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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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ESA 113 - is it's use commonplace ?


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Is anyone aware whether this form (which can be used by atos/dwp to obtain basic medical info from a claimant's gp prior to a face to face assessment) is in practice commonly used ? I ask because the form is very one sided in its questioning and it may be easier for a claimant to obtain a similar report direct from gp, Further it seems unlikely that atos have time to make contact w/ gp's. On a related topic is a ESA claimant now allowed to request that medical be taped and will such a reasonable request be granted ?

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Ok, I'm confused. Probably nothing new in that statement. I've looked at the ESA113 online and what it asks appears to be completely in line with ESA and the Descriptors. I appreciate that might appear to be 'one sided' but I'm not exactly sure what else you would want to have included in a form asking about ESA and their Descriptors. Space is provided for further explanation.

As for whether or not anybody actually bothers to contact the GP - from ATOSH or DWP - that's a different kettle of catfish. In my experience - four years on the assessment rate - no. Neither the DWP (for ESA) nor ATOS have ever contacted my GP. The only people with either the common courtesy or the inquisitiveness to do so were DLA.

As for WCA's being taped, your guess is as good as mine. The answer is: Probably. Don't hold your breath. We'll make it difficult. Do you want to be in WRAG or Support anytime soon? ...

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Thx rae. My key concern re esa113 was that if ( and i agree thats a big if !) atos or dwp send form to gp that they then first liaise with the claimant in order to allow the gp to be fully appraised of whether or not a return to workplace is feasible. Re "onto Wrag or support anytime soon" ; tad confused by that statement my friend.

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Thx rae. My key concern re esa113 was that if ( and i agree thats a big if !) atos or dwp send form to gp that they then first liaise with the claimant in order to allow the gp to be fully appraised of whether or not a return to workplace is feasible. Re "onto Wrag or support anytime soon" ; tad confused by that statement my friend.

 

Hello there.

 

I'm a bit confused too. Would you be able to clarify please about the GP being apprised of whether a return to work is feasible? Do you mean by the claimant or by someone else?

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think i may have the answer. According to a CAB report an ESA113 is only sent out in 8% max of claims and only then when( as per current DWP guidance) an ATOS doctor senses that a face to face ass'ment may not be required. Thus in practice it would appear that the ESA113 is rarely requested and the burden to provide medical evidence is left to the claimant. Any comments to concur w/ or refute the above .

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:badback2:

 

Consensus of opinion on CAG is that an ESA50 should be completed honestly with as much detail as possible. If necessary, use extra sheets and staple them to the ESA50. Fraid the jury's out on what constitutes sequential personal actions cos Jobcentreplus keep moving the goalposts. Rethink's site has an excellent guide to the work capability assessment and coping with the mental health descriptors on an ESA50. Whether it's better than the one mentioned on your other thread is personal preference.

 

Once every other blue moon Atos send an ESA113 to a claimant's doctor for further medical evidence. The most usual time is when the ESA50 is skim read for the possibility of employment n support allowance without a face to face interview but one can be sent at any stage during a work capability assessment. Atos don't notify the claimant cos permission to contact the claimant's medical professionals is part of the declaration on page 19 of an ESA50. Atos won't care whether your sister or her doctor feel a return to work is feasible.

 

Everyone 'invited' for a face to face can ask, on the ESA50 or via letter, for the assessment to be audio recorded. :RaeUK: asked if you wanted your sister in the work related activity or support group any time soon cos it can take months to get an audio recorded assessment. The 12 months limit for contribution based entitlement doesn't apply to the support group.

 

Sincerely, Margaret. :panda:

Edited by **Margaret**
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ok Nysta....w/o appearing to be intrusive does that then mean that you fall into the "special" category as referenced above ?

 

I am wondering the same thing. In one way, I hope so. I have explained on my form that I would struggle (due to various medical issues) with a medical.

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I was going to post I believe its rare as we have welfare rights etc. complaining that the DWP dont do enough to get evidence including contacting GP's. I assumed this meant these forms are rarely sent out. However I have no way to back this up with facts, its just what I assumed.

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http://www.dwp.gov.uk/docs/esa113-interactive.pdf

 

Is this any help http://www.gpnotebook.co.uk/simplepage.cfm?ID=x20090702123014398225

 

  • introduction of Employment and Support Allowance will not make significant changes to a GP's dealings with patients, or the amount of paperwork a GP needs to complete
  • will still provide "statements of incapacity for work" (usually on form Med 3) until the WCA assessment is carried out, usually within the first 13 weeks of a claim for Employment and Support Allowance
  • a GP may be asked by DWP to complete a factual ESA113 report on a patient
    • form can be completed from medical records
    • no need to carry out a separate examination of patient
    • DWP will only ask for an ESA113 to be completed if:
      • could result in patient's entitlement to additional financial support being confirmed on paper evidence, without need for a face to face assessment, or
      • if, in the case of reassessing a patient's continuing entitlement to Employment and Support Allowance, it could result in ongoing entitlement being confirmed without need for another face to face assessment.

       

     

    [*]occasionally a healthcare professional carrying out the WCA may phone for more information

    • not necessary to discuss with patient before releasing clinical information because they have already given their consent for this as part of the claim procedure
    • your patient will not be denied benefits solely based on the information on this form
    • an expert decision maker makes the decision to award Employment and Support Allowance based on a range of information and evidence, including independent medical advice

     

     

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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