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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Rysoconnor

Medical Assessment and WFI

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Hi,

I have a medical assessment next Tuesday for my ESA claim and a WFI the very next day

Surely this cant be right?

I am just out of a weeks detox for alcohol dependence and signed as unfit for work at present from my GP

I have a support worker coming along with me to my medical and will be taking my meds along with me

I did detox last time at the end of August and managed to get a job but this lasted a week as I found it hard to cope and I ended up drinking before going to work and when I got home.

 

I am also starting to see a counsellor today and will be doing CBT work as well as going to a mindfulness course

therefore, support is ongoing and I still have another 2 weeks before my sick line runs out.

 

I know I will be able to return to work in the near future but my heads not in the right place at present

What do folk think my chances are of qualifying?

and what happens if I don't as I have no other income

thanks

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Hello there.

 

As your query isn't specifically about Atos, I'll move the thread to the main benefits forum where more people should see it.

 

HB


Illegitimi non carborundum

 

 

 

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I'm no expert and hopefully someone more knowledgeable will be along in a bit to clarify but I have a feeling the WFI won't be mandatory as the outcome of your WCA is not known yet and it could only become mandatory if you were placed in the WRAG as a result of your WCA.

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thanks!

I thought it was a bit odd to have a medical assessment one day and a WFI the next

But I shall go along to it and make my feelings perfectly clear!!

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Attendance at the WFI is mandatory. Since you've said you plan to go along anyway this is probably not relevant, but just for reference, you could call them up and ask to reschedule it. Requests like that should be considered on their merits, and if your condition would make it difficult to attend appointments two days in a row, they should take that into account and possibly offer you a different date.

 

WFIs in general should not be too much hassle. They can discuss what plans you may have to return to work in the future, but note that you can't be mandated to apply for or accept work (paid or unpaid, including "Community Work Placement" type things) or to undergo medical treatment.


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Thanks

I'll certainly be going but I'll be making it clear that I'm being treated by a therapist at present and have just completed a detox so work at the moment is not a priority,getting well enough to work is though

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