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Found 4 results

  1. Just came into my head so personally have not thought of too many. To get a little fitter perhaps, and to get back to the gym as soon as possible to prepare for the summer months, payable daily weekly or monthly of course.Cash. No gym membership, everlasting payouts for me.I go when I feel like it. Now what are yours?
  2. I have got my second assessment for ESA on Thursday, presumably with Maximus this time unless they too have been sacked? I had been away for four months from the flat I've lived in for 21 years and feel a bit panicked to learn of this appointment being so near ( and this time it's due so early in the day that the train fare will be double). This is in part because I am severely stressed out because I already have another concurrent fight on my hands with the local council over its handling of a violent and antisocial neighbour (documented on another subforum here). When I was coerced back to the flats by the council I began to get heart pains of the same kind I'd got when my neighbour threatened me for making complaints. The initial period of pain died down after thirty hours but has begun again. I will go to my GP about this but I'm not happy to be reporting a more or less new health issue within a few days of an assessment, because of how it might be viewed with suspicion. Having had something very like a heart attack at 29 as a side effect of antidepressants I'm seriously concerned about this heart issue, though a visit to A&E last week showed nothing up. I am vividly aware as I type though that something is not right. There is pressure in my heart or a feeling of a knot. It's actual and not merely chemical/ psychological even if aggravated by an emotional state I'm trying to combat with breathing. But I'm more concerned about whether I have the energy for another fight over all this. I am half angry, half exhausted. I believe that if I still allowed myself to risk the involvement of professionals I would have been diagnosed with bipolar disorder by now because of the extremity of the swings but it is some bind when you are utterly exhausted part of the time and full of rage the rest of it. We could say that having been through one of these assessments I know the lie of the land - and it certainly is a lie and not a lay - but I read that for example that some symptoms/sentiments that arise from mental health issues (which I've learned I cannot discuss here, which I accept) which six months ago were cause for assessors and DWP staff to treat an individual with caution, are now indiciators that an indivisual should be pushed firmly towards the workplace, despite an apparent overall impression given in the media that there should have been a moving away from the aggression of these asessments experienced from 2011-2015. I am going to ring to assert that I will be recording my assessment as last year's assessor lied repeatedly in her report, which I was going to use at the tribunal. A leaflet tells me I can use my equipment and that's how it's going to be as I have no reason to trust these people. I was put in the Support Group last year but only short term. I had applied to go to tribunal but this was cancelled without my say-so when the one year Support Group was decided upon. Someone senior in the Dispute Resolutions team actually rang me, and even by coincidence had agreed with a colleague on calling the dogs off on my birthday. I want to ask to speak to him tomorrow or am considering writing a letter to ask for this to be viewed in conjunction with Thursday's assessment. I do not have room for manouevre financially for any ESA cut. I have thirty quid in the bank to last nine days and no savings. I have nothing left to sell because the other business with the council led to me selling everything to pay to keep a roof over my head somewhere safe over the last four months, though I slept outside sometimes too. Last year as I was under attack by the DWP and my neighbour's behaviour at once I developed for the first time in my life a period of binge-drinking. In the second half of my 30s I didn't touch alcohol, and for most of my adult life I could take or leave it and went for weeks without a pint. For several months last year I was losing my memory about three times a week, falling over, having to bin clothes that became scuffed and torn. I was shocked out of it once a friendly waitress saw me staggering around, and then when a stranger approached me who'd guided me home. I'm not ashamed but it's pretty horrifying to be pushed into uncharacteristic behaviour without personal precedent, and I resent this period. I hadn't slipped back into this until Thursday just gone, and hope that was only a blip and not new stresses. Additionally, being angered by this new medical I have decided to stop being a mug over something that happened around twelve years ago. Before the advent of ATOS and the like I had a medical in the same building when I was on SDA. The doctor who did it carried out an act of aborted sexual abuse. I don't know if you can understand but at the time I could hardly believe it, and then felt fearful of rocking the boat due to my need for my benefits. Now though, feeling harrassed and angry I want to go to the police and pursue things. If a celebrity's abuse form forty years ago can be pursued then so can this. I would have no trouble identifying this person because I remember his manner vividly. At present I'm intending to go to the police station on Tuesday, will explain what happened and then ask if there are records of other complaints having been made with reference to the same building. I am not going to back out of this now but I suppose need to prepare myself. There are no doubts in my mind regarding what happened - it was nothing whatsoever to do with the medical and a clear assertion of power. I am absolutely aware that people do worse as one family member suffered horrifically and so did someone I was engaged to, but as this person has or had a position of power which has continuity with the comparatively respectable veneer of Maximus's power I want him dealt with. I will soak up anything helpful anyone wants to say here but at times I feel like walking off the grid altogether nowadays. I have thought of turning myself in to a hospital but fear losing autonomy regarding diet and medication. I spent a weekend in a particular creed's monastery a decade ago and remember they had a 'lay monk' there, a man who basically mucked in but had not adopted the garb, and who seemed to have retreated from comparable aggravation in the regular world. I've considered going there but do not really have the conviction of that creed despite sharing some agreement with it. Sick enough also, despite being aware of what I'd been put through last year several people in my family voted Conservative and didn't hide the fact. Sometimes sitting down with them and acting like they hadn't put a cross in box that could have a very dramatic consequence you do feel that family life has become farcical. Thanks for your time.
  3. Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.
  4. Hi there this is my first time posting here and any advice greatly received. In 2006 I took out a loan from picture financial which was almost certainly the worst mistake of my life! The original loan was for £72K and was taken at a time when almost certainly I should have looked at a debt management plan instead. The debt has now been taken over by Webb Resolutions but I have never had a statement about the loan for at least 4 years although the payment is still collected this month. This morning I called to enquire about a settlement figure and was informed that the amount would be £66K which is only £6K less than we originally borrowed despite paying almost £600/month for the last 7 years. The interest on the loan is now over 9% despite it being just over 5% when we took the loan. I may be in a position to have some funds (nowhere near their settlement figure) to try and pay off the loan but does anyone have any advice about approaching them about a full and final settlement and what to offer. Also would this normally have to be made by someone acting on your behalf. thanks for your help
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