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    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA Support Group: When will I receive any money?


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Hi everyone, new to this so I hope someone can give me some advice. I had to leave work in 2002, and received Incapacity Benefit and IS. I had two assessments in 2004 and again in 2009, where I scored just under the required 15 points and so "fit for work". I had both decisions overturned on appeal.

 

In July 2013 they sent me the dreaded letter about migration to ESA, and I was sent for a F2F assessment in November

 

Because of my previous experiences with assessments, I had asked for this one to be recorded, but despite this, I was notified a week before christmas, that I had scored ZERO points. I immediately asked for a reconsideration, was given 6 different lots of advice from the DWP phonelines ( never spoke to the same place twice despite calling the same number) and Incap Ben stopped on 2nd January. When I eventually got the copy of the HCP's report in January I could not believe his assessment, it was made up totally of lies and assumptions, and had focused entirely on my physical issues, ignoring my severe depression and OCD. I was so pleased I had the copies of the recording made.

 

I had been told they had a minimum of 14 days but no upper limit of the time it would take to reconsider the decision, and the only way I could get ANY money would be to claim JSA.

 

Anyway, last Monday I went to Jobcentre to claim JSA (under sufference), made my claim. When I arrived home guess what? A letter from Chesterfield stating they had overturned the original decision and I was in the Support Group for 12 months only

 

Sorry to be long winded, my question is : How long do you normally have to wait for the new award to be put into payment, as I am now desperate for money for Direct Debits etc. I am terrified that because I signed on, they are going to change their decision to put me into the SG for ESA. Can this happen?

 

Any advice would be appreciated

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you usually have to wait a minimum of 6 weeks to get back pay for money owed to you from the job-centre i know people who have waited 3 months for there's though id call them up in the morning to make sure you will be getting your esa now instead of jsa

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You may also need to close your JSA claim first as having claims for two benefits open at the same time seems to cause the whole system to go into meltdown.

 

Your best bet is pester power. Keep phoning and keep on at them until you do get a payment.

RMW

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

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Thank you both for replying, I notified the Jobcentre where I claimed JSA the same day, so assumed (perhaps wrongly on my part) that the claim for JSA would be cancelled, but I will take your advice and phone the number on my letter about my ESA. I am just so scared that they would change their reconsideration decision.

 

The whole system now seems to be in meltdown since IDS and his cronies got their hands on it, and I wouldn't put anything past this Government to make us wait for as long as possible for money due. I live alone and this is just adding extra distress, not knowing when I would get any benefit and be able to pay rent etc

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You may also need to close your JSA claim first as having claims for two benefits open at the same time seems to cause the whole system to go into meltdown.

 

Your best bet is pester power. Keep phoning and keep on at them until you do get a payment.

 

Yes - the JSAPS payment system (which processes both JSA and ESA) will not allow simultaneous claims to both benefits. It's not really "meltdown" as such - this behaviour is by design - but it can cause delays for people switching from one benefit to the other.

 

So yes, the JSA claim needs to be closed first, and then a new ESA claim must be built from scratch or payments will need to be issued clerically as closed ESA claims can't be reopened on JSAPS. That's not intentional behaviour, it's a cock-up. I agree that pester power is the best approach, and it may also be worth requesting a Short Term Benefit Advance if things get desperate. Call centre and processing staff are not supposed to tell claimants that STBA is available - you need to ask.

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Thanks for the advice Antone, spoke to the DWP again this morning, the award has been received showing the reconsideration to ESA (SG), but they say that the Short Term Benefit Advance isn't applicable to me as its a migration from Incap Ben, apparently it only applies to new claims?. Is this right?, to be honest i have lost all faith in what I'm being told by these DWP phone lines as they know we can't really prove who told us what, I always ask for the name of the person I speak to, but they only ever give out a first name, and TBH, how many Janes or Sues etc work for the DWP throughout the country. I was told I could claim a crisis payment from the local council, but again I don't know how true that is. Looks like a visit to the council is in order.

 

Fortunately I've also contacted a couple of my payees and explained the situation and that I probabley won't have the funds in my account to cover February's payments, and they've agreed to me suspending these and advise if there is a longer delay, so that's a help, but will keep on at DWP until I get the money due to me!

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