Employment and Support Allowance (ESA)
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ESA and debt

seasidemamaseasidemama Member Posts: 9 Listener
hi I’m on income based ESA (support group) and have a community advice group helping me with debt. 

Bailiffs have asked for :

1.)proof of my ESA - provided
2.)income expenditure form - provided

Now they want 3 months of bank statements from me.

the community advice group says the bailiffs have a right to ask for that, and that they won’t like it if I redact details like my account number and details of payees. I have nothing to hide, I just feel it’s really invasive & want to protect as much of my privacy as I can.

My question is:

Doesnt the ESA letter prove my financial status? It’s income based so the government has already established I am eligible.

also, I have provided a mental health form and letter from my GP.

 The debt has accumulated from a £35 parking fine from my local authority.

Does the LA have a duty of care to reclaim the debt from the bailiffs?

 I am offering to pay the original parking penalty even though I did appeal it on grounds of medical symptoms. My appeal was hand written and late so it’s not straightforward.


its causing a lot of stress and distress. I feel like the community advice group isn’t taking into account my needs in representing me. 

Anything you can help with? 
Many thanks 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I think the reasons they're asking for the bank statements is to see what your expenditure is, rather than proving you're claiming the ESA. A letter stating you're claiming ESA doesn't prove your financial status but bank statements will prove this.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    This is a difficult situation.  Often bailiffs are instructed not to accept arangements and to seek full payment on parking fines.  Perhaps their request is so they can properly understand your situation.  If you are seeking to make an arrangement with them then you could indulge them and provide the statements (although it does feel overzealous) in the hope it may help you in the long run.  You are also perfectly within you rights to ask the LA to call the debt back from the bailiff, this would be at their discretion though. 
    The Benefits Training Co:
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    Michael Chambers
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