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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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i know what you mean and i have witnessed first hand the appalling way they treat claimants, i have told my friend to be careful and always ask me if he is unsure about anything.

ive told him he doesn't have to attend as he on ESA assessment rate and not to be intimidated by the provider.

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As an ESA claimant in the Assessment Phase, joeski's friend has no need to engage with the WPP at all. Oh sure, they will probably attempt to fool him into thinking otherwise, but any decision to sanction must be made by the DWP, not the WPP.

 

is there still a chance though my friend will be sanctioned?

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is there still a chance though my friend will be sanctioned?

 

Not likely, no - he can't be sanctioned for failing to attend a non-mandatory appointment. If the WPP refers him, the DM should reject it.

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Not likely, no - he can't be sanctioned for failing to attend a non-mandatory appointment. If the WPP refers him, the DM should reject it.

 

 

thanks i will tell him to stop worrying about it so much.

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Would it not be better to ask what it's about by email? They might ignore emails but at least he can prove he has taken steps to sort things out.

 

it says on the letter they want an update about he current situation and availability for work.

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it says on the letter they want an update about he current situation and availability for work.

 

I'm with Nystagmite - he's fine to ignore them. But if he wants to write or email. he should tell them that his current situation is that he's an ESA Assessment Phase claimant and that as such, he is not required to participate in the Work Programme. That's all he needs to say. He should say it as politely as possible, yes, but he doesn't owe these guys anything.

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I remember when I was put on ESA a few years ago - they asked me for my sick note, which was valid for one month. DWP & I took this to me July 2nd - August 2nd. WP took it to be July 2nd - July 30th. The 30th was a Monday and I'd been away over the weekend. On the 30th, I received a phone, a few voicemails and text messages to tell me that tomorrow, (August 1st) I had an appointment at 9am.

 

After this and another similar incident, I spoke to my job centre who were in agreement with me and spoke to the WP for me.

 

And then somehow, WP decided I was in WRAG and called me. I don't think they were that happy that I'd declined their offer of "help". According to the letter I had from DWP, I can ask for help; but it's not compulsory.

 

Got job centre involved again, (I got the impression they weren't happy either) and I've not heard anything since.

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ive advised my friend to email them explaining he is on ESA and currently in the process of getting help for his issues, you don't think the WPP put it as JSA on the letter because they know something we don't?

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ive advised my friend to email them explaining he is on ESA and currently in the process of getting help for his issues, you don't think the WPP put it as JSA on the letter because they know something we don't?

 

It's actually more likely that the WPP doesn't know something that you do - that something being the fact that your friend is now on ESA.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Referring to Chapter 5 of the DWP guidance, the provider should have been notified of the change by way of a WP07b. Perhaps a short note to the provider asking if they can read (the WP07b) would be in order.

 

joeski: Paragraph 27 on page 6 may well be of interest:

Mandatory participant moves from JSA to ESA

27. Where you are notified that a mandatory JSA participant has ceased their JSA to claim ESA, they remain attached with you and their participation requirements should be treated as the same as those of a Voluntary ESA participant until the outcome of the Work Capability Assessment (WCA)

On that basis, any appointment letter that uses either JSA or ESA mandation templates would be inappropriate and should be challenged.

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  • 2 weeks later...

my friend emailed the WPP to tell them he wouldn't be attending the appointment which was yesterday because he is on ESA assessment rate, he never received an email or phone call from them back so i guess he'll know in a few days if a DMA referral has been made or not.

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  • 4 months later...

hi everyone,

 

my friend has his assessment with ATOS later this moth just before Christmas and he wants to how long after the assessment will he know if he has been awarded ESA or not?

he also has appointment with his WP provider which is not mandatory unless the rules have changed about mandatory appointment letters and the wording have been changed which i don't think they have. if he was on JSA this would be his last month on the WP and he wants to know even though he came on JSA on ESA will this still be his last month and will he have to go back to the WP if he is not awarded ESA?

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The clock starts ticking from the day he had his first meeting with the Work Programme provider. Changes to his JSA/ESA claim or short periods of employment does not stop the clock. So if he has almost finished the required 104 weeks, his final meeting will be to complete an exit report - He should demand a copy of this for his own record and as proof that the sentence has been served.

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The clock starts ticking from the day he had his first meeting with the Work Programme provider. Changes to his JSA/ESA claim or short periods of employment does not stop the clock. So if he has almost finished the required 104 weeks, his final meeting will be to complete an exit report - He should demand a copy of this for his own record and as proof that the sentence has been served.

 

thanks, he will be relieved to know he is almost done with them. does this mean he should really attend the appointment in a few weeks time as it'll probably be his last even though its not mandatory? also how long will he have to wait for the results of his medical with ATOS and can he appeal he they say he is not eligible for ESA?

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If the final meeting is not mandatory, then he does not have to attend. Until such time as the results from the ATOS assessment comes through, he is still a voluntary participant. As for appealing any adverse decision, others will be able to offer advice along with tips on how to go about it.

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If the final meeting is not mandatory, then he does not have to attend. Until such time as the results from the ATOS assessment comes through, he is still a voluntary participant. As for appealing any adverse decision, others will be able to offer advice along with tips on how to go about it.

 

thanks for your help, i will pass this information on. he suffers from bad anxiety and can get quite depressed sometimes so i think he should be on ESA WRAG as he would like to get back to work. but it is for higher powers to decide and giving ATOS's past record i don't hold out much hope.

also it does not say on the letter its his final appointment on the WP, all it says is 'client to attend appointment' but its not worded in the right way for it to be mandatory.

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My final appointment with Ingeus didn't mention anything about it being 'final' either - I don't think they have a suitable letter template for that (though it's not exactly rocket science to make one is it!).

 

I had the cheeky adviser say 'This is your last chance to get something out of this course before you leave', to which I replied '..and this is your last chance to find me a good job very quickly so I don't have to put in a lengthy, detailed complaint about this whole place'. Took the wind out of him, that did :)

 

...and I did put in a 4-page long complaint too. As has been said, make sure you get your Exit Report when you finish, and more importantly tell them that under NO circumstances are they ever to contact you again now you're done with them, or else you'll class it as harassment and report them. You really need to hammer things home to these people, sadly. Good luck.

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My final appointment with Ingeus didn't mention anything about it being 'final' either - I don't think they have a suitable letter template for that (though it's not exactly rocket science to make one is it!).

 

I had the cheeky adviser say 'This is your last chance to get something out of this course before you leave', to which I replied '..and this is your last chance to find me a good job very quickly so I don't have to put in a lengthy, detailed complaint about this whole place'. Took the wind out of him, that did :)

 

...and I did put in a 4-page long complaint too. As has been said, make sure you get your Exit Report when you finish, and more importantly tell them that under NO circumstances are they ever to contact you again now you're done with them, or else you'll class it as harassment and report them. You really need to hammer things home to these people, sadly. Good luck.

 

from what ive seen of the WP provider my friend is with they seem pretty useless and big headed, the staff seem more interested in getting outcome payments than anything else.

i told my friend to make sure he gets a copy of his exit report but he literaly hasn't been to one appointment there this year so it shouldn't take long to do an exit report with him lol

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my friend wants to know if he can rearrange his ATOS medical for a day when he'll be able to take someone with him and will it affect his assessment rate ESA? i got a job about 8 months so im not up to date with how the benefits system works any more.

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  • 1 month later...

my friend has recently be awarded ESA support group but today he received a letter telling him his last medical certificate is about to expire and to send a new one by a certain date, i was lead to believe if you are awarded ESA you no longer need to provide medical certificates.

does my friend need to get another one or should he just ignore the letter?

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