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    • Mental illness and debt:  What are the rules?   There are several laws and codes of practice that affect how banks and other financial organisations might deal with a customer with mental illness.   Equality Act 2010 The Equality Act says that service providers, including creditors, must make 'reasonable adjustments' for those disadvantaged by a disability or 'mental impairment'. Most mental illnesses would be covered by this definition (although substance addiction is not covered). Some creditors might want evidence of mental illness, such as a copy of a letter confirming an appointment, or a copy of a prescription. Examples of possible reasonable adjustments: • Putting specially trained staff onto the case. • Agreeing to make contact via letter rather than phone (if phone calls make the debtor anxious). • Allowing extra time to gather information etc. • Agreeing to delay collection procedures for a short time. If a provider has acted in a discriminatory fashion, the consumer can complain. Examples include: • The creditor refusing to communicate in a way the consumer can deal with (e.g. by talking to someone authorised to call on the consumer's behalf, or insisting on communication via phone call when this increases anxiety). • The creditor sold a product (e.g. a loan or credit card) without fully explaining it or making sure the consumer understood the consequences. Complaining to the bank or debt collection agency itself might be helpful, especially if the Equality Act is mentioned in the letter. Taking it further can be stressful and time consuming, but occasionally necessary. Legal routes could be making a claim against the creditor or by claiming discrimination if the creditor takes legal action about the debt.   The Mental Capacity Act The Mental Capacity Act 2005 deals with what should happen if a person lacks the capacity to make decisions for themselves. This includes financial decisions. If someone borrows money while they didn't have the capacity to properly understand what they were doing - for instance, during a manic episode - the law still sees it as an enforceable contract by default. To have the contract cancelled, it must be shown that the creditor knew or should have known about the reduced mental capacity.   https://www.choose.co.uk/guide/mental-illness-debt-help-rights.html
    • if you mean the CCA sure but yes you must always redact things you put up as we have to abide by data protection and ofcourse you/we are anon anyway    
    • You've suffered reputational damage.  You've also been denied the ability to obtain credit, or have had to obtain credit at a poor rate.         
    • I can scan it and post here if its helpful, should i blank out all personal details?
    • thats very useful to you, not only does it show that all the prescribed terms and conditions which must be contained on the signed agreement are not there , it also shows that there are no associated terms and conditions which are several pages long, must be those at the time of you signing and must contain your details.   so we know if the fleecers produces anything further regarding the cca..its a fake and NOT from the original creditor they've also not produced  the default notice of assignment LLoyds to AK notice of assignment AK to PRA.   not looking good for them. dx
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

ESA50 documents withdrawn - Strange!


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I sent my ESA50 long with doctors letters and specialists letters to Glasgow ASC, Wolverhampton address on the 02 of May....

 

Called centre for health and disability assessments.

They told me as of yesterday 22/05, DWP requested that my file be withdrawn from their services and returned to them...

 

MY nervous are shattered now.

Has anyone got experience of this happening or a possible reason,

Naturally i'm trying to get through to DWP but it's taking me ages.

 

Got my worried now.... Thanks

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ESA income based or contribution based ?

 

Have you had any recent change of circumstances ?

 

What health issue is being assessed ? That might be the reason, if the health situation is serious or there is enough evidence from Doctors to support that you are not going to be fit for any work for a time period, therefore making a face to face assessment not necessary. In that case someone from medical services may have said to ESA that there is enough Doctors information for an ESA decision maker to decide based on the information provided.

 

I have seen similar cases where no face to face assesment is required, as there was enough information from a Doctor on paper.

 

Give ESA a call in the morning and find out.

Edited by dx100uk
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Hi, Thanks for reply.

 

I've been on ESA since 2015. I got an ESA50 start of April and due back for 9th may. They got it exactly on this date.

 

My circumstances from 2015 are literally the same, Nothing has changed.

 

My doctor wrote me an extremely good letter, A long with a few specialists letters that he printed out for me.

 

I just hope this is a positive outcome rather than negative. This entire week it's been someone or another happening.

 

I will call first thing tomorrow, I called today and the agent said your situation isn't serious enough for me to call benefit delivery centre now, And you will get a call back within 48 hours, I suffer from extreme anxiety etc. So keeping someone like me waiting for 48 hours, Is literally torture.

 

Can I just ask, DWP can't close or say one is fit for work based on paper information, Do they need to face to face to at least come to that conclusion?

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Yes I would think that has to be correct that any closure of claim or fitness to work would have to be after face to face.

 

Sounds lke your Doctors information may have been accepted. But ESA will need to confirm.

 

What the agent means is that they are waiting for a decision maker to issue the decision and they cannot escalate at this point.

 

So you will have to wait and see.

Edited by dx100uk
quote

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Rather annoying called ESA and they can't find any information on what I've said and what the health assessment people either.

 

Can the ESA agent directly call my local BDS and find it, Because waiting for a callback is extremely stressing me out! I don't know if im coming or going.

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Well DWP called me and didn't help me one bit. They just said the information was sent back for new information to be considered.

 

Really confused now.

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I know it's hard, combo but you really need to try and park this. Or it will drive you mad. The DWP tend to work at their own speed and you can't change that.

 

I understand all about anxiety but some things you can't change. I would try not to think about it.

 

HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

So I managed to speak to a DWP decision maker on the 4th. They basically told me something different to the people at Centre for health and disability told me. The centre told me that the WCA was withdrawn by DWP thats all they had, DWP told me that it was withdrawn because the assessment centre needs more information. Decision maker couldn't tell me what information was needed or what is going to happen. But just basically to wait. And there is a backlog as well.

 

Stressful.

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