Don't know why I bother posting anything before the postman arrives. He's just delivered the docs requested from BC and a copy of their AQ. So now the AQ I've looked at is a non-starter. Does this mean I don't have to do the draft direction- I have copies of statements, etc. They have ticked NO for mediation. The letter with the AQ states- "We enclose reproduced copies of the notices served, copy statements together with copies of the original and current agreements relating to your account clarifying your liability in this matter. Please forward your payment proposals to our offices withing the next 10 days, failing which we will pursue through the court for the full outstanding balance plus further costs" So if I clarify the amount of disputed charges, is that what I need to clarify for the AQ? I'm getting a bit befuddled with all this right now. They seem pretty confident that we should roll over now. I've been focussed on getting the docs. Now we have them I'm urgh. Plus we have the names and claim numbers of two other cases which they have kindly included for us. Nice to know Mr ***** and Mr ******** are also being pursued.

I'm a bit frightened by pt's thread about the problem with embarrassed defences and having some difficulty with the AQ. As I am not going the "normal route"- there are no issues as far as I can see with either the agreement or the default notice- but our main points are the charges (and any interest charged on the charges) and the s69 interest. We do want to pay back to Cap1 the rest of the money owed. We aren't trying to shirk the actual debt. We battled repeatedly with Cap1 over the charges throughout the life of the card, taking them to court and getting the charges up to then refunded. Then they whacked on more charges while I was too ill to do anything and my husband was too busy caring for me to do more than say he disputed them. Not the greatest situation. Then they closed the account. What we want from this process is to get the charges (and BC's attempt at s69 interest) removed and the pay back the rest on terms we can afford. Not exactly the most electrifying of objectives but doesn't bother us. With the ED we put in I did put these two points in. It wasn't just a "got no documents". It was charges, s69 not allowed and we can't get the documents to plead fully as far as I managed to cobble together. I hope this doesn't mean we will be stung by their fees. Especially when we have the two letters from BC saying "action on hold" and then "action not on hold but we are waiting for docs from our client" withing a couple of days. I'm now really scared about these costs.

SO back for AQ time. Still no documents from Bryan, so that will be in my draft directions. Going to do my reading this week. I need to include- Vague POC s69 interest added even though not allowed on CC agreements no documents charges included in total I'll read for the next couple of days before I make a start. Does anyone have any other ideas to throw in the BC bucket?

Well done, HadEnough. You deserve your vindication. If only they got an administrative equivalent to a slap for every one of these "assessments" that they get "wrong". There is no real justice.

Jim, I would love to say they will not bother you, but they probably will contact you at some point for some sort of re-assessment. Hopefully someone there will have some common sense with regards to your health conditions, but you won't know until it happens. Sorry not to be more positive for you. I myself am on DLA high rate care/low rate mobility lifetime award, incapacity benefit and have been through assessment in the past. Unfortunately many of us are just waiting to be contacted for re-assessment at some point. Try not to worry too much, we can only deal with what is in front of us.

It is nice that they are providing us with wonderful letters to copy and include. Very helpful.

SO as the claim has not been allocated, do I send a CPR31.15, though they have said they are awaiting documents? I'd love to pull them on this mess of letters this week.

I'm so glad you have welfare rights with you to help. It made such a difference for me. My head is all over the place, so it was good to have someone there who can actually form a coherent sentence, never mind fight my corner.

If they pay us vouchers, how will we pay for utilities or transport? It seems totally mad. And I don't tell anyone now I'm on benefits. Even relatives talk about scroungers and then adding "of course we don't mean you" doesn't make it any better.

February, oh nuts. Just heard about another person locally with MH issues who has been given nil points in the assessment, even though she tried to kill herself a couple of months ago. Her CPN actually went to the assessment with her and the answers on the form are to questions never even asked and bear no relation to the person's real health or issues.

Another day, another (contradictory) letter. In this one, they say they don't have to comply with CPR31.14 request, due to the case probably being allocated to the small claims track. "Further it is the policy of the claimant to issue an agreement at the point of contract and statements periodically throughout the duration of the account so the documents you require to defend the claim have previously been provided to you. In any event we have requested reasonable documentation form our client and will revert to you in due course. We will not be requiring an extension from you or the court. We recommend that you file your defence or request an extension of time to file the same" Letter dated 19th, with a first class stamp on the envelope, arrived today. Can't read the postmark unfortunately. Any spelling mistakes are theirs not mine. So I was right, definitely playing games. Account on hold on the 18th, but not on the 19th according to BC.

Did welfare rights say they will go with you? They were a godsend for me during my appeal and got me sorted with DLA as well.

Do you know what this debt is for? Have you disputed it previously?

I thought not. Lord knows when I'll get the nod that they want to change me over. How did you hear when they were going to be changing people over in your area, RMW?

Remember, you can only deal with what is in front of you. Right now no-one really knows what is going to happen and how it will effect them. We are all worried but until your boyfriend actually gets a letter telling him he has an interview or assessment nothing is going to change. And I am sure that the media etc would be interested in them trying to say that someone with your boyfriend's disability can go out and look for work.

You need to appeal the decision. You might get help from your local Princess Royal Trust for Carers- ours has a welfare rights advisor who helped us greatly to get DLA. This decision has obviously been made in error and you are right to get a copy of the evidence they have relied on. Do you have any consultants/other health workers involved in managing your condition? It might be good to get supporting evidence from them.

Oscar909, you have been some good advice above. We were in a similar situation a couple of years ago. I couldn't take my child to school on foot, can't drive because no car and mental health problems similar to yours by the sound of things. Do you have support from mental health services? We got a care plan from my psychiatrist and a CPN who visits weekly or more often when things get hairy. If you haven't got this you need to ask for it asap. Our CPN got us access to social services and after an assessment of our situation we got help from a local charity. They funded the taxi fare for us while things were at the worst. The main thing is getting the care and support you obviously need. Things are a bit better now for us, not that my health has improved much, but we get better support. Things are very up in the air over the benefits stuff and it is true that those of us who don't "look" disabled often feel like everyone thinks we are the "scroungers" mentioned so often in the media. BUT WE ARE NOT. Our conditions are unstable and the effect on our lives and those around us are severe. Many of us are worried sick and that doesn't help our mental health much either. Just shout if you need anything and I hope you can get something sorted. Access to proper care from your mental health team was the starting point for us. Emma

So does anyone know if they have completely abandoned the rule that those receiving high rate care DLA are exempt from the medical assessments for IB/ESA? Trying to get information on all this stuff seems almost impossible. Of course not for DLA medical assessments.

Being in a family unit with a disabled parent and a disabled child, I find the whole guff being repeated to justify terrifying cuts to the poor and disabled vomit inducing. Literally in the past couple of days. The level of anxiety in our home is huge and we are relatively lucky as we don't need to receive housing benefit. The thought of what it must feel like to have the £26,000 benefits cap and an increase in the cost of social housing is horrific. My husband has pointed one positive outcome of the governments cuts. By the time I get called in for an ATOS "experience" I'll be so ill due to the effects of worry I'll probably have been sectioned. He is such a cheery soul.

There doesn't seem to be any definitive answer as to WHEN any of these changes will occur. Personally I hear the postman at the door each day and expect the worst. But then after the mention of "hit squads" being sent into neighbourhoods to "tackle benefit fraud" over the weekend, I asked my husband how soon it was before we would have to find some kind soul to hide us in their attic while the Gestapo searched the area. Everything is still up in the air as far as dates. They want us to sit and wait quietly until they decide to inform us.

I'm sorry your going through this, HadEnough, and I hope you are able to get to your appeal tomorrow. I went through one myself a few years ago and it was a living hell. By the time I was in the waiting room at the tribunals service I was shaking and crying, completely screwed up inside.. Then the clerk turned up and told us the DWP had overturned their decision when they saw our evidence TWO WEEKS before. They just hadn't bothered telling us. Nice. Have you got your notes/reports from your medical team and your own notes? Go in there and give them hell. You deserve to win.

Nice to come back to this thread after so long away to find SLC are still doing the same old tricks to people. In my own case I am still trying to get my new 3 year deferment sorted. They didn't send me a deferment form until I had requested one three times. It was returned to them (recorded delivery) in June 2010. They tell me they processed it in August and yet I am still getting hassle from Smith Lawson because it hasn't been input correctly. I have successfully taken them to the small claims court before, and I'll do it again if they don't pull their fingers out. Makes me laugh if I have to argue with them about the correct loan numbers again. Last time their solicitor was not too impressed with her clients.

Hi DC, sorry I've not responded sooner. This is what I sent, but you'll need to adapt it to your specifics. CPR 31.14 Request On xxxxxxxx 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 the documents mentioned in your Particulars of Claim: (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.) 1. A photocopy of the signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. The copy should be easily legible. If a copy of a microfiche document is supplied, please confirm whether the original document is still in existence. If it is, then a copy of the ORIGINAL will be required to be produced. If a copy of the original document no longer exists, then you must state this. 2. A true copy of any Default Notice issued, with confirmation of method and proof of posting 3 A true copy of any Termination Notice issues by the claimant. 4. A full breakdown of the amount claimed including any charges, late payment and over limit fees. 5. Any other documents that the Claimant seeks to rely on in court. If a copy of the above documents is to be relied on in court rather than original, a copy of the Notice of Proposal to adduce hearsay evidence is required under s2(1) of the Civil Evidence Act 1995, together with proof of the authenticity of the documents as required under s8(1)(b) of the Act, including, but not limited to: a) A copy of the procedure(s) used for copying, storing and retrieving documents b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original documents c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedures and audit processes comply with the appropriate quality standards. 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 documents 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, I hope you can pick your bits out of that.

Did I ever mention how much I love CAG? When the court papers landed I didn't think I'd be laughing about it a couple of weeks later.

We should have just seen the words "Bryan Carter" and rolled over, begging for mercy.