Jump to content


  • Tweets

  • Posts

    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ESA Medical


jacbrass
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4896 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

i have been off work since June with back pain (REAL I SWEAR) i usually work full time in a busy optitions and am used to be running around all day this back prob has come out of nowhere :Cry: i have been on esa since end dec and have to go for the medical on the 13th march and after reading your forums i am really worried what happens if i get turned down (this seems to be the normal outcome) does that mean i will have no money coming in ? my job is still being kept open at the moment and i have physio 2 x a week and seeing ortho team next week too any advice on both the actual edical and the likely outcome would be greatly appreciated

thanks

jacquie

Link to post
Share on other sites

It is true that a large number of people "fail" the medical, that is, are found not to be entitled to ESA. I have never claimed ESA, I am an ESA processor, so I can't tell you anything about what the actual medical is like. Nor can I tell you if you're likely to pass, so please don't take the rest of this post as an indication that I think you'll have problems - I have no idea. If you pass you'll get more money (from the 92nd day of your claim) and all will be well, so I'm really just providing these comments so that, should the worst happen and you don't pass the medical, you have some idea what to do next.

 

You have the right to appeal the decision if you do fail, and if it is your view that the decision is wrong, appealing the decision is what you should do. You can ask for form GL24, the appeal form, or you can simply write a letter to your Benefit Delivery Centre. If you write a letter, be sure to state in it that you wish to appeal, specify what decision you are appealing, and give your reasons. Something like:

 

"I wish to appeal against your recent decision to disallow my ESA, communicated to me in your letter dated dd/mm/yyyy. I believe this decision to be wrong because..."

 

and be sure to sign the letter.

 

When your appeal is received you will be entitled to ESA at the basic (assessment phase) rate until the independent tribunal reaches a decision. Your payments may be interrupted for a couple of weeks, but provided you continue to submit medical certificates, you will be paid ESA. The Tribunals Service should contact you with more information about how their processes work, but you do have the right, if you wish, to appear in person at the tribunal to state your case. Most of the anecdotes I hear suggest that appearing in person is a very good idea.

 

Hopefully all will go well for you on the 13th March, and you can ignore everything I've written. But it's always best to be prepared.

  • Haha 1

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

The most important thing is not to worry about your medical. Just go along, be honest, be sociable and don't be surprised if you score null points. If you score any points at all look at it as an amazing success. You may of course pass, I am deliberately going through the pessimistic view.

I think what I'm trying to say, is that if you don't initially succeed, don't take it personally.

The ethos behind ESA, in my view, is laudable. Those who are able to work to be helped to do so. Unfortunately it's ended up as a horse designed by a committee and the result is a camel.

The last thing your medical will be is a, er, medical. It's an assessment as to what you are capable of doing. The Doctor / Nurse that conducts it will be restricted by a computerised questionairre from which they cannot veer. If you say something that does not fit the bill it will be ignored.

Being medically qualified they can, of course, ask you to touch your toes, put your hand above your head, stick your tongue out and say 'ah'. But that's about as scientific as it gets.

The room that mine was held in was clearly shared by many. As hygenic as the average broom cupboard and devoid of any trappings associated with your local surgery. This is health assessment 1940s style.

The single biggest flaw in the system is, as usual, glaringly obvious. In order to assess what you are capable of doing we should first assess what you are not capable of doing. Never before have I seen a one-sided coin. Your professionally assessed medical history will be deemed irrelevant.

I truly hope you pass, just don't be surprised if you don't.

We can't really blame ATOS. They won the contract fair and square. Clearly they were the lowest bidder. By far. They can, however, only report back the data they have been instructed to collect. The decision itself will be made by the DWP Decision Makers. These are the fools who bought the camel in the first place thinking it was a horse.

The only 'good' news is that - if you have to appeal - ESA continues at the assessment rate for the duration. Average wait 9 months.

Best wishes.

Rae.

 

[Pssst! wanna buy a horse???? ;) ]

Edited by RaeUK
type o
Link to post
Share on other sites

ooh lol i could'nt get on a horse let alone a camel ha well i can stick my tongue out and lift my hand the toe touching will not happen tho :( cos my leg is affected i need a stick and usually land up nearly bent in half by the end of the day so i expect i will fail !! thanks so much for your advice i have always worked so first experience of the benefit system and it is unbelievable i am having to go to interviews at a county training place and have had a pathway interview (within 3 weeks of claiming) and have to explain that i do actually have a job but i am physically unable to do it at the moment but hopefully they will sort it eventually and i will be back to normal. It amazes me that i know of umpteen people who have never worked through choice not illness physical or mental and they just carry on without all these various interviews ect !! Dont figure !!

thanks again for your advice

xx

Link to post
Share on other sites

Hi there jacbrass. I agree with everything Antone and Kelcou have told you. I would take the pessimistic view, having failed my Atos assessment. The tribunal service is much more fair and will take your word about your problems, also independent medical opinion, if you have it in writing. Do you have a blue badge, for example, as other proof?

 

As Antone says, it's much better if you can attend to tribunal if you go that far, so they can see how you look and of course, you have your say. We won, so I know the system works.

 

If you're sent to see Atos, as others have said recently, don't put a brave face on it because they will enter positive answers on the computer system.

 

Please keep in touch with us. HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

i havent applied for a blue badge how do you do that and i thought you had to be very very bad to even consider that i cant walk too far and need a stick for most things. Sorry to be such a numpty as i said i am a bit dumb as far as the benefit side of things are concerned x

Link to post
Share on other sites

Hi. I don't know a lot about blue badges myself, but my father in law can't walk very far at all without having to stop and have a rest, and he has one. I would start at your GP's surgery.

 

Kelcou has recently done this and I hope she might shed some light on it.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi jacbrass, from reading your post you are clearly 100% fit :)

The Blue Badge scheme is a national scheme run through your local council. In my area the County Council handle initial applications and the District Council handles renewels. There shouldn't really be any regional deviations...

There are two routes to acquiring one. Either being in receipt of Higher Rate Mobility DLA [automatic entitlement, and quite right too] or the Discretionary Award. Obviously, I went for the latter.

My first stop was a chat to my GP about it. She confirmed the main criteria would be 'does walking 50 - 100 yards cause severe distress or discomfort?'. We both knew the answer to that one! She added that the fact was also in my medical notes so anyone who has access to them would know.

I then completed the online application. Less than 48hrs later I had an email confirming it had been approved.

The Badge costs £2, a car window sticker £1 and - the most expensive part - 2 passport sized photos £4.

The only possible niggle I can imagine would be how long are you likely to have mobility problems? I think the Badges run for three years at a time.They don't issue short-term or temporary ones. I mention this only because I don't know your prognosis. I'm sure it should be fine though. Just check with your GP.

Best wishes.

Rae.

Link to post
Share on other sites

  • 3 months later...

I am really worried. I have a severe visual impairment and I have been asked to attend an esa medical. I am scared what they will do, what questions they will ask me. My vision is approxomatly 20/150 and there are so many things I am unable to do by myself, for example, I can't cook a meal for myself, go out by myself I can't even make a cup of coffee by myself and I have been asked to attend a medical, what other evidance do they need. Cor, I am asking for help to get employment, I am hoping to be put into the work group, what a blooming farce to go through all this to get the help and support you really need. I am a born again christian as well, so no way would I lie about my own disability. Don't They know when someone is genuuine.

Link to post
Share on other sites

Hi upsetnanny and welcome. The ESA / ATOSH assessment is a worrying time indeed!

Click on the link I've provided and you can start your own thread which will get you more response.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=160

 

Hunni, you should do as you will naturally want to do - be honest and answer questions fully. Unfortunately, that doesn't seem to cut much ice with ATOSH and the modern day DWP.

But, here at CAG, you are amongst people in the same boat. It is early days but we are all slowly learning how to row together and we'll do our best to support and advise you.

Best wishes

Rae

Link to post
Share on other sites

  • 4 months later...

Hi all well i have my appeal today landed up with 12 points and i am really no different have the speciallist on the 11/11/2010 and not sure what they will come up with. My job has now gone only last month though so they were really patient but very nervous about today any advise would be very welcome xx

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...