Well folks................I managed to get my 1st Appeal delayed by an extra month. However, it went ahead eventually. I didn't bother going because I knew it was a waste of time. Fortunately I dragged it out so long that I was back in work the week before they booted me off it. Overall from the date of the WCA I managed to squeeeze another 4 months out of them, enough time for me to get things going again.


I assume as 44,000 people have now viewed this thread the DWP are now receiving a large volume of appeals.

Keep it up everyone, the system is rotten to the core so fight it !!

Hi,


I'm currently in an IVA. I'm just about able to afford my payments. I own 45% of a house, mortgaged. I am in full time employment and earn a decent salary. I live with my ex-wife, who contributes nothing to the IVA and minimally to the house, she pays the gas, water and elec.

Last year, I was involved in a car accident. long story short, i took out my insurance but put my ex-wifes name on it. they've finally sent me the bill, and its large (£10k)

I've approached my creditors to sell the house, initially my offer was turned down. I increased it a little bit and they tentatively  agreed to it. they want to see how much i'll get for it and then make their final decision.

With the accident i need to pay back, i won't be able to afford my iva payments. well, i could, and i'm going to try, but it's going to be an absolute ridiculous amount i'll be paying towards huge debt.

What i'm trying to determine, is whether, if i file for bankruptcy:
                 1: will i definitely lose my house?
                 2: is there any way i can keep it, other than the iva?
                 3: how long does this normally take?
                 4: if i file for bankruptcy, will that cover the accident? can that be added to the bankruptcy? or will i still need to pay that?
             
I'll try to meet my payments, or sell the house. i'm trying to be responsible and pay my debt. but sometimes, things just don't work out they way you plan.


any ideas or info will be most appreciated.

Here's an update regarding Appeal waiting times for the Glasgow Tribunal Service. My Appeal date was set for 10 weeks after it was received by them. I expected it to be at least a month or 2 more than this. Clearly the number of appeals they are receiving has gone down significantly since the Mandatory Reconsideration was introduced, which of course was why it was introduced. Previously you could appeal as soon as a WCA deemed you fit for work. What's happening now of course is after the WCA, many people do not know how to go through this Mandatory Reconsideration process and I'm sure a large number of people just give up and don't bother appealing at all. Once again, that's exactly what the Govt hoped would happen. If an appeal can be arranged in a city the size of Glasgow within 10 weeks it clearly shows not enough people are appealing.
 
I was booted off ESA by a comedian who sat typing continuously at speed into a laptop, asking me questions while he did it but hardly lifting his eyes to look at me. The speed he went through it at also made it obvious he was on commission, based on how many people he could boot off ESA in a day. However, as described above, I went through the Mandatory Reconsideration process and my ESA was re-instated pending an appeal date. If you are in the same situation I was after a WCA, just follow exactly what I have advised to do in this thread and your ESA will be re-instated.


As over 12,000 people have now read this thread, I hope a huge number of you are appealing against this discriminatory disgraceful system.

Hello,  I am new to this site and need help on the following – I know it is not legal advice just educated opinions, but any  help would be great:
It refers to a disputed credit card debt that was defaulted back in January 2012 (over 6 years ago).  In September 2014 the debt was sold on to a debt collection company.  I wrote to the debt collection company back then which included the following paragraph:
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.
I have continuously asked for proof of debt between then and now.  They have sent me information,  but has does not included all of the information I have asked for.
They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) in italics above is acknowledgement of debt.  They have basically said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay.  This is not what I wrote means and I think they are trying to mislead me.  I basically meant that if they provide sufficient evidence – but what they have provided is insufficient in my view and this has never be put before a judge to decide.
Are they right or is this now statute barred?  I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated.  As I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.
Thank you

A further update in relation to the above. I followed the process the way I've described. The Mandatory Reconsideration Decision took about 3 weeks and of course it stated that the original decision stands, what a shock that was . Totally predictable. I submitted an Appeal to the Tribunal Service the same day by recorded delivery. A letter came back from them within a week acknowledging the Appeal request. I then sent a copy of that to the DWP requesting my ESA be re-instated immediately including any arrears due, pending Appeal. The DWP then re-instated my ESA at Assessment Rate within a week or so which will stay in place until the Appeal takes place. Remember, when they boot you off ESA after the Work Capabiity Assessment try and avoid claiming Universal Credit because if you do, you cannot get back on ESA.


So to summarise......how to beat the despicable DWP tactics:


1. Throughout all of this you must continue sending continuous GP lines to DWP ESA, even when you are booted off ESA and even if you are claiming contribution based Jobseeker's Allowance. Do not stop submitting GP lines after your WCA says you are fit for work!


2. As soon as you are informed you have been found fit to work after a WCA, request a Mandatory Reconsideration of Decision by recorded delivery mail and keep a copy of the letter.

3. When that comes back saying the original decision stands (which it almost certainly will), send an Appeal to the Tribunal Service by recorded delivery mail and keep a copy of the letter.


4. When the Tribunal service acknowledge your Appeal request, send a copy to the DWP with a letter by recorded delivery mail, requesting your ESA be re-instated immediately along with any arrears due pending Appeal.


5. Wait a few days then if DWP have not contacted you or re-instated your ESA, phone them to give them the polite hurry-up.


As over 5000 people have read this thread already it's clearly a major issue for thousands of people, so follow what I have described carefully and your ESA will be re-instated until your Tribunal Appeal. The real reason Mandatory Reconsiderations were introduced by this rotten Government, was to get people off ESA and hope they either wouldn't know they could Appeal or how and when to do it, so use this thread to defeat their despicable underhand tactics.


I'll be happy to answer any questions here or in a private message.




Please note: my comments are based only on my own experiences of debt and the benefits system, it is always best to contact a professional debt adviser/Citizen's Advice etc for advice.