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    • Standard form being sent to large numbers of claimants. Just answer as the form asks.  No need to  go into any detail, unless the forms asks for specific details of how health impacts on daily activities. If you are worried contact Citizens Advice as they are experts with PIP, as they are trained to understand what evidence is required for assessments.
    • Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
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anttreas Vs first Direct


anttreas
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I would pay off any overdraft with the money you receive and this will make it more difficult to justify closing the account.

 

It would be interesting to publise this type of action by banks especially if they lose at Court! Would sound like a penalty or punishment?

 

Maybe not going over limit again would be best bet though (I know it's difficult :rolleyes: ).

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Sorry, I'm behind with posts here.

 

They want to close you down? Fine. They then become a creditor like any other, and in fact, lower than a lot of others, as it's a non essential.

 

So what you do is, you write to them. And you offer to repay x pounds per week/month until debt is paid off. You enclose a 1st pament to that effect in letter. You insist that they freeze interest and do not apply further charges until such time debt is paid off.

 

Work out a payment which doesn't leave you struggling to meet your other commitments. In the list of people to pay off, they are now quite low in priority.

 

They won't like it. So what you do is point out that if they are not happy, they can of course take you to court and ask a judge to enforce the debt, but that a judge may well give them even lower payments, and not even award them their costs, since you have made a reasonable offer and they're the ones who decided to go to court all the same, despite the fact that it was their petty retaliation that caused you the harship in the first place!

 

Go on. You might be surprised. You see, they have a duty to mitigate too so as to stay out of court... And they already know what I explained to you, and the vast majority would rather have a debt repaid bit at the time than take it to court, with absolutely no guarantee they'll come out of it any better off.

 

PS: I have merged this with yur previous FD thread, since still part of the same thing, although your claim was settled.

 

.

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I have just registered and am going to First Direct for refund, I am having problems finding how to start, where to find sample letters and the procedure to follow,

 

where did you find it please

 

roger

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hi

i have only just start too. I found the FAQ very helpful and the library offers lots of templates to use.

 

I have now received my bank statements and FD have taken £3158.00 in charges - it was no wonder i could never get straight. At the moment I am about to send the next letter requested the money back. But FD have now closed my account because I refused to pay the £500 worth of charges that are outstanding. This has now been sent to a collection company, do I start paying these or do I wait? I would be glad of anyones opinion on this thanks

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If they £500 relate to the "illegal" charges you are trying to recover, then they will just be able to offset these against your refund, they would not be able to get CC judgement whilst you have a valid counter claim.

 

Did they charge you for your statements ?

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no - they came free surprise suprise!!.

 

Due to the amount of charges on my account I stopped my wage going in. I explained this on the phone and they responded with a tough luck attitude. Since January 06 they have been charging me since. When i phoned them again with regards to the excesive charges on my account they were very vague about what they where for. I explained that I was aware of their unlaw charges. Not long after they closed the account - making it a 'pay-into' account only nice

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Thanks for the info , I have now found the letters etc, one more thing on the statements, did you request just copies back from the day you opened the account ? or just details of the charges they have levied

 

Thanks again

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i just requested statements for the last six years.

 

It cannot be emphasised enough... You should not request statements... If you follow the template you will see that it requests your personal information (including charges) which you are happy to have in statement form. If you request copy statements they can charge you for them (up to £5/sheet if not more) whereas if they provide you personal information, possibly in the form of copy statements they can only charge a maximum of £10...

 

did you request just copies back from the day you opened the account ? or just details of the charges they have levied

 

IMO It may be better to ask for details from the opening of the account although they may come back and state that they only have the last 6 years info... (Please see the various threads regarding limitation...)

If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.:D

 

DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.co.uk/forum/showthread.php?p=52854

 

As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.

Seek advice of a qualified, insured, professional if you have any doubts.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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