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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Appeal Tribunal, Won without attending tribunal


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A quick run down of my case.

 

August 2012, started claiming ESA IR.

 

Initial WCA appointment March 2013 (Missed due to severe illness), so our ESA was stopped, we appealed citing the reasons and providing proof and the decision to stop the benefit was overturned and our benefit continued.

 

Then it took a good 5 months (Aug 2013) until I actually had my assessment. I was awarded 0 points, the assessor made up lies in the report and said I could do stuff that I was not even asked to do etc etc etc.

 

So we appealed this, I must have put in the worlds biggest appeal papers, about 20 odd pages, braking every single descriptor down and how I believed I should have x amount of points.

 

DWP re-looked at the decision and desided NOT to change the decision, so to tribunal it goes.

 

I have been sending paper work an forms off to the tribunal ever since and actually thought I was getting quite close to my day in court with it being about 8 months since I appealed.

 

Anyway, Yesterday (05/04/2014) I received a letter from DWP and it goes sort of as follows.

 

We have looked again at our decision.

 

You made an appeal againstan ESA decision about being found not to have a limited capability for work, we have looked again at the facts and evidence used to make our decision, as a result we have changed that decision.

 

The revised secision is that you have a limited capability for work-related activity and you will be placed in WRAG.

 

As the decision has been changed in your favour, your appeal will not proceed.

Now, I know I should be happy that I have finally won, but I can't help feeling short changed here, I meet the descriptors for the support group regarding walking 50m etc etc.

 

Now my questions I suppose...

 

a) I am now due to be backdated £26 to week 14 of my claim which is around Dec 2012 until April 2014 (17 months @ £26pw = £1700 give or take) If I appeal the group placing will this put a hold on the backdated payment which can tke upto 6 weeks.

 

That is my main worry as this money really could come in handy right now.

 

b) Would appealing to the support group be cutting my nose of.... I do meet the descriptors to be in the support group!

 

c) Does it look like DWP have re-looked at my case and thought that on balance they would lose at tribunal and have stopped it early??? Or are they trying something on to get me away from the support group which I truely belive I should be in?

 

 

Any advice would be brilliant, and sorry for the long winded post.

 

Dawn

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You can challenge this new decision - mandatory reconsideration first, then appeal. Your ESA will continue on WRAG while you go through this process.

 

 

Remember that the 50 metre descriptor is about mobilising not walking, so you need to consider if you could wheel yourself in manual wheelchair, and if not you need to explain why in your request for reconsideration for the support group.

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

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Re your questions:

 

a) A mandatory reconsideration request and appeal if necessary will not stop the backdated WRAG payments.

 

b) See Estellyn's response above

 

c) They're not conspiring to keep you out of the support group - the DWP simply does not work that way. But you may be correct that, on reviewing your evidence, they felt that they would lose at an appeal.

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Thank you, Estellyn and antone...

 

I think I will take a week or two (One month started Saturday) to decide and maybe seek wiser councel, maybe CAB etc etc, then decide which way to proceed.

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Thank you, Estellyn and antone...

 

I think I will take a week or two (One month started Saturday) to decide and maybe seek wiser councel, maybe CAB etc etc, then decide which way to proceed.

 

 

Getting professional advice is a good idea. With an appeal of this sort you do risk your current award by appealing as the Tribunal can look at the whole award. Of course the other thing to take into account is whether you qualify for income based ESA or contribution based ESA. With contribution based ESA, if you have a partner who works, capital or other income, you may fall foul of the 365 day contribution based ESA limit for WRAG (which doesn't apply to support group) - in this case you might be risking less by appealing. Or if entitled to income based ESA (even if just to top up a contribution based award), a support grouping may qualify you for an additional premium on top of your award, which means you have more to gain.

 

 

Professional advice will assist you weigh up your options and advise you as to whether you have a case and how good your case is, to help you decide.

 

 

Good luck.

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

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  • 3 months later...

Just a little further advice on this please.

 

We decided not to appeal to go from WRAG to SUPPORT.

 

We received the original appeal decision in our favour in APRIL 2014. Now its 28 July 2014 and we still have not had an increase in money, we still have not had any back-dated pay and are still having to send in sick notes.

 

Should we have received back-pay by now? Should our money have increased? and should we have stopped sending in sick notes?

 

over 12 weeks now since DWP changed the decision in our favour

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Have you phoned them and asked what the hold up is?

 

Probably the quickest way to get it sorted is pester power - phone and keep phoning. You could also try involving your MP.

RMW

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

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Have you phoned them and asked what the hold up is?

 

Probably the quickest way to get it sorted is pester power - phone and keep phoning. You could also try involving your MP.

 

 

My MP is George Galloway, so no help there i'm figuring.

 

+ I ring and ring every day with no answer, just in que. I wrote to them 3 weeks ago, they didn't even answer that

Edited by thepalace1
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My MP is George Galloway, so no help there i'm figuring.

 

+ I ring and ring every day with no answer, just in que. I wrote to them 3 weeks ago, they didn't even answer that

 

I have read and been told there is a back log on all the appeals, some people have been waiting 6 months or more.

I am like you, received my notification about being moved into the support group but NO increase in payment as of yet.

I have been told to just wait, it will eventually get sorted.

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I thought I would post this here as I have now managed to get this information.

 

I posted a while back that I was put in the SG, but then some issues came up on a DLA tribunal hearing about my most recent WCA where they stated I had no points for mobility. (this was my first WCA not the 2nd as my DLA hearing was very soon after I had 2nd WCA).

 

I have since got hold of some documentation where I now know that ATOS did give me 0 points but put me in the WRAG due to section 29

However this was overruled by the DM on the basis of the audio recording from my WCA which allowed me to have the SG descriptor for mobility.

I also hit SG for a 2nd reason according to the DM which I prefer not to post here.

 

On this audio recording I explained why a wheelchair wasn't suitable, and what perhaps amusing that this was the result of a lead question from the examiner.

 

So it does seem DM's will listen to audio recordings from WCA's. This was overruled without me asking for a reconsideration, it was on the original decision from my last WCA.

I am still waiting for the report from my first WCA, which was originally WRAG but changed to SG on appeal (DM changed before appeal sent off).

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I thought I would post this here as I have now managed to get this information.

 

I posted a while back that I was put in the SG, but then some issues came up on a DLA tribunal hearing about my most recent WCA where they stated I had no points for mobility. (this was my first WCA not the 2nd as my DLA hearing was very soon after I had 2nd WCA).

 

I have since got hold of some documentation where I now know that ATOS did give me 0 points but put me in the WRAG due to section 29

However this was overruled by the DM on the basis of the audio recording from my WCA which allowed me to have the SG descriptor for mobility.

I also hit SG for a 2nd reason according to the DM which I prefer not to post here.

 

On this audio recording I explained why a wheelchair wasn't suitable, and what perhaps amusing that this was the result of a lead question from the examiner.

 

So it does seem DM's will listen to audio recordings from WCA's. This was overruled without me asking for a reconsideration, it was on the original decision from my last WCA.

I am still waiting for the report from my first WCA, which was originally WRAG but changed to SG on appeal (DM changed before appeal sent off).

 

That's very interesting, thanks for sharing with us. another good reason to have the WCA recorded.

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

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