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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
    • A government-backed firm is looking for new ways to get people to put money aside for a "rainy day". View the full article
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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
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Capability for Work Questionaire - want my up and coming assessment recorded?


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Today the form has arrived.

Was due in January 2016 so i had some peace.

4 years since the last one came and i was left in support group.

 

There doesn't seem much in the way of real sensible questions, some really silly ones that i just despair at. But the sentence that says i can use extra sheets if needed will mean quite a few pages that cover all the important things, the things that really matter.

 

Its a good job i/we have a few weeks to do it, my daughter/carer will be helping.

 

I will need to give this form as one example of things that stress me out and make my illnesses worse, and waiting for the outcome.

 

And sorry...i forgot to ask the thing i came here to ask...... Assuming they will haul me in for questioning, can i get the assessment recorded still? for ESA?

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So far as I know you can still ask for assessments to be recorded, and definitely should.

 

I'm overdue for reassessment by two years, and whilst I appreciate the peace (whilst I deal with the PIP assessment and subsequent complaint!) there's also that sword of damocles and the occasional stray thought as to whether the form has got lost in the post. Plus the panic attack every time there's a brown envelope in the post ...

 

Good luck, and remember that if it's worth saying once it's worth repeating at every opportunity, mention 'risk' and 'danger' as often as possible and if their little tick boxes don't match your circumstances exactly, don't tick one.

RMW

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

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I've added that to your title RB

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you RMW....there have been times when i have wondered if there would be a lost form scenario. I have until 28th march to get it back to them, it will be quite some paperwork for them to read.

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You can still request the interrogation be recorded, I phoned on the morning of mine only to be told the equipment is broken so they'll resend a new appointment.

 

So far so good, nothing in the post.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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My daughter has googled dwp recording esa assessments and it says request it in advance. So it will go on the form they have sent me. It will have to be recorded as i have dreadful memory issues related to one of my illnesses, and i have to be able to know what was or wasn't said etc or my anxiety will be sky high, plus the added anxiety of the whole thing anyway.

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Please remember that no one will read anything you put on the form regarding the assessment, e.g. ground floor needed, and the appointment will be booked through their automatic system so you may need to check that the assessment centre is suitable once you receive an appointment.

Also, no one will have read that you want the assessment recorded so you'll need to check that too.

In fact, it's unlikely that anyone will have read anything on the form other than your name and address until just before the assessment.

RMW

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

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  • 4 weeks later...

So the form has gone off with as much info as we could muster....it says on there to request recording or home visit asap, so that's been put on there too. My daughter has also emailed their customer services, for information about what they actually do with the info/form etc...its been 4 yrs since the last one, i feel sick.

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  • 1 month later...

The customer "services" didn't get back to us re the approx. waiting time....its just over 6 weeks now since they would have received the esa reassessment form. MY daughter hasn't emailed again, feels it could be like a stick poking a hornets nest, best to avoid a possible sting....

 

Apparently its still a thing that each area is different on waiting times...some say that the longer the wait the more likely they are deciding on which group ie support or wrag to put you in, a quicker reply is usually a face to face thing............so basically am none the wiser. Needless to say my anxiety level is not good right now.

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  • 3 weeks later...

I wrote in block capitals at the top and bottom of every page of my last ESA50 I WANT MY ASSESSMENT RECORDED. It was, and I was migrated into support group.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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On my next form, I'm planning to sellotape a piece of paper over my name and address, list of conditions and anything else I think they will probably read saying that if they mess up and send me to a 3rd floor assessment centre 40 miles away with no accessible bus service and no parking again I will sue each and every one of them personally.

 

I'm hoping this means that if they decide I need a face-to-face again it will go straight in the 'home visit' pile and, when they find one willing to be recorded, the doctor allocated will read it properly the day before the appointment and decide that no visit is actually needed. Again.

 

If only they would get the degenerative and incurable thing, we wouldn't keep having to go through this.

RMW

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

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So....today I have had a letter for a face 2 face assessment. No letter re the home visit which the head office told me I would get. The appointment is for next week. I cannot have a recorded assessment as

 

they only do them at 9.00am or 1.00pm and despite an appointment time, you still wait in a queue, similar to GP appointment they said and could involve an hour of more to wait but I would still have to be there at least 10 minutes early for the time of the appointment

 

My daughter is my carer and has to work around the school times for her son. So 9.00 is impossible, and anything after 2.00 is impossible. Given the definite delay and travel times.

 

Help with taxi costs will be available if GP can fax through the details

 

So the appointment for the beginning of next week at 9.15 is now the end of the week at 11.00. They have been advised we will have to be out of there by 1.30 to give plenty of time to get me home and for my

 

daughter to settle me and then do her school pickup.

 

I hope they don't mess me around and make me still wait hours....I cant be left there without my daughter and she cant wait there all day. Stress and anxiety already eating away at me.

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Remind them when you arrive that you have a deadline, and remind them again at 1 minute past your appointment time and again half an hour before your daughter has to leave.

If you're still there when your daughter has to leave, then tell them their time is up and go with her - it's not your fault if they've been given plenty of warning.

RMW

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

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My GP has kindly sent them a fax to confirm I will need a taxi to get me to and from there. This was sent on Friday. So at least that's been done. I wont forget to get a receipt.

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Apparently they organise a taxi.

 

My daughter has emailed them as to what to do etc.

They will ring the day before and advise of the time etc. and I don't need to make any payment.

 

I wonder if they will just use a local (to me) taxi or if they have a particular one they use all the time.

 

My daughter will speak to them tomorrow, I feel so sick and anxious before I even get there.

 

At least they have accepted I cant use public transport or attend on my own even via taxi.

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Hi everyone, I am Ruby's daughter.

 

We are waiting for the completion of the power of attorney registration, but I am already doing it all anyhow.

 

Mum wanted me to come on as me and not write as if I am her, which is what she usually asks me to do.

 

mum had her assessment this morning.

We couldn't attend the centre for the 2 specific times for recorded assessments so it had to be a normal one.

 

They did arrange taxi, when it was 10 mins late I rang them constantly for another 6 or so minutes to get through, apparently traffic issues, any how it was almost 45 mins later before it arrived.

 

Mum was in panic mode.

We got there 15 mins late for her appointment but they knew why as they had the taxi details etc.

 

The assessor seemed a really nice lady, we had been told to expect to be there for an hour to hour and a half and that the assessment was in 2 parts?.....

 

...we have no idea what happened but we were only in the assessment for 20 mins and the lady said it was ended now.

 

I answered most of the questions although mum did participate, but she was in pain, very anxious, and although well mannered as usual she had really had enough.

 

The assessor said we will hear within 5 weeks..............holding breath, praying for the right result.

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I don't want to raise false hopes, but I believe that such a short assessment is usual where it's clear fairly quickly that the support group criteria apply. Fingers crossed for you both.

RMW

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

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That's kind of what I was thinking myself having been digging around online for info.

 

It seems the longer the assessment the more they seem to be looking for proof of criteria.

 

But I am not counting chickens as my nan used to say.

 

Will update when a result is received.

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In my assessment, after the usual list of conditions, prescriptions etc bit,

the assessor went straight to one of the later criteria where she expected me to score 15 points and once she'd confirmed that, it was done.

 

I suppose there's no point dragging it out and wasting their own time if it's cut and dried - the more assessments they do each day the more they get paid apparently.

RMW

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

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She went through the list of medication, then asked about the fibromyalgia, then the bipolar, we didn't get to the arthritis, recurring bursitis, or prolapse, or diabetes, although I don't expect they would be interested in diabetes as such.

 

I left her with a list of medication and illnesses, which I had also put in the original esa50.

 

I did ask at one point before going in if they would be much longer and the receptionist said "shes just looking at your file now and will call you into the office in a few minutes.

 

I don't know why they say to send it in beforehand, only once did mum get a paper decision and that was when they stopped them for a while.

 

I just hope this gets the right result if not they have another fight on their hands.

Edited by dx100uk
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  • 3 weeks later...

Hi everyone. Ruby's daughter here again.

 

Mum got her decision letter today.

 

Am so happy for her as she has been placed again into the support group

 

. She is so relieved.

I had covertly recorded it on my phone in case any errors deliberate or not found their way in to the report. So happy we haven't got the stress of appealing.

 

Mum's next pay day she is going to make a small donation.

 

We have also discussed making small donations every now and then.

 

Every little helps.

Edited by dx100uk
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