Jump to content


  • Tweets

  • Posts

    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
  • Our picks

donkeyhoaty

fit note date for reclaiming esa after esa tribunal failure

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2493 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello,

I am new to this site so please forgive me if im posting in the wrong place.

 

Im permanently disabled and was found unfit for work from the Occy Health Doctor at my work place.

 

i claimed esa (contributions based) then went for a medical in December 2011.

 

I only achieved 6 points so i appealed immediately.

 

My ESA was stopped in July 2012 as i had received 365 days of benefit and cant claim for Income based ESA as my husband works full time.

i have been without any money at all for that time.

 

I had my ESA tribunal appeal December 2012 where the judge said my medical was on January 9th 2012 but it wasnt

and i only remembered this when i checked my old diary at home.

 

ive just recieved notification from the tribunal that i have failed this as well.

 

one of the reasons was that i spend all day alone as my husband works full time !!!!!!

 

i understand that i have to reclaim esa as my conditions have worsened and i am in no way fit for work (covered by fit notes),

 

please would anyone be able to tell me when i should claim from and more importantly what dates do the fit notes have to be dated from.

Share this post


Link to post
Share on other sites

Get a fit note from your doctor immediately, and claim from the date the fit note starts. You probably won't be paid until assessed and only if you make it into the support group - have you looked at the support group descriptors and checked that you meet at least one?

 

http://www.tameside.gov.uk/esa/lcwra


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites

Hello, thanks for this. i have been submitting three-monthly fit notes but do i need to get another one backdated to the start of the new claim (which i dont know when it should be, should it be after failing the medical Dec 21 2011 or failing the tribunal Dec 31st 2012?

Also was the judge in error of law when he stated my medical was on jan 9th 2012 and not dec 21st 2011?

Also should i have been paid the assessment rate up until or now or is it because i claimed the CB-ESA that it was stopped after 365 days and then that beggars the question is it usual to have to wait so long for the decisions?

sorry for so many questions but im mentally and physically exhausted by all of this.

Thank you.

Share this post


Link to post
Share on other sites
then that beggars the question is it usual to have to wait so long for the decisions?

 

unfortunately, yes. :(

Share this post


Link to post
Share on other sites
Hello, thanks for this. i have been submitting three-monthly fit notes but do i need to get another one backdated to the start of the new claim (which i dont know when it should be, should it be after failing the medical Dec 21 2011 or failing the tribunal Dec 31st 2012?

Also was the judge in error of law when he stated my medical was on jan 9th 2012 and not dec 21st 2011?

Also should i have been paid the assessment rate up until or now or is it because i claimed the CB-ESA that it was stopped after 365 days and then that beggars the question is it usual to have to wait so long for the decisions?

sorry for so many questions but im mentally and physically exhausted by all of this.

Thank you.

 

You claim after failing the tribunal - so the day after your payments stopped. As long as you have a fit note covering the period you shouldn't have to send a new one until the current one runs out.

 

Unless there is something significant about the dates of the medical, then it is just a simple error and not an error of law. It would only be an error of law if the mistake had an impact on the decision.

 

You were only entitled to 365 days contributory ESA, as you weren't placed in the support group. If you get placed in the support group in future then payments will resume.

 

Sadly, yes, it is usual for decisions to take a long time.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites

Wow, thanks, thats excellent, just one more thing though, sorry, if my benefit stopped July 13 2012 and my tribunal was 31 Dec 2012, and have been submitting sick notes for the last two years (three monthly ones), do i re-claim from July 13 2012 or Dec 31 2012. and does my vet need to date the note from July 13 or Dec 31?

Share this post


Link to post
Share on other sites
Wow, thanks, thats excellent, just one more thing though, sorry, if my benefit stopped July 13 2012 and my tribunal was 31 Dec 2012, and have been submitting sick notes for the last two years (three monthly ones), do i re-claim from July 13 2012 or Dec 31 2012. and does my vet need to date the note from July 13 or Dec 31?

 

Oh dear, oh dear.....


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites
:confused::confused: oh no youre scaring me now, what does oh dear oh dear mean

 

The fact you're going to a vet for your fit note. I do suppose that's where donkeys would go, but still.....


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites

oh thank goodness for that, yes my dear departed dad used to call the docs the vets and its just stuck with me:-)

Share this post


Link to post
Share on other sites

If you've been providing fit notes then just provide the next one when it is due. You can reapply at any time as your assessment was a year ago.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites
:whoo:thank you so much estellyn, youre a star

 

No problem, good luck at the vet.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

Share this post


Link to post
Share on other sites

hi i have a friend who has the same problem you had but she won her tribunal and was put in support group but does not recieve any esa as her work related pay ran out and as her partner works full time she isnt entitled to actually recieve any of the benefit on income related esa i hope this helps you some .

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...