always save money turning people down as on appeal majority win. Thanks Sparky for your input it as been a long time since you have been on one of my threads appreciate it

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You're welcome Laura, like I said the reason I know it is looked at again by a more senior decision maker is because that's what happened with my claim. Did you appeal using the GL24 form? Enjoy your trip to the coast, hope the weather is nice for you, take care.

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Thanks Sparky/Nystagmite just got a dongle (lol didn`t know what one was till daughter in law told me) great to be on line from the coast which is glorious weather. Saga goes like this awarded nothing appealed awarded LC/LM appealed again on GL24 against LC daughter fits criteria in our opinion of MC, 11 week later letter comes says MC tunred down to remain on LC/LM. So next step now? let my MP know as seeing him in London next week. And sent copies of all paper sent back from DLA inclusive of ESA report they sent onto Unemployed Workers Centre, so now we wait to either get a tribunal date or someone taking yet another look to turn decision around?

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