Thank you for the replys...so it looks like there is nothing we can do. When will she be able to make another claim for ESA, her condition has not worsened, so i dont think she can put a new claim in now? I dont think she will meet the criteria for DLA, care or mobility.

Hello Please can someone give me some advice on what if anything we can do next..... My daughter's ESA has been stopped 2 months ago, reason they said she failed to attend her medical. - She never recieved an appointment to go for a medical. We have been asking for a home visit, as she has not attended in the past, as she cant leave the house when the time comes, but we have always rung up and explained the situation. ESA sent a letter asking why she had not attended - wrote back that she had never recieved the appointment, and filled in the form explaining. ESA then rang asking why not attended - daughter explained again about not knowing - woman said she would get another appointment through. Then she gets a letter from ESA stating she is fit for work and her benefit has stopped. I sent off a letter of appeal, and asked that a decision maker look again at the decision and re-consider. - Waited 4 weeks and she was told on Monday when she rang to enquire, that the decision maker refused to reinstate her benefits. She suffers from anxiety, depression and panic attacks, she is 24, and before becoming ill had worked full time since leaving school. Another of her problems is that she feels she is going to need the toilet if she goes out and that causes her to panic and she gets diahorrea. She has gone from a young person enjoying life to the full, holidays, driving own car, socialising etc, to a withdrawn recluse. Her Dad and i are just devastated seeing her living like this. She does have a supportive GP, and is on medication, he gave her a 3 month sick note when he last saw her which expires in January. They told her to claim JSA, but she is not fit for work at all, she had to come off JSA as she couldnt attend to sign on. So she is left with no money, and they just dont seem to care, luckily she lives at home and we will help her all we can - but we cant afford to support her financially indefinately, what if she was on her own with no support, its not right for vulnerable people to be treated like this, and she was told it may take another 6 months for the appeal to be heard. Please does anyone have any advice on what we can do.

Hi James once again our cases are exactly the same, I too have had same letter from courts, same dates etc. I am presuming that because I have not heard anything from Capquest.... that means the claim is now stayed. And the court letter states that the only action the claimant can take is to apply to a judge for an order lifting the stay!!!!!!! Hopefully we will get any more information as necessary.

Thank you citizenB - I am going to have a very good read.

Hello...Just wanted to say good luck. I too am going through just the same as this, dealing with the same people. I am a little further on with my case though, please have a look at my thread, I too have had some very good guidance and help. I would not have had a clue without it, and i was very very worried (still am really, as it is not over yet).

Hi just checking in to see if any news, I have had a reply from courts (posted on my thread). Just playing the waiting game now......

I have an update.... had a reply from the courts. CASE NUMBER XXXXXX CAPQUEST INVESTMENTS LIMITED - V - MYSELF I acknowledge reciept of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wished to proceed, the claimant must contact the court within 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. I have not yet heard anything from Capquest, so will wait and see what develops.

Thanks again for the above information, I hope you have a nice weekend too.

Hi James How are you getting on, have you submitted your defence yet? I just wanted to say good luck with your case, i have just done my defence online, its quite easy to do. I too went with the one in which you are not 100% certain it is statute barred (I am 99% though), and added the little bit you suggested at the end. So its just wait and see now what the next move will be.

I went for the one which applys if you are not 100% certain debt is statute barred - though i am 99%, though it better to be sure. Thank you so much citizenB for all your guidance, i have submitted my embarrassed defence as you suggested, including the additional part that you advised in James thread. I have printed off the reciept....just hoping i have done it correctly (of course i have i am just doubting myself..!!!!) I am just so grateful for the help i have recieved. Will wait and see what happens next.....

Hello.... I have still not recieved anything at all from them. What do you suggest I do now, the deadline is Monday 5th?

Nothing for me either.

Yes it looks like they have, very worrying..... but i am very interested to see what comes next too. I cant rest until it is sorted, its on my mind all the time.

Thanks again for all your advice... I will keep you updated.

I believe i now have until 5th July (which will be 28 days from date of service = 7th June). Can i submit my embarrassed defence via email or will it have to be a letter? - just wondering how long i will have, if Legal & Collections dont reply. Thanks.

Hi James.. Just checking in on how your fight is going, they have done the same £299 for me and quote - part only of monies owed!!!!!!! I have checked and my letters were recieved on 25th - so need to wait for the reply...

Update. I checked on the Post office Track and Trace... and letter was delivered on 24/6/10 from the Reddich delivery office, no signature though. I have printed a reciept and will keep with my proof of posting as you have advised. So i just wait to see if they reply now ? Thanks again.

Oh I am really sorry this is happening to you, I too have had a similar situation with Marsdens over TV licence. I owed £165, to the court who passed it over to Marsdens, they tried to bully and harass us, and it really did make me ill with it all. But i was determined not to pay the excessive charges the bailiffs wanted £450 for the same debt. We sat it out and eventually the debt was handed back to the courts and we paid the original £165. I too was very worried about what the bailiffs would do, but in our case it all turned out ok. I am sure someone will be along soon to give you some good advice and guidance, i just wanted to give you my experiance. Good luck.

Thank you so much, i will do exactly that.

Update.... Letters sent today - recorded delivery, I will keep the reciept and proof of posting safe. Just need to wait and see now..

Hello Just wanted to say i wish you good luck, keep on with it and ensure that you get treated fairly. I too work compressed hours and have done now for 5 years (I work 37hrs over 4 days - I am always off Friday's), my employer is a large organisation and i have to re-apply for my flexible working each April. It looks like they are not being fair to you, as it wouldnt have any negative affect on the business. Good luck.

Thank you everyone.....letters printed, ready to send now recorded delivery tomorrow.

Hi James, i have read through your thread, very similar situation to me. Good luck with your fight, I honestly am so happy to have recieved the advice and guidance, i was in such a panic, I know it is not over yet, but at least we are giving them a run.

Ok i have tried to do the letters folowing the advice i have recieved, are they acceptable or have i missed out anything? Address 21 June 2010 Dear Sir, Re: Capquest Investments Limited v Mrs XXXXXXXXX - Case No:XXXXXXX CPR 31.14 Request On 9 June 2010 I received the Claim Form in this case issued by you out of the Northampton county court . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment* 3 the default notice* 4 the termination notice* 5 [any other documents mentioned in the Particulars of Claim]* [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully Mrs XXXXXXXXXXX Statute barred letter. Name Address 21 June 2010 Dear HL LEGAL & COLLECTIONS Agreement Number - xxxxxxxxxxxxx You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully My Signature – TYPED not SIGNED

Sorry to be a mither, but just to recap, i am sending the statute barred letter and the CPR31.14, to the solicitors mentioned on claim form. I am presuming that the solicitors are HL LEGAL & COLLECTIONS, as there is only them and the claimant - CAPQUEST INVESTMENTS LTD mentioned. I will be back when i have done the letters. Thanks again to everyone advising me.