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    • They wont take you to court. I'm not sure what they'll do about the letters and if they will or wont send you the letters from their retail prevention company, but you can ignore those letters. You'll be just fine don't worry.
    • 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.
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ESA stopped because of craft work (under permitted work)!


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A few months ago I wrote and informed the DWP (and ask for guidance) about doing permitted work.

They seemed very offish with me and I got no real help.

 

They sent me a form to fill in my earnings...well I sold one item for £15 my permitted was/is craft work from home.

I doubt I made £1 profit, but that is not why I do the craft work - it is to help with my MH issues.

 

I sent a letter explaining this and again asking for some clear guide lines.

I heard nothing back until today, when they have told me my ESA has been stopped whilst they investigate my business.

 

What business, I make a few craft items in my spare bedroom, I buy bits and pieces to use from charity shops I have spent pounds and pounds on buying bits, its therapeutic and helps make me go out the house.

 

There is NO business so what am I meant to reply and tell them outside what I already have said/sent.

 

The form they have sent (although a standard form I expect they send to everyone) is crazy, car lease expenses, wages paid to self/spouse/staff.

 

I know they got my letter because I sent it so they had to sign for it, and signed they did.

So why am I being treated like a criminal.

 

I don't know what to do other then send the letter again.

I will not ring them A because of the cost B because I have no record of what was said.

 

If anyone else is thinking of doing some permitted work - don't!

It's going to be scrapped under UC anyway.

 

I just hope I can get my ESA reinstated, I will stop the craft work and decline into myself once more.

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When I was claiming JSA, I got asked why I had listed project manager/administrator amongst my work experience. At the time, I was part of a team working on an open source project for which none of us received any remuneration. Despite protesting that it was only a hobby interest that only occupied an hour or so of my time each week, I was still required to fill in forms to declare my "earnings".

 

After filing a few of these forms, I eventually got a decision from above (before they had centralised the Decision Makers) that it was indeed a hobby and a regular earnings declaration was not required.

 

I would suggest that you go back to the DWP and tell them that the "permitted work" is a hobby endorsed by your CPN and should not be viewed as employment. Fill in the form that the have sent you as best you can. If you can get your CPN on board, ask her for a letter with emphasis on the therapeutic benefits of a hobby.

 

One more suggestion: If you are claiming HB/CTX it would be advisable to contact the council and let them know that ESA is suspended and as a result you are on a nil income.

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Have you spoken to your ESA Jobcoach at your local Jobcentre? They should be able to help you with any paperwork you need to do for your Permitted Work.

 

I do a little self-employed online work from home under the scheme. The form I needed to complete and send to my local BDC was a PW1. My Jobcoach put one in the post to me and I filled it in and returned it to my BDC. Hope that helps.

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Have you spoken to your ESA Jobcoach at your local Jobcentre? They should be able to help you with any paperwork you need to do for your Permitted Work.

 

I do a little self-employed online work from home under the scheme. The form I needed to complete and send to my local BDC was a PW1. My Jobcoach put one in the post to me and I filled it in and returned it to my BDC. Hope that helps.

 

 

That's a good idea - my adviser is lovely and very helpful.

 

Cheers.

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When I was claiming JSA, I got asked why I had listed project manager/administrator amongst my work experience. At the time, I was part of a team working on an open source project for which none of us received any remuneration. Despite protesting that it was only a hobby interest that only occupied an hour or so of my time each week, I was still required to fill in forms to declare my "earnings".

 

After filing a few of these forms, I eventually got a decision from above (before they had centralised the Decision Makers) that it was indeed a hobby and a regular earnings declaration was not required.

 

I would suggest that you go back to the DWP and tell them that the "permitted work" is a hobby endorsed by your CPN and should not be viewed as employment. Fill in the form that the have sent you as best you can. If you can get your CPN on board, ask her for a letter with emphasis on the therapeutic benefits of a hobby.

 

One more suggestion: If you are claiming HB/CTX it would be advisable to contact the council and let them know that ESA is suspended and as a result you are on a nil income.

 

Thanks for that I forgot all about the council.

I have letters from my CPN which state my illness's and the detrimental effect they have on my life, her letters got my PIP refusal overturned so I will ask her once again for help.

 

I find it so wrong that they can ignore my letter explaining it all - to come back to me for more info I would have fully understood - but not this.

I am 58 ( I know that age is no barrier to people who cheat) but I live alone, and do a few crafts to help me stay in contact with the real world.

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Fill in the form putting N/A against anything that is not applicable (even if it is almost everything), and then sign it. Send it with a covering letter stating that your weekly earnings are never above £20 (I assume from what you've said that they aren't). This should get the matter sorted out promptly. Unfortunately it is one of those things where they need to get the signed form back to make the decision. If you have any issues with any of the questions, come back to us and we'll help you out. If you don't send the form back, they'll just send you another one out.

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

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Fill in the form putting N/A against anything that is not applicable (even if it is almost everything), and then sign it. Send it with a covering letter stating that your weekly earnings are never above £20 (I assume from what you've said that they aren't). This should get the matter sorted out promptly. Unfortunately it is one of those things where they need to get the signed form back to make the decision. If you have any issues with any of the questions, come back to us and we'll help you out. If you don't send the form back, they'll just send you another one out.

 

 

Thanks I will send the form back, just in the middle of writing to them again.

No my earnings are not £20 a week more like £20 4 to 6 weeks - and that's not profit

 

I spoke to my old adviser at the JC she said that permitted work depends on who you get on your case, some are great others go to town thinking we are all milking the system.

She made me feel better although she said I have just got to jump through the hoops and do as asked.

She said she will contact them for me and see what is going on.

 

I am not worried that my money will not be reinstated - they can come and camp outside my house for xx amount of months even years, I am doing nothing wrong.

 

What a bummer:)

 

Thanks everyone for the very useful help and advice.

Just hope they hurry up about it

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A few months ago I wrote and informed the DWP (and ask for guidance) about doing permitted work.

They seemed very offish with me and I got no real help.

 

They sent me a form to fill in my earnings...well I sold one item for £15 my permitted was/is craft work from home.

I doubt I made £1 profit, but that is not why I do the craft work - it is to help with my MH issues.

 

I sent a letter explaining this and again asking for some clear guide lines.

I heard nothing back until today, when they have told me my ESA has been stopped whilst they investigate my business.

 

What business, I make a few craft items in my spare bedroom, I buy bits and pieces to use from charity shops I have spent pounds and pounds on buying bits, its therapeutic and helps make me go out the house.

 

There is NO business so what am I meant to reply and tell them outside what I already have said/sent.

 

The form they have sent (although a standard form I expect they send to everyone) is crazy, car lease expenses, wages paid to self/spouse/staff.

 

I know they got my letter because I sent it so they had to sign for it, and signed they did.

So why am I being treated like a criminal.

 

I don't know what to do other then send the letter again.

I will not ring them A because of the cost B because I have no record of what was said.

 

If anyone else is thinking of doing some permitted work - don't!

It's going to be scrapped under UC anyway.

 

I just hope I can get my ESA reinstated, I will stop the craft work and decline into myself once more.

 

Hi Lily,

 

This is our wonderful government for you, ignore the tens of billions lost in tax through big business and go after the public making a tenner.

The only thing I would suggest is that you make it clear that the items you buy from the charity shops are not sold on for profit but are used (fabric etc) as part of your craft items. I say this because one of the criteria they use to determine if you are a business is buying items and reselling to make a profit. You need to make sure they don't think this is the case. If this is what you are doing then you will need to be honest with them.

Your crafts sound like they really help you a lot and that would be a terrible shame if these buggers messed that up for you. Have you thought about still making your creations and giving them to local churches, schools etc to sell on to raise money for the community or children etc? You still get the lift that making your crafts gives you and you help raise much needed funds for your local community.

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That's a good idea - my adviser is lovely and very helpful.

 

Cheers.

 

 

Hopefully they will best placed to help you. Mine's also the DEA at my Jobcentre so he's well versed in this area. Maybe I'm just lucky on that, I'm not sure. Good luck with your endeavours anyhow.

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Hi Lily,

 

This is our wonderful government for you, ignore the tens of billions lost in tax through big business and go after the public making a tenner.

The only thing I would suggest is that you make it clear that the items you buy from the charity shops are not sold on for profit but are used (fabric etc) as part of your craft items. I say this because one of the criteria they use to determine if you are a business is buying items and reselling to make a profit. You need to make sure they don't think this is the case. If this is what you are doing then you will need to be honest with them.

Your crafts sound like they really help you a lot and that would be a terrible shame if these buggers messed that up for you. Have you thought about still making your creations and giving them to local churches, schools etc to sell on to raise money for the community or children etc? You still get the lift that making your crafts gives you and you help raise much needed funds for your local community.

 

I do give some to the charity shops for them to sell and keep what they make - I give some to friends so basically I an not making a dime.

The trouble is I need to get some money back to put back into buying other bits and pieces to keep it sort of self financing, that is all I (when I sell one) that is all the money covers - I am not making any profit.

Anyone looking at my items can see they are worth far more than I ask (in fact they comment on the low price) so it is not about making money/running a business.

 

I cannot expect anyone to really understand how working with the colours and creating something lifts me (especially not the DWP) they think we are all cheating the system.

Even spending time on Ebay looking at craft items is time spent away from thinking about health issues and getting more depressed.

 

I have written my letter, filled in the silly form they sent me - and ee what my adviser comes back with when she has spoken to them, and hope they see sense.

 

Thanks for the lovely reply much appreciated.

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Lily,

 

Do you think you could get a letter from a health professional explaining how therapeutic it is? I get stressed out at work & find chilling & colouring in is a way to just let it go..

 

I feel for you - you have done your best to be honest & keep it all straight. I'm sure they will decide it's therapeutic.

 

Can I suggest you keep a record of all you spend & are paid-,just to show that it's really is a hobby that kind of pays for itself.

 

Hugs xx

Please do not ask me for advice via PM as I will not reply.

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Lily doesn't need to prove it's therapeutic - as long as income is less than £20 a week it is allowed under the rules for as long as she likes, they just need to have the paperwork on file.

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

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Lily doesn't need to prove it's therapeutic - as long as income is less than £20 a week it is allowed under the rules for as long as she likes, they just need to have the paperwork on file.

 

Proof that I need to update my ESA knowledge- it's permitted not thetaputic now!

Please do not ask me for advice via PM as I will not reply.

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Proof that I need to update my ESA knowledge- it's permitted not thetaputic now!

 

Yes, they changed it a little while ago - can't remember when. I know what you mean though things are changing quickly - once UC comes in my knowledge will become pretty useless. I think I may have to shell out on a cpag guide and do some reading :)

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

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Yes, they changed it a little while ago - can't remember when. I know what you mean though things are changing quickly - once UC comes in my knowledge will become pretty useless. I think I may have to shell out on a cpag guide and do some reading :)

 

And if we struggle to keep up with the rules, and we work in the system, then it's no small wonder folks get confused!

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Please do not ask me for advice via PM as I will not reply.

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