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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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ESA Reassessment????


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Hi

 

I had my first ATOS assessment in March 2011 which surprise surprise I failed with only 6 points, but managed to get overturned in the first stages of the appeals system and placed in WRAG.asked them to send me one

 

I heard nothing at all regarding a reassessment till I got a letter on 4th April 2012from ATOS demanding that I send in the questionnaire I had been sent by April 11th 2012. I had never received this form so, I phoned ESA straight away and requested a new one. 2 weeks later my ESA did not go in my bank and I had not received the form so again I phoned ESA and after an hour wait and having to endure the torture of that infuriating music I finally spoke to someone and was told it had not been paid because they had not received the form back. I informed them that I had not received it even after requesting one, they sent me another one the following day and am happy to say paid my money via FP that day.

 

As soon as I received it I filled it in, provided alot of evidence and requested that the assessment be recorded, I then sent it back via recorded delivery straight away.

 

As of yet I have not heard anything. Do ESA notify you if they do not require you to have another assessment? Or do they just keep you hanging on adding to the stress of worrying that you have to attend an assessment, be deemed fit for work, having your money cut whilst you wait for an appeal to be sorted out?

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Hi

 

I had my first ATOS assessment in March 2011 which surprise surprise I failed with only 6 points, but managed to get overturned in the first stages of the appeals system and placed in WRAG.asked them to send me one

 

I heard nothing at all regarding a reassessment till I got a letter on 4th April 2012from ATOS demanding that I send in the questionnaire I had been sent by April 11th 2012. I had never received this form so, I phoned ESA straight away and requested a new one. 2 weeks later my ESA did not go in my bank and I had not received the form so again I phoned ESA and after an hour wait and having to endure the torture of that infuriating music I finally spoke to someone and was told it had not been paid because they had not received the form back. I informed them that I had not received it even after requesting one, they sent me another one the following day and am happy to say paid my money via FP that day.

 

As soon as I received it I filled it in, provided alot of evidence and requested that the assessment be recorded, I then sent it back via recorded delivery straight away.

 

As of yet I have not heard anything. Do ESA notify you if they do not require you to have another assessment? Or do they just keep you hanging on adding to the stress of worrying that you have to attend an assessment, be deemed fit for work, having your money cut whilst you wait for an appeal to be sorted out?

 

hi dILIZJO you should complaint.... i know it sound may not be nice but i advice to everyone on ESA, do not worry to attempt assessments or filling forms. stress and worry even pain thats what the new system want to do to ESA,DLA claims. im on ESA and DLA. its very hard for me to go assessment and filling forms but if they call me every week i will attempt every week, if they send me form to fill every day i will fill it and send it everyday. MY ADVICE TO EVERYONE PLEASE DO NOT GET WORRY OR STRESS GO ASSESSMENTS AND FILL THEIR LONG FORMS WITHOUT ANY WORRY AND STRESS. IF YOU WORRY AND STRESS THEY SUCCEEDED. SOME OF YOU MAY NOT AGREE BUT MOST OF YOU KNOW THIS NEW SYSTEM WILL JUST MAKE PEOPLE STOP CLAIMS NOT FROUD OR FAKE CLAIMS ONLY. they also called me ( in 10 months) twice in first i appealed and win in first stage and in second one i straightly pass my medical and received decision in 8 day. GOOD LUCK TO EVERYONE.

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The delay may well be because you've asked for your assessment to be recorded. I am in a similar situation and have now been waiting nearly 3 months for a response to my ESA50.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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hi dILIZJO you should complaint.... i know it sound may not be nice but i advice to everyone on ESA, do not worry to attempt assessments or filling forms. stress and worry even pain thats what the new system want to do to ESA,DLA claims. im on ESA and DLA. its very hard for me to go assessment and filling forms but if they call me every week i will attempt every week, if they send me form to fill every day i will fill it and send it everyday. MY ADVICE TO EVERYONE PLEASE DO NOT GET WORRY OR STRESS GO ASSESSMENTS AND FILL THEIR LONG FORMS WITHOUT ANY WORRY AND STRESS. IF YOU WORRY AND STRESS THEY SUCCEEDED. SOME OF YOU MAY NOT AGREE BUT MOST OF YOU KNOW THIS NEW SYSTEM WILL JUST MAKE PEOPLE STOP CLAIMS NOT FROUD OR FAKE CLAIMS ONLY. they also called me ( in 10 months) twice in first i appealed and win in first stage and in second one i straightly pass my medical and received decision in 8 day. GOOD LUCK TO EVERYONE.

we all agree the system is meant to make you stress and worry thus compounding the medical problems that we already have...as like yourself i have appealed after getting null point from rATOS..the whole bloody system is not fit for purpose..but unfortunately its the one we have to work with.....good luck to you as well

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be wary with the recorded request, since I made my request they have booked me no less than 4 normal medicals, 3 were cancelled promptly but they wont cancel the 4th till nearer the date they say now. This has made me paranoid as its quite possible I will forget to ring to check its cancelled then the next thing I know I am in trouble fo rmissing it.

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  • 2 weeks later...

Hi,

 

Just thought I'd give you an update

 

I received my appt for the 3rd July, on the letter there was no mention of it being recorded, So I called them straight away. The operator said he would email the relevant department and that they would phone me to make arrangements.

 

Not being one to sit and wait for them to contact me I rang them again to keep chasing it up as I do not intend to go on the 3rd July if they have not made the correct requested arrangements. I was given a telephone number which I rang and was told that I would not be able to have my assessment till some time in August as the recording equipment is not available till then. I have asked them to verify this and the cancellation of the July appt via post, we shall wait and see.

 

One thing a little off topic that I found stupid was that they include a suggested journey plan.

 

Mine included walk to bus stop, 4 mins, this walk contains a very steep hill and being a COPD and Rheumatoid Arthritis sufferer would take me forever to get to the top???????????

 

Get on a bus: journey 7 mins to Bus station

 

Walk to centre 2 mins, again another very long, steep hill would need an ambulance at top I think.

 

Thankfully I have someone to take me but I really feel for those who don't and can't manage the initial payout for a taxi out of their benefit as the fare is not reimbursed straight away. Do they not read the questionnaires that they send out? these would tell them that "Oh dear this person is not fit enough to complete this journey without severe discomfort so we won't print out this sheet of paper and save on resources", but maybe that is just common sense.

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Hi,

 

Just thought I'd give you an update

 

I received my appt for the 3rd July, on the letter there was no mention of it being recorded, So I called them straight away. The operator said he would email the relevant department and that they would phone me to make arrangements.

 

Not being one to sit and wait for them to contact me I rang them again to keep chasing it up as I do not intend to go on the 3rd July if they have not made the correct requested arrangements. I was given a telephone number which I rang and was told that I would not be able to have my assessment till some time in August as the recording equipment is not available till then. I have asked them to verify this and the cancellation of the July appt via post, we shall wait and see.

 

One thing a little off topic that I found stupid was that they include a suggested journey plan.

 

Mine included walk to bus stop, 4 mins, this walk contains a very steep hill and being a COPD and Rheumatoid Arthritis sufferer would take me forever to get to the top???????????

 

Get on a bus: journey 7 mins to Bus station

 

Walk to centre 2 mins, again another very long, steep hill would need an ambulance at top I think.

 

Thankfully I have someone to take me but I really feel for those who don't and can't manage the initial payout for a taxi out of their benefit as the fare is not reimbursed straight away. Do they not read the questionnaires that they send out? these would tell them that "Oh dear this person is not fit enough to complete this journey without severe discomfort so we won't print out this sheet of paper and save on resources", but maybe that is just common sense.

ah, well that is the crafty bit, if you do complete the journey by the recommended route you will immediately gain 0 points.....hence the question..how did you get here today? said in a nice smiley manner...

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I had my assessment last week, although my doctor told them I could not use public transport due to pain they sent a taxi for me.. I arrived on my crutches and signed in, the lady asked me to sit and wait for the doctor, I told her I couldn't sit on their chairs as they are too low, The doc called me in and I had the entire interview standing as it was more comfortable, he chatted to me for about half an hour but it didn't seem like a grilling, he saw my prescription and my specialists notes. He never gave me any sort of medical, and he told me about his aunt who had the same condition as me.. (R.A) He also told me that the form I filled out was enough for me to pass on paper. Do you reckon then that I have passed the assessment or should I still be worried as I have heard some proper horror stories on this forum about people who were sure they had passed only to fail. He told me it would be two or three weeks before the decision would be made. oh and by the way, I never had to pay for the taxi, in fact no mention of payment was asked (or offered)....

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I had my assessment last week, although my doctor told them I could not use public transport due to pain they sent a taxi for me.. I arrived on my crutches and signed in, the lady asked me to sit and wait for the doctor, I told her I couldn't sit on their chairs as they are too low, The doc called me in and I had the entire interview standing as it was more comfortable, he chatted to me for about half an hour but it didn't seem like a grilling, he saw my prescription and my specialists notes. He never gave me any sort of medical, and he told me about his aunt who had the same condition as me.. (R.A) He also told me that the form I filled out was enough for me to pass on paper. Do you reckon then that I have passed the assessment or should I still be worried as I have heard some proper horror stories on this forum about people who were sure they had passed only to fail. He told me it would be two or three weeks before the decision would be made. oh and by the way, I never had to pay for the taxi, in fact no mention of payment was asked (or offered)....
I wouldnt bank on it...but who knows? i too have mobility issues...failed with 0 points as nurse says i could use a wheelchair to aid mobility....fact is i dont have one...cant access one...but they dont care.....keep us informed...mine wasnt a grilling either...nurse was nice.sympathetic, concerned...but still stabbed in back...her report was almost based on fiction....
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ah, well that is the crafty bit, if you do complete the journey by the recommended route you will immediately gain 0 points.....hence the question..how did you get here today? said in a nice smiley manner...

 

So, you're damned if you get there (because unless you use a taxi or get someone to drop you there, they'd claim you have no problems using public transport) and damned if you don't turn up.

 

nurse says i could use a wheelchair to aid mobility

 

Unless you've used one many times before and have had no problems at all, I would love to know how they'd know this? Reminds of my DLA. I claim that no aids work; as does my consultant. Person who has never seen me, claims they'll work.

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yep you are damned whichever way you turn....if you sit down, you can work...if you stand up you can work....if you have mobility issues..use a wheelchair....and a load of others that i am sure posters on here can elaborate on...

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I wouldnt bank on it...but who knows? i too have mobility issues...failed with 0 points as nurse says i could use a wheelchair to aid mobility....fact is i dont have one...cant access one...but they dont care.....keep us informed...mine wasnt a grilling either...nurse was nice.sympathetic, concerned...but still stabbed in back...her report was almost based on fiction....

 

I read on rightsnet that someone can goto a wheelchair centre, try to use one and if they fail to do this propel 200metres (Which apparently is actually very hard to do anyway even for a fully fit person) then they can use that as evidence against the ATOS claims. I do think eventually tho this wheelchair thing will get beaten, its based on assumption and a judical case would nail it dead.

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i will have to try that.....will they give me a report if i cant do the 200m bearing in mind to get to the busstop at my place is half a mile down a 1 in 3 hill and then another half a mile up a 1 in 3....don't even think i have the energy to even push the bloody thing up the hill lol

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OK another update....

 

Today I received the letter I asked for to verify that they could not record my assessment on 3rd July and that it would be held at a later date in August as the ATOS employee told me and this a word for word copy of what it says......

 

Dear Mrs XXXXX,

 

I have received your request to obtain an audio recording of your medical assessment.

Unfortunately we are unable to provide the service at present.

Therefore your appointment on 3rd July 2012 will not be audio recorded.

 

I apologise for any inconvenience caused.

 

yours sincerely,

 

XXXXXX

 

In my view this was saying tough luck we are not doing it.........

 

I rang them straight away and said that I am within my rights to have my assessment recorded and why was I sent a letter that gave no options?

 

I was told that it was a standard letter.... which I must add does not look like any correspondence from a multi million company, it is on cheap A4 paper and looks like it has been typed up by a someone who has no experience in this field.....

 

I was also told that I would have to wait till the equipment was repaired, which tbh does not bother me as I am already in a WRAG group, I fully empathise with those that are still in the assessment stage. Again I asked for a letter formally cancelling the appointment on 3rd July due to their inability to provide the correct equipment.

 

I am also sending a recorded delivery letter for this request to both ATOS and DWP as I am not prepared to go down as a no show and get sanctioned.

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OK another update....

 

Today I received the letter I asked for to verify that they could not record my assessment on 3rd July and that it would be held at a later date in August as the ATOS employee told me and this a word for word copy of what it says......

 

Dear Mrs XXXXX,

 

I have received your request to obtain an audio recording of your medical assessment.

Unfortunately we are unable to provide the service at present.

Therefore your appointment on 3rd July 2012 will not be audio recorded.

 

I apologise for any inconvenience caused.

 

yours sincerely,

 

XXXXXX

 

In my view this was saying tough luck we are not doing it.........

 

I rang them straight away and said that I am within my rights to have my assessment recorded and why was I sent a letter that gave no options?

 

I was told that it was a standard letter.... which I must add does not look like any correspondence from a multi million company, it is on cheap A4 paper and looks like it has been typed up by a someone who has no experience in this field.....

 

I was also told that I would have to wait till the equipment was repaired, which tbh does not bother me as I am already in a WRAG group, I fully empathise with those that are still in the assessment stage. Again I asked for a letter formally cancelling the appointment on 3rd July due to their inability to provide the correct equipment.

 

I am also sending a recorded delivery letter for this request to both ATOS and DWP as I am not prepared to go down as a no show and get sanctioned.

 

I have had at least 4 cancellations (lost count), not a single one has had written confirmation. I think this is for legal reasons so incase this sort of stuff ever enters into a alegal argument us claimants have minimal evidence. In the other thread tho someone has reported the rights to have a recording has been removed which might explain the letter you did get.

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ah, now here is the crafty bit....government figures suggest that claiments are 'not asking' for it to be recorded, so they are now considering withdrawing the option...of course people are asking..but being told..equipment not available, broken, etc etc...so if it is not being used it is NOT WANTED catch22 me thinks

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What needs to happen now is for this guyhttp://www.rightsnet.org.uk/forums/viewthread/2810/ or someone like him to cite the delay caused by non compliance of the right to a recorded assessment in a tribunal case, it might open a can of worms!

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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You have always been able to covertly record but

 

if you are discovered the assessment will be terminated immediately and

 

you may or may not be allowed to use a transcript of the recording in a tribunal, it's up to the chair, but you almost certainly would not be able to use the actual recording without the permission of the assessor

 

The appointment for which I was assured recording equipment would be available has now been cancelled, with no reason given.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi all,

Yet another update.....

 

Yesterday I emailed the person who had sent the letter mentioned in my post (19) asking for the written confirmation regarding my assessment appt being cancelled due to their inability to provide recording equipment and as of yet haven't even received an auto reply in acknowledgment, which IMO is totally unprofessional and unbecoming of an agency paid millions to act on the DWP's behalf.

 

So this morning at 8:00am I was on the phone to the ESA. After going through the new automated phone system they have, which they say you only have to go through one time after giving a memorable date and choosing a pin number to use for future telephone contact, which I may add is not right as I have done the whole 4 min episode 2 times now, I was on hold listening to that abysmal music for another further 31 mins:( I spoke to an operator explaining that I had contacted ATOS regarding my assessment being recorded and went through all contact that I had had with them, I voiced my concern that they had failed to provide firm written confirmation that my appt for 3rd July had been cancelled due to their lack of being able to provide the service that I am entitled to. He stated there was nothing they could do, which I already knew but I asked him to make a record of my call as I wanted them to know that the cancellation was not due to me being a 'No show', which could cause them to stop payments.

 

I then phoned ATOS to be told that the appt had been cancelled and so had the one for the 17th July????????????? I have never had any contact regarding one on the 17th July..... I asked again for written confirmation of both cancellations stating the reason why only to be told they don't do that.:( IMO they may try to make it look like I have cancelled the appts for no valid reason which would lead to sanctions. I fully agree with you Worried33, but I am not going to let this lie........

 

I am going to contact my MP who just happens to be a Tory and provide him with all the information I have on this matter and see if he has the b**** to address the problem, I am not holding my breath.... not that I have a lot to hold.

 

Odset ~I agree someone somewhere needs to start some form of action but it can't be done by one person alone.........

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informing your mp is going to in my experience be less than useless....and mines a labour man...he was totally useless...unable and unwilling to get involved....they are going to remove this 'right' due to lack of demand....yet nowhere in any phone calls or letters do they happen to mention that 'you can have the session recorded' we have to keep pushing for this to be allowed, but i fear that it may soon be removed

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The more I think about it the more it seem obvious that ATOS would do all in their power to subvert recording assessments, it is totally not in their best interests.

 

While the current system remains ATOS can go about the business of benefit denial behind closed doors with no checks or balances applied, the DWP who seem to hang on ATOS's every word are happy to stand back and wash their hands, if evidence of malpractice is brought to light via a recording then the government as embodied by the DWP are duty bound to act surely?

 

This would not be good news for all concerned except the injured party, Grayling is happy to pay lip service to recordings for the moment, once enough evidence has been presented by ATOS/DWP to the effect that no one has to date taken up the offer, it will be withdrawn due to lack of interest.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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