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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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ESA - WEAG help please


fairyfingers
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Helllo I am new here.

 

Will try to be brief a really would appreciate advice before my next scheduled app this Tues if poss. :violin:

 

I was placed on ESA on the work programme almost a year ago ( previously on income support) as i suffer from Social anxiety, depression and incontinence some mobility problems. The first two since 12 yrs old bad enough to get taken out of main stream school and placed in a small tutorial unit of 10, historically small groups of people is all have been able to cope with at best. Didnt leave my house for 7yrs fter a breakdown just over 10 yrs go , still do not go out in public often it is quite an achievement when i do. silly as that may sound.

 

I have wanted to start my own business and been working towards that when well enough, felt the WRAG might be a good thing. Especially as it states

 

'they will discuss things with you, and an activity must be reasonable in your circumstances' :???::sad:

 

I was only seen 3 times by Igneus, due to first advisers sickness and leaving.. After 2 appointments the second one called to sa she was leaving too, making me a new app with another . She then called back to say as i have been with them as long they have to transfer me to another provider called HIT. She explained things would be the same for me with HIT as it was with Ingeus.

 

She sent a letter with new appointment transferring me to HIT which was for 9.30 am, This really surprised me as had arranged my appointments to be outside rush hour for travelling . A friend offered to give me a lift near to HIT as on their way to work, or would have had to call and request a change.

 

I arrived at the HiT office which appears to be two or three main small classrooms and a corridor with fridge kettle and toilet , very compact space for the amount of people, very intimate so sends my stress levels up . Felt quite agitated and panicked really had to struggle with coping strategies not to bolt . A man appeared and ushered me into a class handing me forums he wanted filled out..

 

Now really confused and stressing i went after him trying to explain I have been sent from Ingeus, nobody has discussed me taking part in classroom environments, I was told it would be the same as with Ingeus. He was very dismissive , just asked me to go back to room and fiill the forums in .

 

To cut a very stressful and traumatic story short, I ended up soiling myself twice when their, having to discreetly sit on my plastic carrier bag so not to leave wet patches on chairs, at one point being called into a side room to confirm name and address, had to request keep standing since could not discreetly cover chair in their ( resulting in funny looks form the interviewer, she seemed quite uneasy with me standing, though was the nicest person i spoke to of the staff, could not bring myself to tell her about my incontinence problem ).

 

When back in class two sentences into the induction talk, the tutor had launched bizarrely into a speech about ' MOANING' . Being very loud and dramatic to the point of shouting, it was as though he thought he was on a theater stage belowing forth waiving arms around., really very alarming '

 

' people always MOANING , moaning about this MOANING about that MOANING , MOANING MOANING '

 

Shouting and exaggerating the word over and over, going on to give an example . 'if he was applying for a job he would not expect each future employer to forward his details on to the next if applying to another ( cant imagine anyone would expect that ) he would expect to fill out a new application for each job and not MOAN' :?:

 

I appreciate he had a stressful morning ( mainly by clients not being properly informed and confused trying to get info, like myself, so hardly our fault ). As i said it seemed chaotic for all, but to go accusing people who were obviously really very confused, all looked stressed and nervous .not just me, ( funnily enough i would say i was one of the more able and confident ) , in such a rude and bombastic manner very unprofessional to say the least :!::mad2:

 

Before i could stop myself I was yelling back starting with im not putting up with this ( surprising everyone as well as myself). Am very pleased as managed to remain calm under the circumstances, stunned at how unprofessional things were being handled , really did not want to add to the fiasco for the sake of some of the others, clearly struggling worse than me!

 

My outburst in response to him shouting seemed to calm him down and started waffling, blaming Ingeus then asking us to get down to our work sheets, if wanting to be out by 12.30. Aparentl induction speech over without actually being introduced to anything or one :!:

 

I was so stressed and wound up still in disbelief at the mornings occurrences .Could not focus to read the questions on the worksheet which were thankfully multichoice, so just rushed through ticking random boxes .

 

I refused to sign the HIT forum ( that wants confirmation the meet certain criteria ) Since clearly must have signed one at Ingeus , certainly was not going to make the mistake of signing anything with the DWP ever again, until happy. ( may sound paranoid but its how i really feel now.

 

It was agreed i could come in next week at 10.30, think i am supposed to be getting a letter , but as yet have not received anything. so still clueless about wht is planed for this Tues . Maybe it isnt important but i do not cope well with surprises, like the reassurance of knowing a little of what to expect.

 

I was so stressed and upset by the time I got home, having to travel on the train soiled and unwashed actually felt suicidal that night, have only ever felt that way once before in my almost 50 yrs. It really is frightening to think what effect similar experience will have on more fragile people. Still highly effected almost a week later.( why im up in the middle of night , barley slept since last Tues).

 

I managed to calm down and e mail asking for the managers contact details urgently, ( as felt maybe should talk to him before next app on Tues). They have passed on the request immediately ( i did cc it to my MP ). The manger has responded back being very nice and enquiringly if i am all right, but i have not responded.

 

Don't know what to say ? :!:

 

Do not know what my options are ?

 

Cant think strait to work out what may be best to ask to try and make things more workable ?

 

 

It is also stressful and embarrassing enough with these conditions without having to try and explain them in person to non medical people. Do I even have to explain my medical conditions to them ?

 

. I have trouble talking to my very nice female doc about it, let alone some young male in a dhss place/ agency.And sitting in places soiled without being able to rely on immediate acces to a toilet, then there is travelling home maybe soiled and without proper wash ( must have been between 30/40 people in that building, one toilet ( unless i am mistaken).

 

I was only introduced to the manager briefly so have not formed an opinion on him but unfortunately the two tutors i was assigned to really feel quite horrified at the thought of them being told anything personal about me, certainly nothing that makes me seem vulnerable given that i already felt bullied . If i explained things to him would he have to tell the tutors ?

 

I feel should be lodging a complaint about Ingeus, big difference between one to one sessions that last under half hour max, and have 4 public toilets in a building that never seem to have many clients around , in comparison to being expected to put in a 7 hour day in classroom environment in small busy intimate building .

 

To be frank if i only had social anxiety/ depression to worry about i would find that building extremely challenging and stressful let alone the incontinence issue and practicalities of that in such an environment with showering facilities for washing ( which i would need if there all day). Cant do it, not for a full day, half a day bad enough.

 

If i could travel on trains, and stay anywhere putting in 7 hour working day I would be fit for work. As it goes i cannot even stay at home and put in a 7 hour day focusing on trying to start my own business ( which is in a creative field i love and has actually been a life saver for me over the years ).

 

I have tried to get in touch with my doc she is away and first app i can get is 3rd of March, not that i know she can do anything about it just didnt know what to do /else to talk to. So tired trying to work it all out and read up on esa, wrag. so much stuff to try and make sense of.

 

sorry for waffling , been a right mess since, and with Tues quickly approaching, lost track of what my point of posting is about just hope someone can advise, what is best to do all things considered ?

Edited by fairyfingers
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when is your esa up for renewal? i know the support group can be awarded for

 

 

Support group descriptors

 

 

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.

At least once a week experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing.

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Hi

 

I was put on ESA in July 2013 for 2 yrs.

 

They did ask a lot of questions about how the condition effects me at ATHOS ( and it was well described on m forum)

 

When i was previously on income support when called in for a medical around 5 yrs before, the doc said though the decision did not rest with him he would do his best as obviously understands. Whatever he did worked, was never called in for a medical gain until ATHOS.

 

Maybe they put me in the WRAG group as I said I wanted to work . I actually meant work from home for myself, I know any other kind of work would not be doable.

 

Ingeus were not happy to hear that until they saw what i make, then decided would have a viable business, if could stick with it. Is taking me all my time to focus on that, let alone go to classes and apply for jobs I wont be able to do!

Edited by fairyfingers
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Hi

 

I was put on ESA in July 2013 for 2 yrs.

 

They did ask a lot of questions about how the condition effects me at ATHOS ( and it was well described on m forum)

 

When i was previously on income support when called in for a medical around 5 yrs before, the doc said though the decision did not rest with him he would do his best as obviously understands. Whatever he did worked, was never called in for a medical gain until ATHOS.

 

Maybe they put me in the WRAG group as I said I wanted to work . I actually meant work from home for myself, I know any other kind of work would not be doable.

 

Ingeus were not happy to hear that until they saw what i make, then decided would have a viable business, if could stick with it. Is taking me all my time to focus on that, let alone go to classes and apply for jobs I wont be able to do!

 

When placed in ESA WRAG you can appeal up to 12 months I think is from the date of the decision,which in you case is july 2013 to july 2014.

 

https://www.gov.uk/appeal-benefit

 

Hope this helps...

  • Confused 1

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Thank you,

 

Have just read it,

 

I can apply up to 13 months after decision if one of a few criteria match, one of which is coping with bereavement.

 

My younger brother and only sibling passed way suddenly 2 yrs go in May, so was very traumatic . ATHOS was told this at my assessment, and is in my application forum so should not have much trouble in proving without death certs, tho will provide them anyway.

Edited by fairyfingers
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In the meantime do not return to this place. Inform Ingeus, the jobcentre and the HIT provider as to your reasons. Hopefully common sense will prevail somewhere along the line.

 

Perhaps call each of them and ask for an e-mail address if explaining on the phone would be too difficult. If a sanction is raised for non-compliance it will go to a decision maker. Your reasons will almost certainly suffice, especially as you should have some evidence from your GP as well as the esa award.

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Thank you :)

 

Feel a bit calmer and more focused with the advice,

 

I am going to write to the manger of HIT tonight, informing them that I will not be coming in and why.

 

Will be lodging complaint to Ingeus and contacting the job center.

 

Am going to appeal to get put into the support group, WRAG appears do able on paper if the system worked as it should, but in reality......

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