Absolutely desperate-can ANYONE advise?

emmaface

Hi

*takes deep breath*

My situation is quite complex so I'll try and keep it simple:

In 2007 I lost my job, went on long-term incapacity benefit and DLA for chronic and severe anxiety and depression.

As I was keen to recover and return to work I decided to ease in and improve my chances by studying for a Masters qualification in social work. The DWP agreed that I would be able to keep my incapacity while I did this.

It was later stopped and I had to go to tribunal to have it returned, in the meantime as my Dr would not sign me on as fit for work I was not entitled to claim Jobseekers and thus my only option seemed to be a CDL for completing my course (I should point out this was BEFORE govt cuts, when everyone with a SWQ was walking into jobs straightaway) I got one from Co Op. I was concerned what would happen if I did not find work straight away but was told (and still have an LSC pack which says) that if I were unemployed and claiming JSA or IB I would have the option to defer for a few months to give me breathing space. I would NEVER have taken it out without this reassurance.

Fast forward, I finished my course in July and hadn't managed to find a job, so contacted Co Op-no problem, they said, just fill in our form. Form never arrived, and a payment of £209 was taken out of my ccount- my IB is £216 a fortnight and I'm not getting full housing benefit due to the 52 week student rule, so half my income goes on my rent and the other half on loan payment. I rang again, was sent the form again, took it to the jobcentre to be stamped, made sure it went first class....

Then Saturday my card was refused, they had taken the payment again. I rang to point out that I had sent the form, and was told:

1) They "had not recieved" the form-they will not concede that they may have lost it.

2)Even with the form, IB is not a qulaifying benefit for the deferment but apparently JSA is. This both contradicts the info I was given, the info I have and makes no sense as it would appear to punish people for being ill.

They removed another payment of £209 whih emptied my account to the overdraft limit, I have no benefits payments due til the 18th so am starnded relying on friends to buy food for me. After I had a panic attack and broke down weeping on the phone co op arranged an £100 overdraft extension but this will end when my benefit is paid, meaning essentially I am another £100 down as it will vanish in this hole. The co op say that I cannot default on the loan without immediately being called to court: "it's not one of our usual loans, we just take it back for the goverment." In despair I rang the CDL info line who were also under the impression that IB should qualify for a deferral and have sent me an info pack stating this. I also phoned CAB who said my best option was to default and get a payment plan, but co op say "its the goverment, we can't do payment plans" while Learndirect say "its a bank loan like any other, they must decide."

I am currently penniless, desperate, sick with fear and frankly suicidal. My chances of going back to work anytime soon are going to be shot to hell as I'm getting sicker as well as jobhunting on top of all this with the stress. Can they really take me straight to court? Or if their info says IB=deferral are they bound by that?

I'd really appreciate any advice or info anyone could give me, I'm sitting here sobbing with fright because I need to buy a loaf of bread but this will mean using the overdraft, which will then be gobbled out of my benefit which I will need as it will all be gobbled by the next loan payment......

kerrirobberts

Firstly, don't panic take a great big breathe and pour yourself a cup of tea.

Secondly, is there anyway you can open a basic bank account with a separate bank and get your benefit paid into that so the Co-op don't take your money straight away? I know my bank (HSBC) do one where you don't get any perks or a credit check, but at least you will be able to withdraw money for some food.

I would also say to write to your bank, writing is better than telephone calls as you have it all as evidence.

I have never had a CDL myself, so I'm not sure how defaulting on them works. Someone else will no doubt be able to help there.
If I were you I'd take proof of address, and id to a bank that provides a basic account and then make arrangements for switching your benefits into that.

I hope you get it all sorted *big hugs* xx

turbo.jet

I don't have any experience with your situation but I couldn't read 'n' run when I read your comments about how you are feeling right now.

Please please please know this will ALL get better. Even if it doesn't seem like it now.

While I may not have any advice on the deferral etc, someone who does will be along, it may not be tonight as its late, but they will. You have done the right thing posting on here. If you stick around on the forums it soon becomes addictive and everyone is so helpful and full of support and advice.

Harming yourself is never a solution to anything, its a permanent solution to a short term problem. Without saying too much I have experienced it from the standpont of those left behind and it isn't nice.

Please keep posting to this thread. I, and others, will be so interested to watch your progress with getting this sorted.

Hang in there

kerrirobberts

I've just googled for free food in the UK and come across FareShare, you might be able to find one in your area.

Oldernotwiser

Have you looked at getting agency work with your qualification?

Claiming IB is still listed as being a reason to defer payments.

http://www.co-operativebank.co.uk/cfscombi/pdf/Professional_and_Career_Development_Loan_Terms_and_Conditions.pdf
(para 11)

emmaface

Thanks for the response guys,

Especially for the T&C, its going to be hard for them to argue with their own rules....when I've got up the energy to sort it that is....

I'm hoping to get some agency work but as a social worker you are required to register with the GSCC before you can legally practice, this is a requirement for any position and I'm delayed in getting it as the registration costs £36 and I'm having trouble scraping it together!

Also I apologise if anyone was alarmed-I should probably make it clear that I am receiving support with my mental health and suicidal feelings-I'm being seen frequently by the crisis team and my friends have me checking in regularly...it's just the practical matters I'm stuck on. I read the OFT debt collection guidance and found a couple of things I felt the Co Op didn't do-would anyone know if it's worth pursuing this to try and get them to see reason? I mean if I offer a payment plan can they push straight to court as they're saying?

kerrirobberts

Glad to see you back
Could you post the exact wording on the letter you have received? That might help someone with more knowledge than I know exactly what is being asked. Sometimes we get letters saying "pay in 7 days or we take you to court" when what they actually mean is "pay in 7 days or we send it to debt collection".

emmaface

They didn't send a letter-I rang because I had sent in an official form requesting a deferral which is in the loan conditions, and the money they had taken was for my rent, and I was told over the phone that because they didn't receive my form, my only option was to default on the loan but because it is a government rather than a bank loan, it would proceed directly to court action and the bank have no control over it.

kerrirobberts

http://www.consumeractiongroup.co.uk/forum/showthread.php?118802-Default-Co-Operative-Bank-career-development-loan

I've just found that from a quick google of "default on career development loan straight to court". It suggests that the person at the bottom of the pagee defaulted on their CDL with co-op and it was passed to Wescott which is a debt collection company. I would find it quite unlikely that they didn't follow this process with yourself as well.

DS4215

You could also try CCCS for advice on your situation. As others have said, get a new basic bank account with a different bank and transfer your benefits ASAP.

emmaface

OK, so today I spoke to CCCS, who suggested as has been said here that I move my bank account. Does anyone know if you can set up direct debits/standing orders from a Post Office account? Also because they emptied my account when they took the loan payment I was forced to accept an overdraft and am worried what will happen if I stop paying in-my other debt is a graduate overdraft that spiralled out of hand with charges and interest. The real frustation is that THIS JUST SHOULDN'T BE HAPPENING! I'm debating ringing Co Op with the info Ive found about their T&C's and the OFT guidance on collecting, in the hope of shaming them into giving me the deferral and solving the problem-is this a good idea?