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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Firstly, many thanks to all who contribute here.

I have followed the advice of many in filling in my wife's ESA form. She has been on IB for twenty years but were still expecting a fight.

 

She is registered partially sighted due to diabetic retinopothy, and the damage caused by severe lazer treatment to her eyes. She suffers from recurring infections in her feet, and her hands have become deformed, again as a result of the diabetes.

She also has other problems such as pernicious anemia, arthritis, athsma, hypertension and heart disease.

 

Anyway, we were pleased to hear that her claim was successful, without a face to face assessment, but she has been placed in the WRAG group, this has currently been appealed but two appeal letters have yet to survive the postal service and arrive at their destination!

 

One letter made it to us though. This morning she has been summoned to appear at a WFI interview on Thursday 27th Dec. Well, technically, Christmas is over by then, I suppose, so can't complain!

 

The letter was pretty helpful, I thought, once you get through all the warnings about taking your money off you if you don't attend etc.

 

It states that "We may be able to help with (amongst others) the cost of replacement care for an adult you care for."

 

Seem's reasonable enough, but what if "you" are the one being cared for?

 

Well, you can bring someone to the interview with you, but "...it may be helpful for you to know that JC+ offices can get very busy and there is limited space in the waiting areas."

 

So "her" carer can attend (gratis, of course) but will probably be expected to stand in the corner.

 

Ah well, if I decide to take her, it may be the makings of an interesting thread to cheer you all up over the holidays.

 

Thanks again for all the help I have gleened from here, and please, everyone, have the best Christmas you can, and a Happier New Year.

 

Good Luck!

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If you would normally accompany your wife to an appointment you should go with her and be prepared to be 'firm' with any advisor who tries to send you away or leave you in the waiting area. Someone who has not worked for 20 years is unlikely to be comfortable in a JCP office and they should accept that you are needed if only for moral support.

 

Once they know you are appealing WRAG group you may find they don't call her back for another appointment or opt to do it by phone.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you, both, and I am aware that you have both had a really tough time with this fiasco.

 

I will be attending with her, I wouldn't miss it for the world.

 

Let you know how it goes.

 

Best wishes to you.

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Just a quick update, despite my appeal letters apparantly going astray, and having no other contact with DWP since sending them in Dec, we have today been notified that my wife has been placed in the support group!

 

The appeal letter I sent stated only that I believed my wife met the criteria for the support group under more than one descriptor, and that I needed sight of the reports used by the DM to determine which.

 

The only reason I haven't chased up the appeal is because it doesn't make any difference financially to us whichever group she is in, and the JC agreed to carry out any further WFIs over the phone.

 

I just don't understand why we were not contacted for further evidence, or sent the reports asked for, before the new decision was made... not that I'm complaining!!

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Great News, and albeit late, the right decision in the end. I never cease to be amazed at the cack-handed, bizarre and seemingly incompetent (deliberately or not) way of working the dwp have.

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