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    • I Hope you can hep me please.   I have received a letter of claim from lester aldridge for Intrum uk finance limited    stupidly i didnt realise it was dated 26th October, so I will not be able to reply within 30 days but post!   it was for a halifax cc originaly owned by moorcroft in 2018 then by intrum from 18/7/19.   i sent a CCA request to moorcroft end of 2019 and recieved reply early Jan 2020. acknowleging receipt of CCA and requested files from client. also stated they are not seeking enforcemnet.   received a huge package of statements from 2012  to 2018 with a covering letter saying please see copy of bill/statement/breakdows/agreement   i cant see any terms and conditions or my signature of setting up card agreement etc?   I would greatly appreciate any help you can give me in terms of what choice i have for the PAP letter? do I phone instead to be within the 30 days? or fill it in anyway. If so what option do i select, is it that I dispute the debt etc?   many thanks  
    • Yes they can......its irrelevant if its statute barred or not...because they will get a default judgment but only if you have moved and not informed them of your new address...as your previous known address is deemed good service.   If you have informed them of COD and you have not made payment or acknowledged the debt within a period of 6 years (5 Scotland).....you simply defend on the basis of the claim being statute barred...but you can only do that if you get the claim form and defend in full....hence the need to keep your address up to date on all financial matters.   The statute of limitations can not be extended in any scenario.....but who would know unless you defend the claim.   Andy    
    • sorry didn't mean to come across as demanding...apologies I know that I don't have a CCJ but i was wondering if a DC could bring a CCJ against someone after they had not been in contact for over 6 years, on the basis that the debtor had not told them that they had moved, ie could the DC use that as a reasonable reason to extend the 6 year period? Even if the debtor had not acknowledged the debt or made any payments, for over 6 years. sorry I know what i am trying to say but probably not expressing it very well.
    • yea ok have patience we are volunteers you know.   we call backdoor CCJ's roboclaims. northants bulk issues 750'000 a year - that exactly why it was setup by the court system as no-one checks anything and no humans is ever involved so yes you can get get a CCJ on an SB'd debt if you've not told the debt owner where you now live there are 100's of backdoor CCJ threads here already.
    • OK, so as time is running out ...   Get the CPR off tomorrow with a free Certificate of Posting from the post office.   Get down to the car park, take photos of the signs, try to suss out what they reckon you did wrong.  I see it's a P&D car park so presumably you didn't pay or stayed longer than you paid for (although there seems to be a barrier on exit so how did you get out?!)   Normally we say to check with the council if the car park has planning permission for its signs, but this is a multi-storey car park so presumably they bothered with PP!   Look in the PPC Successes thread at the top of the page, any thread with "claimform" in the tile should have an example of a defence.  Post up a draft of what you propose to send, it needs to be as generic as possible.    The important thing at the moment is filing the defence.  In the longer term, once we get hold of their letters (either through CPR or a SAR if they refuse to reply to the CPR) we can see what other holes to pick in their claim.      
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Does time spent receiving CB ESA count towards waiting period for SMI


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Hello

 

I am in receipt of CB ESA with the support component having been migrated from Incapacity Benefit several years ago.

 

 

I also receive DLA High Rate Mobility and High Rate Care.

 

 

I had no entitlement to Income Related benefits as partner was in full time employment.

 

New scenario

- Partner has to leave employment due to chronic lung condition.

 

 

We ask at Jobcentre how and who should claim.

Were told partner should make separate claim for ESA which he did.

Was placed in support group without a medical.

 

When he asked for housing costs (SMI) to be included,

these were added from 13th week, (this was waiting period at the time).

 

My question is

- When I advised DWP of the change of circumstances (partner leaving employment),

should this have prompted a supersession exercise to establish potential entitlement to Income Related ESA, and the issue of form ESA3 ?

 

If my claim had been made into the joint claim would SMI have been payable straight away or would I be subject to the waiting period.

 

 

In addition to housing costs, several premiums would also be included in the applicable amount.

 

I have raised this query with DWP and have a letter that says if I had made the claim for Income Based ESA, I would still have had to serve the 13 week qualifying period.

 

Having looked online the information I have found suggests this is incorrect.

 

Any thoughts on this would be gratefully received.

Thank you.

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