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  1. Hi, Me and my wife have been on ESA(joint claim) for roughly 4 years, it's been for stress and anxiety which we have both tried to deal with. We've asked doctors for help, and received nothing but referrals which took ages to happen, but eventually both have received medication and various types of therapy. Unfortunately, during these years other problems have also cropped up. I myself suffer from chronic migraines, I get 3-4 a month that completely put me out of action for a day or 2, and have headaches that impair my regular daily function at least 2-3 times a week, which I can just about manage with medication. However, 5-6 times a year I do have 'super migraines' which cause me to black out. I don't pass out, my body carries on, but I don't remember anything and just get little flash backs to remember what I do. Which, as my wife tells me, is always the same. I basically lie on the floor screaming in pain for hours until I end up in hospital for 2-3 days. I've been like this for just over 3 years, stress seems to be a big part of the cause of all these attacks. I'm currently doing some volunteer work 2 days a week at a charity shop, hopefully working towards being assistant manager (job I've done before, and honestly I find it calming more than stressful) but I need to be able to be flexible on my days because the attacks are random so I may need 3 days off when I should be there for 2 of them. Which is why full time work is a definite no right now, obviously though it needs to be 24 hours to be entitled to Working Tax Credits, otherwise we'd not be able to make enough to make sense signing off, the Job Centre have made me turn down 2 jobs for this reason last year My wife does not have the migraine issues, but she does suffer anxiety and stress a lot more than me. She also has asthma, osteoarthritis, and had an operation on her knee which did more harm than good and has left her unable to walk long distances, and really unable to walk small ones either without medication and a lot of bed rest following it. One of the days I work (wednesday) is a day my son is at nursery too, and I chose that day purely so it was a day she could just spend all day in bed without worrying about anything, to make sure she had some pain relief in case we wanted to go to the park for a bit on the Thursday when we're all home. Her anxiety stops her working with people, and even prior to the incident that caused us both to suffer with it more extremely, she was already diagnosed with social anxiety and worked on her own as a key holder cleaner, something she can no longer do because of her knee (no manual labour was the doctors orders) 2 times we've been called to ATOS, both times my wife (main claimant) scored the customary 0 points. 2 times we went to appeal, and 2 times we won (one took 13 months, one took 9). When we received our paper work, we score 21 points for the first failure, and 27 for the second one, almost all were related to mental illness, with a few due to the physical issues my wife now had. last week, we got told ATOS want to see us again on March 1st. My wife is in a state, she does not handle stress well obviously, and she's constantly crying and worried. Not only because of the appointment, but also because of how to deal with it. She's scared of saying certain things because we have a young son (4 Years old in May), and worried that being honest about the amount of help she requires from me, and how much she struggles from time to time might make them think she is unfit as a mother, despite our son being in perfect health. I've tried to calm her on this, but it's not working and she's not booked in to see her therapist again, and is taking tramadol at night (partly for her pain, but also because they knock her out so she can sleep) to get any rest Our biggest worry is the change in how claims are handled now if you appeal, because we don't know the full information on it, we just know that we cant appeal and get ESA back right away (with doctors notes), and that JSA would be the way to go, but it offers lower rates. Our main issue here is that due to stress, anxiety, migraines, issues with mobility, etc. When it comes to leaving the house, we rely on transport, be it public or via taxi. Taxi is usually the option as the bus is quite far from us, and my wifes anxiety causes panic attacks on buses (manages ok if the bus is empty though) but I use the bus if I go out on my own, or preferably I walk. But we do spend quite a bit on public transport, other than that though we have no luxuries. Internet/Phone/TV is a low package, which we only have because it's the main way we keep in touch with friends due to issues with going out. We have no mobile phones, except really old PAYG ones with no credit unless absolutely needed, and we have debts from losing our home when we first had to go on ESA, and the house was sold for less than the value we owed on it. So that is being paid off. At the end of each fortnight, after bills, food and everything else we have little more than about £5-£10 to our name which we use if we need to go somewhere unexpected (trips to hospital as my son has asthma too, and has had a few times when he has needed to go due to trouble breathing) Obviously, if we lose our ESA, and have to go on a lower rate, we're really going to struggle. We already have some bills we're slightly behind on, so have to occasionally shift stuff around to do double payments, but it's really hard. We've gone through debt advice, and how we are now is what's best and what honestly works for us. It's a bit sad that we can't go out nice places (unless a lovely friend or family members takes us and pays for everything), but for the most part we can't really cope with it anyway. So we're ok with that. Our other worry about being switched over to JSA, is our housing benefit and council tax benefit. Sorting these out before took our local DWP office 3 months. Which lead to us nearly being kicked out of the home, because housing agency didn't think we were really entitled to the benefit, we actually had to take a member of their staff to the job centre to get proof that we were and that the DWP offices were being unreasonably slow to respond about it. With the issues we've had before, the two previous (incorrect) assessment fails, the money worries and the stress of switching over we're both really panicked at the moment. Obviously, we're hiding it from our son, trying to be nothing but upbeat when he isn't at nursery, but when he goes bed, or goes to nursery, the curtains drop and we both get back to worrying, I've broken out in a rash and my wife as I mentioned is constantly crying. I'm sorry this has been long winded, not wanted to miss anything out. But we really need some sort of advice on what to do with ATOS, how should we handle an assessment by people who have falsely failed us twice before... what's best for us to do if we do fail? what is the procedure? and how long will be in limbo? It's all stuff we can't answer ourselves, and stuff that's terrifying us right now... perhaps it's silly, but it really is bothering us.
  2. Hi, had bailiff round yesterday giving 24 hours notice. Despite my regular payments direct to the council regarding the outstanding CT arrears. They posted a letter this morning saying attending at 5pm, now I know not to let them in and have emailed both parties regarding discrepencies in their respective amounts. They also posted a notice of seizure of goods for a car that is not mine let alone parked on our street! Dont know where they got it from. Both parties are unwilling to compromise so far and the council have said they will pass my case to the court should the bailiff return empty handed so to speak. They have told me it will be a comittal to prison/means hearing if it gets that far. What can i do? Any help?
  3. Hi I need to come off income support as my husband has secured work - how do I do this ? I will still qualify for my incapacity benefit will all payments stop until paperwork sorted out? I currently have my bills paid directly from benefit will I still be able to do this? I am about to log on now and get my husband to sign off his carers allowance as that seems easy What do I do about changing details in Child Tax Credit to have reductions in payments applied? Can anyone confirm if things detailed below are correct? Please £250 payment as bonus for getting back into work? 1 month run on for SMI payments 1 month run on for council tax? Council tax has been paid up to end of March do I make full payments from there on in or wait for bill? My husband has taken on this position even though its at a childs wage we will, I hope be £5 a week better off?? I need to pay all bills weekly so I can keep my head above water so ideally would like to set up regular payments now before I end up behind or they even ask for £ But with Direct fuel payments i am worried as there is an arrears balance and I dont want them to start court proceedings just because payment not coming from DWP If things don't work out and he doesn't keep the position will there be a big delay in income support being reinstated (especially the SMI part) I need to ideally sort this all out today as my head is working Any advice you may be able to offer would be great OSW
  4. Obviously i'm quite stressed at the moment and would really appreciate some advice if anyone has experience with ESA Tribunals, specifically for social anxiety an depression. I'm going to ask my GP if she can fill out an edited version of the Black Triangle Template (regulations 29 and 35, exceptional circumstances). I'm also going to ask my CBT therapist for a summary of the probelms which my social anxiety causes and an explanation of how my symptoms formed. I just put in an e-mail request for my medical records via FOA and i will also write a submission to accompany my evidence (explanation of my condition and an asertion that the ESA 50 is highly flawed when assessing mental health, hence the exceptional circumstances claim, plus concerns with the ATOS medical assessment which was very brief, questions were misleading, assessor attempted to feed me answers which would harm my case, written report twists my words to the point of falsity, thus i may actually be entitled to 15 points in any case). On this front is there anything else i can do and are the steps i'm taking worthwhile (it really isn't ? With regards to the actual assessment does anybody have an insight or any helpful links concerning the type of questions i might face with regards to an appeal based on social anxiey and depression? My symptoms became much more acute when my self esteem took a massive hit due to developing Crohn's disease and now the two tend to fuel eachother to some extent. My dad will be taking me to the assessment and wants to sit in for support but the thought of this is making me ill. Situations in which my control is diminished cause extensive worry; plus i feel that his presence would affect my ability to concentrate and also lead me to downplay my symptoms. I am however worried that appearing by myself will hurt my case as the ESA guidelines don't take into account people like myself who often do things independently to avoid having to talk to any other person (both during and before/after any event). Would it be allowed for him to be present for a portion of the tribunal (beginning i'm guessing would be best)? If not what would e my best course of action? Finally is there anything else i should know or any other advice that might be useful? Thankyou for any help.
  5. Well recently posted to seek support for an SD served by BW Legal for a large debt and followed all the advice on here and then today another debt letter arrived, this time from Hamptons for an old bank overdraft of circa £1300. The letter threatens CCJ or SD. Phoned Hamptons today to ask what the debt related to ( I know I shouldn't have phoned them, but was a bit annoyed). I challenged the need for them to ask me my DOB for data protection purposes.... Anyway, Is there anything I can do with this overdraft in terms of challenging the amount or do I bite the bullet? Any help would be appreciated.
  6. Hi, I have been on incapacity for a while, for depression and back problems. I have been doing some voluntary work, and tentatively looking for work to get back "out there". Well, I have now been offered a job! I think I am well enough to do it, its not physically demanding so will not affect my back and I think my depression might be less if i had a reason to get up everyday! But how do I get off incapacity benefit? Do I just ring them and say I have a job? And what happens about getting a P45? I will not be financially better off, but I would rather be working and boost my confidence and self esteem. Help!!
  7. hi, I received the following letter today (I don't live at the address it went to, its my parents address where I lived previously. It is for a parking ticket, I received whilst at hospital giving birth! im 99% sure I had my blue disabled badge displayed at the time. This is the only letter I have received and it seems somewhat excessive. I am so scared they will go to my mums tomorrow and she will panic and pay the whole lot. I do know my rights to an extent, ie they cannot gain entry forceably etc and can add fees for a visit and levy but they def not levied.
  8. I have recently (Nov12) been diagnosed with Menieres disease, which consists of head pressure, tinitus, vertigo, Migraine and hearing loss. It is not cureable and likeley to get worse over time resulting in "drop" attacks and deafness. MD is mentioned specifically in the Equality Act 2010. Anyway, I have worked in the same role for 6 years (with the company almost 8 years) and have only had one absence in all that time until February this year, when I collapsed and had a vertigo attack and was off work for 2 days. Then in April, I contracted a flu virus, which combined with the MD knocked me out cold for two weeks, I could not get out of bed without assistance, and I was absent again for 11 days. Work have a new sickness policy that says if you are absent for longer than 10 days you may have a back to work meeting - I was given the impression it was just a formality, my Manager confirmed my reason for absence and said she had no issues with either absence or my performance, in fact, quite the opposite! How wrong I was! The meeting was very formal, I told the HR advisor aout my recent diagnosis of Md and poured my heart out regarding how the recent attack had wiped me out. My words were used aganst me and because I couldnt prove that Flu and MD were "linked" I was issued a verbal improvement notice. My issue is neither my previous record or my recent diagnosis were taken into account. (which it states in the policy, they will be). The Policy states thet if new information is brought to light the metting may be adjourned, and reconvened when further investigations have been made - this did not happen! (My opinion is she had decided before the meeting to issue a warning and was looking for an "in" by asking questions I could not answer. I was very upset and requested an appointment with Occupational Health, to cut a long story short, she backd me 100% and reported that they were very certainly linked and that the flu was bound to vastly intensify my MD symptoms, and that adjustments should be made to take higher levels of absence into account. (I woul like to point out I am not asking for any special provisions, and never have done) Anyway I have put in an appeal with the above reasons and stated that she should have adjourned the meeting when the MD was discussed (as she obviously knew nothing about it) gone away and spoken to OH and reconvened with her judgement. My managers and OH are all very supportive and have asked her to reconsider but her answer is that "I have issued it now, I can't take it back" However I have since been told by a collegue who has had 3 seperate asences this year of over a week each (and 5 last year) - had a stage one meeting today and did not get any warnings/improvement notices!!! He had a bad back and was reffered to OH and put on light duties!!!! I am really angry that I have to go through all this stress and someone who is obviously milking the system is let off scott free! So now I wait for my appeal meeting with her Manager (and best freind) and wondered if anyone had any advice or opinions ...
  9. Hi guys, new starter here. When we moved into our current apartment there was a pre-payment meter already installed but we would like to get rid of it and maybe switch suppliers at the same time. We're with British Gas at moment. However, when I read around forums such as these it makes me wonder if it's actually worth it. I know pre-payment is more expensive but there are so many horror stories around. Energy suppliers taking more than they're supposed too - with the excuse "we're storing up your money for winter" Problems with direct debits Incorrect meter readings taken etc Is it really worth all the hassle?
  10. Ok so I have been on JSA since January this year. However I am due to sign however I have come down with a awful stomach bug and have been vomiting for the last few hours and I know for a fact I wont make it to my appt. My voice has gone because I have been throwing up too much and I can barely speak. I've never missed an apt nor have I had any problems so whats the procedure now. I don't want to attend and end up being sick, plus ive become quite weak and have been sleeping constantly for a whole day. I may even get my mother to phone in because I just can't talk at the moment so hopefully they can relay the info to her and my mother to me so I know what I have to do nxt but can anyone give me a heads up? Will I get my payment later? And can I just call my local office instead of going through the main one which sometimes takes about 45mins to get an answer.
  11. I started a new job back in 2010 and i was on probation with the company for 9 months and i realised i was working more hours thank i was contracted for. This with it being a highly competitive sales environment I was very reluctant and nervous to bring this issue up with my line manager. In fact, during my probationary time, two other employees had failed their probation and were dismissed which made me apprehensive to question this issue. When I had successfully completed my probation and promoted, I raised this issue with my line manager. I was told; that these were the working hours required by me, I was not allowed to start after the required starting time or finish before the required finish time; she was not open to discussion on this matter or was prepared to speak to the Senior Manager. I was worried and scared that I would be seen as a troublemaker if I approached senior management directly. The only other option was to voice my concern with the HR team, but unfortunately there was an incident where a Senior HR Representative was visiting our office for a day and was discussing; in detail, a highly sensitive issue concerning another member of staff from another office. This was information that neither I nor my colleagues should have had any knowledge about and I felt extremely uncomfortable being told this information. I was concerned that if I approached HR with my concerns, my confidentiality might not be maintained and the treatment of this individual also made me question the professionalism of the HR Department and gave me cause to feel threatened by HR’s lack of confidentiality and professionalism. I felt isolated and unsupported about my problem and was unsure with whom this issue could be raised without reflecting badly on my career. I raised my issue via a confidential survey asking; why we were the only division ithat were working longer hours than other staff I hoped that the Chairman’s office would read and possibly investigate these surveys, a phone call did come from the Chairman’s office but nothing else happened with relation to these surveys. There was an option in the satisfaction survey to be named, yet I chose no remain anonymous as I felt the consequences would be too great. I felt the repercussions, if named in the survey i could have been that; I would not have been passed positions to fill and this would have affected my bonus and take home pay. There would be times; when I would go into work early, work through lunch and often stay later than my official working hours. When I calculated the number of hours I had worked unpaid it was quite substantial, this is when I decided that to end my employment and seek a new role with another company I approached my employer by e-mail asking for payment of the additional hours. There response was that; staffs were only required to work 40 hours per week and if I chose to do more hours, then that was up to myself and that I would not be refunded for the additional hours which I had worked. I also contacted the company again to advise them that these were my working hours as stated in my contract, that I did not have the luxury of choosing a 40 hour shift pattern hours as there was no shift pattern in the office, I was working from 8.30am to 6pm Monday to Thursday and 8.30am to 5.30pm on a Friday, so I was actually working an additional 2 hours every week which was not reflected in my wages. I am now at the stage where i am taking them to a tribunal. I have completed my ET1 form and received a date for next week. I offered them a settlement which they have rejected. We have been going back and forth for weeks and the judge has asked me to outline my situation. Does this mean what i am claiming for? My initial claim was for unlawful deductions from pay, can i claim for breach of contract? Acas told me I should have done that 3 months after i started but citizens advice advised its 3 months less 1 day from the date i left my employment. Can someone clarify and give me some advice please? Thanks for taking the time to read this and any help is appreciated.
  12. Hello everybody... I'm a newby on here and would be interested to hear any thoughts on my story... I'll precis it so as not to make it appear like War & Peace! Back in January 2004 I emigrated to NZ leaving behind a couple of debts (like you do!) For quite a while my folks were targeted with letters from creditors and later DCA's chasing payment. (My folks address was registered as my last known UK address and I left no forwarding address in NZ). These letters were simply returned or binned and I believe there were a couple of knocks on my folks door seeking to speak with me. No info was divulged as to my whereabouts and I received no letters at all in New Zealand and no communication was entered into. Eventually letters and callers ceased. Last August (2012) I returned to the UK after over eight years away. I succesfully opened a bank account and was given a credit card which led me to believe that my credit file must have been pretty clear with no CCJs or Defaults showing. Needless to say something must have flagged up because now I have received letters from both Lowell and Red (yes, I know they're the same outfit) demanding settlement of Barclaycard account which was originated back in 1982. I can see from my credit file that Lowells did an un-recorded search in October last year (just after I opened the new bank account) and have finally discovered my present UK address - hence the letters. Funny thing is, Lowells statement says "Opening Balance on 1st October 2008: £XXXX." I'm prepared to communicate with them using the letter templates, but I'm seeking advice as to whether to request the original signed agreement (which will be dated 1982) or whether to claim that this debt is statute barred? And what has this magical date of 2008 got to do with anything? I was happily living in NZ at that time! Any thoughts greatfully received.
  13. Hello, desperate times means desperate measures. I hate asking for help but needs must. We are a couple in our late 50's. I have been sick since 2004, but tried to carry on working until last year when I left my employment as I couldn't see a way of guaranteeing that I could be there evry day. Having never claimed a benefit in our lives I went down to the Jobcentre. Eventually I claimed ESA and sent in my sick note. Everything was fine and we were receiving an income. I then had to go to a medical and a few weeks later my money stopped. Then I got a letter from them telling me that I was not sick enough to be given ESA anymore and should claim JSA instead. That was in August. I then went down to the Jobcentre again and they arranged for me to claim JSA. Eventually my money started again. Then I had a meeting with one of the advisors in October who told me that because I had a sick note they had ruled that I could not be treated as looking for work so my money stopped again. Since mid October we haven't had a penny from anybody. I went to the Jobcentre a few times in November and early December to find out what money we could have. Each time they told me to ring the ESA people which I had done many times. The ESA people have told me that I cannot put in a new claim until at least February 2013 unless I have got worse, which I haven't, or have a new illness, which I haven't. I also put in an appeal which the ESA people told me to, but that was refused in early November as they said that I didn't have any good grounds for making it late - I just didn't understand what I was supposed to do. The ESA woman on the phone had a right go at me for not following the advice in their letter and should have appealed months ago. I told her I had followed their advice and claimed JSA! What do I know about appealing? Is this right that we can't have any more benefit money until next february? We have used all of our bit of savings we had and now there is nothingleft. We have been getting food from the bank, but now they are getting funny as we are going to often. We are having to rely on neighbours for some meals but Chrixtmas dinner will consist of sausage & chips!! I would say that the housing have been brilliant, they sent someone out to see us and sorted that out after it kept stopping. Any help please?
  14. Hello, I am currently on IB and have my esa medical soon. For previous medicals I've taken my husband with me, but his health has deteriorated a lot since my last one. Will it go against me if I arrive pushing his wheelchair? It won't conflict with anything I've put on my form, but they do seem to like to make assumptions. For my second question I need to give you a little background. My husband is seriously ill. Due to his condition he's not supposed to be left alone as he can deteriorate very quickly. Even if I had a miracle cure I couldn't leave him to go out to work. Under the current system, if I was refused IB I could have claimed carer's allowance and Income Support. I know a lot of changes are happening, would I still be able to do this? (My husband gets MRC, HRM. He does need attention during the night but not enough to claim HRC -at least, not yet). Thanks for any help.
  15. Hi there, A couple of huge Confero collection bailiffs knocked on my door today and left a letter saying "Notice of Baliffs Attendance - Magistrates Liability Order for unpaid council tax" and stating that they will return tomorrow at a set time to remove my goods. Do I have to let them in as it is due to council tax? I have mental health issues and have been on incapacity benefit for a few years which was last month switched to contribution based ESA, support group. It seems that due to working in the past my benefits have always been contribution based which means I have to pay council tax, don't get cold weather payments etc. Always bugged me but the fact is I owe the council tax. I just have never been good at remembering to pay bills (recently diagnosed with ADHD, mostly inattention, and reffered for aspergers diagnosis) and being able to deal with paperwork. Even when I was working and had plenty of money coming in I would forget to pay bills. I have a lot of debts now and no disposable income, so its not like I can make any offers to the bailiffs. I had planned on getting a DRO but couldn't get together the £100 needed to do it. I don't have much they can take except my tv, this computer and my sofa. It would be good to know if I have to let them in or not though. Any quick advice to ease my mind would be appreciated.
  16. Got this one today. Details about this number Telephone number: 07770-859935 Owner and address: Details City : Kathdol - India
  17. If an Employer refuses to give details of documentation that's relevent to a case, can an Employment Tribunal issue an "order of discovery" to make them release the information if they think it is relevent?
  18. Has anyone heard about the impending Bedroom Tax for people in receipt of Housing Benefit and living in Social Housing? It is not widely known yet but if you have more bedrooms than the new Welfare Reform Bill says you need, your Housing Benefit will be reduced by 14% for the first bedroom and further reduced for each bedroom after this. If you do not have the child benefit paid to you but share access, residence and custody of your children, this will affect you. Only the parent receiving the child benefit is entitled to full housing benefit. When faced with a shortfall in rent options are: Pay the difference in rent yourself Take in a lodger Move home to a smaller property. THIS ONLY AFFECTS PEOPLE IN SOCIAL HOUSING NOT PRIVATE TENANTS By reducing the Housing benefit of people who already have little or no income, it is forcing them into a situation where they cannot pay their rent and once they fall into arrears, eviction mechanisms automatically kick in. Surely this is discrimination against poor people and separated parents. Forcing them to move home seems to be a form of ethnic cleansing. Clearly it is an attempt to free up much needed family homes but it obviously has not been thought through properly. There are not enough 1 or 2 bedroom homes for people to move into because Housing Associations were previously encouraged to build 3 and 4 bedroom homes to allow families to grow. People living in social housing have often spent money on their home. They have commitments which have often carried connection fees and minimum term contracts etc. Moving home is an expensive (and traumatic) experience - who will cover all of these costs? For parents with shared access who are forced into smaller properties, where are their kids going to sleep? Legal Aid has been dismantled so there is little in the way of legal advice in order to challenge the decision to reduce Housing Benefit. Nevertheless a legal challenge needs to be prepared. This is going to affect a lot of people but there does not appear to be much said about it. Thoughts anyone?
  19. Hi, My partner had a few driving fines from the courts for failing to notify dvla on change of ownership and a parking fine although he wasnt driving and it was no longer our car (he had a knee op the day before as wasn't even able to drive)... We had an arrangement with the court to pay £40 a month but over the jubilee bank holidays I forgot to make payment as we were having to make payments by visa as the court sent a incorrect debit mandate out and have never sent a new one to us. I missed june but paid julys.. We recieved a letter from marstons and the court in the same week ... The letter from the court says... With reference to payment of £40 against your fine account.. There is a warrent against this account currently with marstons for the outstanding amount due. Payment has been credited and marstons have been informed. They will deduct the amount for the outstanding warrent. It does also say that payment to the order itself to HM court will not change the situation and that marstons will continue to enforce it against me to collect their fees once the amount due to the court is paid... And that all future payments should be made to marstons and not the court.. Marstons letter states Fine amount is £315 (not accounting the £40 I have paid this month) Fees £85 Total £400 We are in possession of the fine due to non payment. We are instructed to demand immediate payment in full from you within 7 days or baliffs we attend to levy distress and remove goods resulting in another £215 added to account. No reminders will be issued.. We have contacted marstons to try and set up a direct debit but they were rude on the phone and said that the bailiffs will be coming out to us tomorrow.. My parter suffers from anxiety and is on medication to help control it but this has already worked him up as we are struggling with currently paying and attachment to his earnings for council tax. Marstons told him they want £147 and the balanced to be paid within 4 weeks. We just can't afford that.. Please Help... Thanks Victoria
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