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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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Waiting for ATOS


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Last Sept I was taken off esa, I have been waiting for ATOS to assess. I call ATOS every day and they fob me off, either there waiting for my GP's reply or my response to a fictional question they never sent, however I have received nothing from ATOS, they are so rude, one time I asked how long will it take for them to see me, how long is a piece of string was their answer.

I have been in touch with Citizens Advice and my MP as my housing benefit stopped. Even my MP can't hurry ATOS along he was told I am stuck in the system, the situation is dire, I am facing eviction. What else can I do. The Council are taking my to court in May.HELP PLEASE.

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Last Sept I was taken off esa, I have been waiting for ATOS to assess. I call ATOS every day and they fob me off, either there waiting for my GP's reply or my response to a fictional question they never sent, however I have received nothing from ATOS, they are so rude, one time I asked how long will it take for them to see me, how long is a piece of string was their answer.

I have been in touch with Citizens Advice and my MP as my housing benefit stopped. Even my MP can't hurry ATOS along he was told I am stuck in the system, the situation is dire, I am facing eviction. What else can I do. The Council are taking my to court in May.HELP PLEASE.

 

Hello there. I'm going to move your thread to the main benefits forum, where I think more people will see it.

 

I wonder if I could ask a question please? You say you were taken off ESA, could you tell us why please?

 

Normally Atos assess you before the decision to stop your benefit is taken, but I may have misunderstood. Atos normally just do assessments of your physical or mental condition to see whether you're entitled to benefit. Normally the DWP do the paperwork and make the decisions.

 

If you could tell us a bit more please, it will help us to advise you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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: persian:

 

'Last Sept I was taken off ESA'. For alleged failure to attend an assessment or a disallowance by Jobcentreplus cos you'd been found fit for work following an assessment?

 

Have you completed a new ESA1 claim form or an ESA50 questionnaire? Currently, Atos have some appalling backlogs but if the paperwork's in order they've a fast track system for anyone who's completely without income pending an assessment. Unfortunately, I've a feeling the paperwork isn't in order and their ever unhelpful desk on 08002 888777 are fobbing you off cos they can't work out what's happening either. Your doctor's reception should know whether they're waiting for him/her.

 

If you can clarify what's happened so far, I may have a couple of ideas to nudge Atos along.

 

Housing benefit depends on low income, not being in receipt of other benefits. Have you asked your local authority for a nil income form or, if they don't use them, declared a change of circumstances?

 

Sincerely, Margaret. :panda:

Edited by **Margaret**
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They took me off ESA last Sept, therefore I lost my housing and council tax. I have survived on Child tax credits and child benefit right through cold weather and borrowed for Christmas. Atos says I'm one of at least 2000 people waiting to be seen. I have been waiting 7 months for Atos to assess me. Am I being unreasonable. Anyway I'm in court for rent arrears 2 days before I go into hospital. Hope I get a nice judge, in the meantime I've asked my MP to give Atos a hard nudge, it not a joke anymore.

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They took me off ESA last Sept, therefore I lost my housing and council tax. I have survived on Child tax credits and child benefit right through cold weather and borrowed for Christmas. Atos says I'm one of at least 2000 people waiting to be seen. I have been waiting 7 months for Atos to assess me. Am I being unreasonable. Anyway I'm in court for rent arrears 2 days before I go into hospital. Hope I get a nice judge, in the meantime I've asked my MP to give Atos a hard nudge, it not a joke anymore.

 

we need to know why you were taken off ESA in order to help you.

Edited by honeybee13
Just helping the post make a bit more sense without bothering estellyn. :)

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

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I was on income support until my children turned 15. I was put on jobseeker. I have MS and was transferred to ESA. I dont know why I was taken off ESA, my GP gave me sick notes every 4 weeks.

My GP gave DWP a letter to say I could not travel 20 miles using 3 buses and a train for the medical, so DWP said they would arrange transport, nothing was arranged and now I have lost housing, council tax exemption and money. Yesterday I was told by my housing officer that I would still be liable for court cost if and when ESA start up again.

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So your ESA was stopped due to failure to attend the ATOS assessment, and then you reclaimed? If I were you I would contact your MP as although in these circumstances you can't be paid until assessed, a wait of 7 months from reclaim is unacceptable (assuming you reclaimed in September).

 

Your housing and council tax benefit can be paid you just have to demonstrate to them how you are surviving while waiting for your eSA claim to be sorted. What situation is your HB and cTB claim, is it ended or suspended?

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

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I didn't fail to attend, I contacted Atos with my mobility issues. They were to arrange transport to take me.

First contacted MP in Jan, Atos told him I was in a "loop", he has been trying to help for me, the letter Atos supposed to have sent him went to an address in the sky along with my GP's letter. My GP has never had a letter from Atos.

Yesterday I called my MP, he could not beleive I'm still waiting, he is going to give this matter more wellie.

I have lived on CTC and CB, I've paid my water, gas, electric, other bill and food, I have borrowed money from my parents for Christmas, they help me with food, I forgot to mention I am a single parent with 2 teenage children.

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You may not feel you failed to attend, but was the reason on the letter informing you of ESA ending 'failure to attend'? It is the reason the DWP give that matters, not the reason you feel the ESA stopped. I've never come across aTOS 'arranging transport', they either do a home visit or pay for a taxi.

 

When did your housing benefit stop? You may be able to appeal the decision to stop benefit, giving proof of how you have been supporting yourself. You should also at the same time make a brand new claim with your current income made clear.

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

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I regularly gave my housing offficer an update of my situation, however, Atos never put anything in writing.

I've made a spreadsheet logging the name, date and time of call to Atos, somedays I'm on hold for 59 minutes, I hang up and try, try again, in case I need to show the judge that I have done everything I can to help myself when I attend court next month.

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You also need to appeal the previous Housing benefot and ctb decision - your housing officer should have been informing you of what you needed to do - and the first thing when a HB claim is stopped due to a qualifying benefit ending, is to provide full details of what you are currently living on, if you have informed your housing officer of your situation he should have told you to do this, and if done within one month of your claim ending, you should have continued to be paid housing and council tax benefit. Misadvice by your housing officer is an excellent reason for a late appeal, and also a complaint to your housing provider about your housing officer, especially if poor advice has put your home at risk.

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

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I'm off to the town hall tomorrow, armed with forms, letters receipts, and proof of phone calls to the housing office.

It's gone beyond a joke now. I am going to claim HB on CTC and CH.

The MP's assistant just called to tell me that the letter Atos said they were sending him to update my current status has not arrived, what a surprise.

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