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    • HB - friend historically has left issues to the last moment, always incurring extra costs.  It has been so frustrating.  Always worried about bills; yet always ending up paying more...   Dx- Is it worth friend writing to the court to say that a legal rep could go to the court on the hearing date - to request Claim be stayed/ struck out?  Even though bank has said they will write to the courts to say arrears paid in full?  Or does bank action mean the claim court hearing will automatically be withdrawn?   Or does friend have to go the N244 route?
    • Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • EDIT: Sorry wrong forum, tried to delete.   Hi Everybody,   Long time lurker and appreciative of advice on here, but have something of a pickle of my own which hopefully you can help with...   I left a flat in November 2017 and paid what I thought to be a final bill payment (with notorious SP), and also discussed my end of tenancy date with the CS rep. 6 months later go by and I get a call from somebody saying I'm overdue a bill payment for the utilities in the flat, and that they are wanting money from me. I politely told them they are mistaken and I was all finished up with them, and that they couldn't move with me to my new address. Cue another two months of nothing, and they re-appear on my phone, asking for money. I politely told them that it was nothing to do with me, and to speak to the new tenants / property company who managed the previous flat (and gave their address). 6 months later, I decide to check my credit history in-depth and see that there is a default listed on my account for around £100, so I called them up to complain that there was an unwarranted and invalid default on my account, and they highlighted that they never took the final payment and was outstanding an amount which I was not aware of. When discussing with them on my departure dates, they actually had it listed incorrectly, and I then gave them the correct dates, and said they would review and revise the bill statement but needed payment of ~£100 then and there, but would be rectified and re-imbursed when reviewed. They also said they would take care of the default on file if it was incorrect. 2 months later I get a cheque in the post for overpaying them and nothing further is required. I call them up to confirm relating to the default and they advised it would be done in due process. I am now 2 months later (apologies if these months don't add up) and I have checked my credit file with a 'Satisfied' label on the default. I called them up to get it removed, and they are saying they no longer want to remove the default, and that the default was valid.   What is the best course of action for me at this point.. Is there any hope for me here to get this removed?   Thanks in advance! Dave
    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
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fit note date for reclaiming esa after esa tribunal failure

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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.

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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

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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.

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then that beggars the question is it usual to have to wait so long for the decisions?

 

unfortunately, yes. :(

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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

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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?

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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

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: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

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

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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

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: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

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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 .

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