Kate987123
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Thanks Antone, the info you've provided is really helpful and very much appreciated. I read this evening that you can't get both CA and ESA but this hasn't been mentioned at all by the ESA people! They're aware that CA is being paid and have still approved the claim but obviously deducted the CA in the way you described. I also read that you can get ESA with a carer's premium if you're a carer but entitled to ESA so perhaps that is the right way to go. Also read that you can claim Income Support if you're a carer on a low income (but not as well as ESA, obviously). The claimant's only income is the £450 monthly and the CA but they live with the person they're caring for. As it's a family member (but not partner), the claimant isn't entitled to housing benefit etc. The person being cared for owns their home and receives a pension so, although the household income is not low, the claimant doesn't actually receive this income and still contributes to housing costs, bills etc. I'm trying to find the income threshold for income-related ESA but haven't come across it yet. Really grateful for the help I've received on this thread thus far, I wish the ESA Department could be as clear
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Hi, Thanks for your reply. It's not my claim but I have advised that all future correspondence be in writing, with proof of postage or sent via Recorded Delivery. A claim has been made and approved for contribution based ESA but the amount they've awarded is less than a pound a week which doesn't sound quite right. There's no other income or benefits apart from the two I mentioned in my first post. Have written to ask for the calculation but nothing back yet.
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Hi all, Really hoping someone can help as endless phone calls and letters have been useless! I'm just trying to find out what the approx. ESA payment would be in these circs... - Eligible for contribution based ESA - Income of £650 per month, comprised of £450 from work pension and £200 carer's allowance. My calculations aren't matching with the DWP so would be v grateful if anyone could shed any light on it. If any other info is required, am happy to provide it. Thank you!
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Hi all, To cut a long story short, I've been living with family for a while as I'm disabled but am trying to get some independence back and would like to try and move out. I'm self employed and work from home but have a relatively low income and think I may be entitled to claim local housing allowance. However, I can't find the income thresholds anywhere online, does anyone have any info on this or can point me in the right direction? I don't receive any other benefits so not really sure how to go about it. Thank you!
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I've taken the official route with Crapquest but got nowhere. Will definately complain to the OFT. I went through an 18 months saga with the FSA regarding another DCA so not scared to try and enforce my rights. Been a little weary with it to be honest but you're right. I've informed them that they should be acting in accordance with the OFT Debt and Mental Health guidelines (LONG story but I was too unwell to work for a short time and that's how I originally got into debt) which they haven't done. Generally it just annoys me but they are doing the same to a lot of vulnerable people which isn't fair or legal. Thanks for all the advice - will look up the OFT complaints procedure tonight and try to put something together.
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Lol, I've sent that prove it letter about 5 times As much as they irritate me the default was registered in 2009, still too late imo, but I think that means it should drop off by 2015 so only 2 more years of dealing with them
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Thanks all, sorry Brigadier and renegadeimp - didn't see your replies earlier, wasn't intentionally ignoring you. The DCA is Capquest and although I used to have an Orange contract, it ended about -5-6 years ago (fully paid up) and I never heard from them again. I got a letter from DCA around 2009-2010, I asked for documentation, they couldn't provide it so said they wouldn't pursue it, then got one from Capquest last year who have failed to provide any info about what the alleged debt is actually. They seem to think because I had an account with Orange I automatically owe the money. Renegadeimp - you're right, I shouldn't have spoken to them on the phone, just sick of them calling despite me sending the template letters, they've been phoning my mother as well so felt like giving them a mouthful. Luckily I wasn't upset on the phone, in fact he got so annoyed he put the phone down Will follow your advice and send the SARs off...just want to put an end to it once and for all.
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I did tell them Orange wouldn't be able to take off their default but they wouldn't have it. So if DCA isn't the original creditor but purchased the debt, does that mean they can't place a default?
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The DCA tried to claimed that Orange should have entered it so it was ok for them to. I haven't tried the ICO yet. Might try and see if the CRA will confirm in writing when the default was registered and who by as as DCA told me that Orange would have to remove it. As if Orange are going be able or bothered to remove a default another company has placed
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If (in the extremely unlikely event) they could prove it or (more likely) they claim a document proves it, I claim it doesn't), and I agree to pay it can I still force them to remove the default? For example, if DCA A claim B owes them £20k and pesters them about it for two years and won't provide any proof or info about it and places a default in 2011, they argue about it and don't actually give B and info about the debt until 2013 then technically the debt is owed but is it fair to place a default if they won't meet their legal obligation to prove it exists? I've said from the outset, please send me the info that proves it and I'll send payment tomorrow. But they never have. I genuinely don't think the debt is exists but if it's proven to (it's a mobile phone contract from about 5-6 years ago but default only placed in last couple of years) then I'm going to be penalised because I didn't pay immediately despite the fact they wouldn't provide proof. I've never tried to evade payment, merely asked what the alleged debt is actually for
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Oh, I didn't send an SAR as the CCA doesn't apply so I stupidly thought an SAR wouldn't be relevant but it would still force them to pass on all the details they have wouldn't it? To be honest, my main issue is the default which I want them to remove. Even if the debt exists (which I genuinely don't believe it does) can they place a default without proving a debt exists? I've contacted the CRA but got nowhere. What concerns me is that they will come up with some disputable document that they claim proves it but doesn't really and I either have to wait for them to take me to court or pay it and get left with the default either way. So frustrating as I've worked really hard to get to the stage where I have only one debt left and now I'm getting my credit file messed around from a debt I've never even been told about!!
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Thank you!!
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Hi all, Sorry for the vague title, not really sure what else to say. I'm a bit at the end of my tether, just got off a 40min phone call from a DCA. I've been dealing with DCAs a long time and know not to talk to them over the phone but they are plaguing me and don't respond to letters etc. I've never actually got upset over it before (and I've dealt with DLC so that's a feat!) but I was literally crying by the end of the call. I've posted about the issue in detail before and had many kind replies which suggested the appropriate course of action but the DCA just don't act within the guidelines, they won't prove the debt exists and won't remove the default. They have phoned family members as well as me (despite me advising them not to in writing and refering OFT Mental Health Guidelines etc). I genuinely think this alleged debt is an administrative error and I've never received proof it actually exists! It's for a relatively small amount so I'd pay it just to get rid of the default but claim they have the right to place a default despite not proving the debt exists. It's been going on over a year and I just don't know how to deal with it anymore. And advice very welcome! Thanks for reading.
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Thanks ims21, will submit an SAR and see what comes back.
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They're alleging the default occured in 2009. What concerns me the most is default on my file. Although I'm technically in the right (I think) in forcing them to prove the debt (which they can't do as it never happened!) I can't get them to remove the default. I've posted in the CRA forum to try and find out if they've breached guidelines because surely they must prove a debt exists before registering a default?
