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    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
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I put mine in the box about any special arrangements you need for the assessment, you could also put it in the 'any other information' box at the end.

 

Be aware that when your appointment is made, if you need one, the booking clerks do not get to see the form so won't know that you've requested a recording, but we can deal with that at the time.

RMW

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

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Personally, I'd mention your severe problems with phone calls in a covering letter and, in same, request that all communications are in writing.

Now, we know ATOS can have a bit of a problem reading things so, just to cover your derriere, I would also mark the letter clearly with 'Copy to DWP' and - naturally - send a copy to your DWP BDC.

You never know, someone might just take notice.

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Thank you for that, how do I find my DWP? They wanted to know a lot of personal details last year when they stopped my IS but I can't find them and the website says I can't access the information anymore....????? Bit confused about that, they still exist just not for visits anymore.

 

I am somewhat resigned that this will not be successful but for the life of me I can't help wanting to be rather difficult about it all. Guess it's all I can do, not usually at all petty but am feeling quite mischeavous, that's the thing when you have nothing left to lose though I guess.

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Well that's a pretty good question - I presumed you'd know! In my case, it's the BDC (Benefits Distribution Centre) that deals with my ESA claim, they are in Chippenham for my area (Dorset). It should be the address on the top right of any letter you've had regarding ESA. But, as might be possible if you're commuting from IB, you may not have had a letter about ESA. It might be the same centre that deals with your IB but, on that, I'm just guessing.

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Thank you for that, sorry to sound dense but this is confusing me already and I haven't begun on the form yet....

I'm confused because I keep getting the results come up that it is the same address as the assessment will be (I really can't bring myself to describe it as a 'medical').

 

So do I enclose a letter with the request then send a seperate letter to the same address?

 

Sorry if I've misunderstood this. And my thanks for your help.

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:a2o:

 

Follow :reallymadwoman:'s tips for completing the ESA50, including asking for a recorded assessment on page 3 and in any other spare space. Enclose a covering letter (copied to the benefit delivery centre and keep a copy for yourself) to affirm your request for a recorded assessment and document your issues with phones. Send recorded delivery if possible, or at least get a certificate of posting, to the address for return of the ESA50. Initially, Atos are likely to ignore both the info on page 3 and the letter but if there's problems later on they'll not be able to claim they weren't told.

 

Next contact you're likely to get from Atos, apart from phone calls you can't answer, is an appointment letter for a face to face assessment with no indication of whether or not it's to be recorded. To the ire of most claimants (including me!) Atos prefer to arrange recorded assessments via phone but there's ways round it, if/when you need them.

 

Now, where's that benefit delivery centre? Jobcentreplus've set up a number (think it's eight, but don't quote me) of designated benefit delivery centres to deal with reassessment of incapacity benefits. Which one your claim's assigned to is determined by your postcode. Address and phone number of your usual centre's on any letter you've received from them and they only need the first half of your postcode tell you the address of your reassessment centre. Do you have someone to phone for you, so long as you're with them to give verbal authority? A written response could take five days or five weeks.

 

Sincerely, Margaret. :panda:

 

(Some addresses are shared by Atos and Jobcentreplus.)

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This is an email address for customer services at ATOS - .

 

They may try to tell you that they can't pass on information to appointments etc, but if you persist and insist (and threaten them with a discrimination claim for failing to make reasonable adjustments if you have to) they will do as you ask eventually. More to the point, you usually get an automatic acknowledgement so they cannot subsequently deny receiving your email.

RMW

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

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Hello

 

I've recently been changed over to ESA (WRAG) and I know how intimidating the forms can be. The form itself was the usual, quite long, a bit confusing. I have both physical and mental health problems and I kept putting it off because just looking at the form made me panicky. I actually missed the return date without having contacted them so I had to ring and explain that I was finding it hard. At first the person I spoke to said that I should fill it in, and write why it was late, and then they would consider if my reason was 'good enough'.

 

I still couldn't get it done and was eventually called for an ATOS assessment. I explained to the assessor that I still hadn't filled the form in and that I knew I should have done but I just couldn't seem to face it and she said it was fine, the decision would be based on the assessement alone and I wouldn't be penalised for not being able to fill it in.

 

I was put in to the Work Related Activity Group, the only change to my benefit was that it was now paid a day later than the old IB - not that anyone told me and I spent half a day on the phone trying to work out why I hadn't been paid!

 

I had my first Jobcentre appointment last week and the woman I saw was really nice. I told her my worries about being able to sustain a job and the problems my mental health had caused in previous jobs (although at that point I was undiagnosed and not on medication). She told me that I can work up to 16 hours a week and earn (approx) £98 a week and not lose any benefit for 52 weeks. After that, I might get a further £40 a week as a 'back to work' bonus.

 

She told me that she should be able to get me some voluntary hours in a local charity's office, to see how I cope back in the workplace and to see what problems if any come up. She is also contacting the university for me as she thinks I might be able to get some occasional work as an invigilator, and encouraged me to think about setting up my own business (I used to work in PR and do copywriting and proofreading - I still proofread but not for money!!) and suggested I visit the tax office before my next appointment to see what help they can give me if I do this.

 

She will personally contact any prospective employer if I wish and explain to them about my situation so that I don't feel pressured which would be a great help, if people understand I don't get in such a stress. I guess some employers won't interview me on that basis but the way she put it, I felt like it was quite a positive thing?

 

She is looking into suitable courses for me - she said I don't need to do English or Maths or Computer skills, but that a back to work course might be beneficial in raising my confidence. I have been out of employment for eight years now. I have to say, I was dreading it when I saw I was in the WRAG, and especially dreading the jobcentre interview but actually I feel quite positive and not pushed or forced to anything I am not ready for. I appreciate I may just be lucky with the woman I saw at the jobcentre but I've never made any secret of the fact that I've always worked when I've been well enough and would like to again, but couldn't see how it was possible. I'm a single mum with two young children and we talked about my worries about childcare and my health and she was very helpful and made some good suggestions.

 

I hope this helps you, I'm feeling quite positive about things and I honestly never thought I would say that about my situation!

 

love

 

Pixy

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:PinkPixy:

 

Wow. A positive experience of an initial work focused interview.

Thanx for sharing it with us.

 

Work programme providers take note! This is how employment n support allowance is supposed to work!

 

:thumb: Margaret.

Edited by **Margaret**
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I was also told that dont take pain killers etc if you are in pain, you need to be at your worst while you are there...

 

I am diagnosed with bipolar disorder and I have a arthritis in my lower back and hands and a trapped nerve in my leg.. the assessment I attended I took painkillers before going in, and failed with 0 points because i could get up and down.. I also scored 0 on the mental health bit as well.

 

I didn't take anyone into the interview with me, but I had my sister with me to get there and back, she left me there and went off somewhere on her own.

 

next time I am taking her in with me...

 

Oh and request to have your interview recorded. On my last assessment, when i got the report I honestly believed that it was somebody elses...

 

I won at tribunal, it took 7 mins for the decision to be over turned...

 

good luck though what ever you do...

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Starryeyes, reallymadwoman, pinkpixie and bs0lth, thank you so much for all the additional information. I've only just seen the replies as I have been laid up for a while. I really appreciate all the help and all this is very useful, I appreciate the time and sharing.

 

I have a further problem. I got rather badly advised by an agency who 'helped' me with my DLA last year but knowing I shan't pass ESA either, I really needed help with the overwhelming nature of the form and contacted them again. They agreed to help me but have organised a visit to do the form on 21st May. The form is due back on 20th May. I've contacted them twice to inform them of this but have heard nothing back from them and don't anticipate I shall so I must do it myself. I so identify with putting it off and not doing it, I just don't know how to describe these things but I am left with this now, in fact the dishonesty is creating added layers of stress but that's their passive aggressive way it would seem, I'd much prefer a direct refusal but anyway.

 

Is there any way it can be returned later? I have heard all kinds of stories of monies stopping dead, them not being interested in why it was delayed etc. but it would so help for someone to write this for me.

 

I know I won't be put in WRAG and am sick at the thought of this process, don't think I can face the jobcentre and signing on, I would so like some help with courses and liaison with prospective employers though.

 

Do they inform you when they stop paying? I keep checking the bills are paid because I don't know when it will be stopped.

 

My thanks for further responses if you can make sense of this.

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Starryeyes, reallymadwoman, pinkpixie and bs0lth, thank you so much for all the additional information. I've only just seen the replies as I have been laid up for a while. I really appreciate all the help and all this is very useful, I appreciate the time and sharing.

 

I have a further problem. I got rather badly advised by an agency who 'helped' me with my DLA last year but knowing I shan't pass ESA either, I really needed help with the overwhelming nature of the form and contacted them again. They agreed to help me but have organised a visit to do the form on 21st May. The form is due back on 20th May. I've contacted them twice to inform them of this but have heard nothing back from them and don't anticipate I shall so I must do it myself. I so identify with putting it off and not doing it, I just don't know how to describe these things but I am left with this now, in fact the dishonesty is creating added layers of stress but that's their passive aggressive way it would seem, I'd much prefer a direct refusal but anyway.

 

Is there any way it can be returned later? I have heard all kinds of stories of monies stopping dead, them not being interested in why it was delayed etc. but it would so help for someone to write this for me.

 

I know I won't be put in WRAG and am sick at the thought of this process, don't think I can face the jobcentre and signing on, I would so like some help with courses and liaison with prospective employers though.

 

Do they inform you when they stop paying? I keep checking the bills are paid because I don't know when it will be stopped.

 

My thanks for further responses if you can make sense of this.

 

If you call the DWP and explain you require assistance with form, could not get an appointment until the 21st, and please could you have a two week extension to get the form back, then they are usually fine with that and will give you the extension. Then at the end of the form is a section about if you are sending the form back late, give reasons - you should complete this part explaining you required help from a benefit adviser to complete, had to wait till 21st for an appointment, and you contacted the DWP to inform them of this.

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

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This is good news, so I can get a little grace.

 

Reallymadwoman, can you tell me if they acknowledged your letter?

I've been wondering if I could write. If I get a letter in the post soon will that do it?

Also, do I send it to the jobcentre rather than atos, they are in different places.

 

Thank you again for your help. This has been invaluable.

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I wrote to DWP (my benefit centre is Exeter) with a copy to ATOS. They didn't acknowledge my letter, but I had a certificate of posting to prove I sent it.

 

To be honest, decisions are taking so long at the moment that so long as your form is only a few days late probably no one will have noticed.

RMW

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

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If you don't mind another question. It will be more than a few days late since I don't have an appointment until after the deadline and I don't know how long they will take to complete it and I know they are swamped. Does it seem likely they will understand as long as it does get sent back?

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Sorry about this but I'm struggling with the whole DWP thing since it seems to have changed so much.

On the form they ask me to contact jobcentre about any queries but they are at the medical centre I originally saw a dwp doctor at when I initially did my IB.

So I was going to send a copy to the people who sent the form and copy it to jobcentre. No idea if that is ok or not and would appreciate a pointer. Thank you.

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:a2o:

 

Given your issues with phones write to your usual benefit delivery centre at the address on the last letter you had from them. (Or your reassessment centre if you've found it.) Copy the letter to Atos at the address on the return envelope for the ESA50 and get certificates of posting for both letters.

 

Explain why your form may be late. From what you've written you've two potential good causes;

 

A documented mental health condition, which if severe enough may be considered good cause for late return of an ESA50.

 

Effects of your mental health condition mean you need help to complete an ESA50? But you can't get any help until 21 May.

 

Response from Jobcentreplus could be anything from what :estellyn:'s said, through 'get it back to us as soon as poss' to no reply at all. None of which matters cos it's the courtesy of telling them that helps with the good cause bit.

 

Whilst acknowledging their workload, from what you've said about the advice agency I'd not be waiting around for them to maybe help. Doubt they'd fill in an ESA50 for you to collect at a later date anyway. You'd be better to use the guides at #3 and #6 to prepare your answers, as best you can, on separate sheets of paper. Then, if you're still having problems, get the agency to go through what you've prepared. ESA50 questionnaires are best tackled a bit at a time. I worked out which activities I'd problems with, then dealt with one per day.

 

Possible senarios if your ESA50's returned a few days late;

 

Atos, if they've noted a moderate to severe mental health condition, will continue the work capability assessment anyway by inviting you to a face to face interview or writing to your general practitioner.

 

Atos will return your file to Jobcentreplus for a decision maker to consider good cause for failure to return the questionnaire. Should your completed ESA50 be received before a decision maker gets a chance to consider good cause (quite likely if it's only a couple of days late) your file will get sent straight back to Atos for the assessment process to continue.

 

Disallowance of benefit for failure to return an ESA50 has to be notified to the claimant in writing cos it's an appealable decision, but sometimes there's not much warning.

 

Sincerely, Margaret. :panda:

Edited by **Margaret**
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Hello again and again my thanks for this clarification.

 

So what I understand is that, unlike dla, the benefits advisor won't be able to fill the form out for me so I should get a start on it anyway.

And to write to both atos and jobcentre with proof of posting to inform of delay in returning.

 

Thank you so much for the help. I appreciate all this and it has really helped me see how to proceed, for some reason I was terribly confused before even attempting the form.

 

My regards to all and wishes for your success.

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:a2o:

 

Advisers can help with forms for any disability benefit. Difficult to see how an adviser can complete a form for a client. S/he doesn't know how far you can walk, whether you've problems with communication, keeping yourself safe or whatever. Needs the client to explain his/her problems with the activities. Or if that's not possible, some input from a carer, psychiatric nurse or whoever.

 

From where you're at now I'd get something roughed out, then ask the adviser to check for any glaring errors or omissions.

 

'And write to both ......' Yes, it'll lessen the chances of an over zealous decision maker determining failure to return the questionnaire.

 

Margaret. :-)

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I am very appreciative of those who have assisted me here, it really is so kind of you all.

 

Starryeyes, I am most thankful for you clarifying things I'm sure you have covered already and my addled brain is having problems grasping, it really has allayed my fears and helped me see what and where I must do something.

 

If I am not too much of a nuisance, is it possible to say what the approximate amount of time there will be til I hear from them after they receive the form?

 

I really must stop asking so many questions. Maybe this is all part of the confabulation - we have to seek out the answers because they don't tell us.....

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If I am not too much of a nuisance, is it possible to say what the approximate amount of time there will be til I hear from them after they receive the form?

 

 

Unfortunately this really is like asking how long is a piece of string. It depends on a huge number of variables including how busy your area is and if they decide to write to your GP first. Some people seem to get called for assessment pretty quickly but others wait ages. I am a bit of a special case, but I've now been waiting over a year since my ESA50 form went back and I've still not had my assessment!

RMW

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

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Unfortunately this really is like asking how long is a piece of string. It depends on a huge number of variables including how busy your area is and if they decide to write to your GP first. Some people seem to get called for assessment pretty quickly but others wait ages. I am a bit of a special case, but I've now been waiting over a year since my ESA50 form went back and I've still not had my assessment!

 

A year is impressively slow - mine is just 6 weeks so far (and counting), though my last two assessments I had an appointment through within two weeks of sending the ESA50 back.

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

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This time around I waiting very nearly a year just for the ESA50 to arrive. Then it was, iirc, about two months before the phone call putting me straight into the Support Group. Personally, I think they were just embarrassed ... :D

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