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    • a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx  
    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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ESA and Carers Allowance


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I am on ESA for anxiety (GAD), depression and ocd and

 

last January won my appeal with the tribunal and was put into the WRAG group.

 

I have been attending for the past year and not missed an appointment.

 

Recently I have become my Mums full time carer and am in receipt of carers allowance

and a carers premium on my ESA.

 

I volunteer for a charity shop 2 afternoons a week on days when my sister

is not in work so she can sit with my Mum, just something so I can have a break.

 

I have recently got a new adviser at A4E and only met her once last month at my latest appointment.

 

She booked me on a CV writing class which was last week.

 

I called up to rearrange as from the Monday to the Friday

I didn't leave the house once as Mum was poorly so I needed to be there.

 

Today I got a letter to say she has rearranged the appointment for next Friday morning.

 

I told her last appointment when I met her my old adviser never booked me appointments on Fridays

as she knows it's the afternoon I work and apart from being incredibly anxious everytime I go to work

I cannot get anyone to sit with my Mum Friday morning and she said she won't book me in on Fridays for anything.

 

I am the only person who cares for Mum, my sister is the only other family we have and she works 4 jobs!

 

When I have notice of usually a month we can juggle something but this time I can't

as she is working till 12pm on the Friday and my appointment to do the CV class is 9.30am!

 

I am going to worry myself sick now for the next week as I have my next wri on the 28th

then the CV writing class 31st 9.30.

 

So worried as no one to sit with my Mum but if I don't go to the CV class I will be sanctioned.

 

Just feel under so much pressure when I am trying to do everything possible to every appointment.

 

I am so closed to being £120 worse off by going on income support

just to stop this added pressure even though I will be in massive debt if I did.

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I am on ESA for anxiety (GAD), depression and ocd and last January won my appeal with the tribunal and was put into the WRAG group. I have been attending for the past year and not missed an appointment. Recently I have become my Mums full time carer and am in receipt of carers allowance and a carers premium on my ESA.

 

So you are on the Work Programme as an ESA(IR) claimant - At the time of entry, you would have been a mandatory participant subject to the sanction regimes and other nastyness.

 

As you now have full time carer responsibilities (more on this in a sec), you move to one of the voluntary groups as listed in Annex A of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264161/wp-pg-chapter-2.pdf - What you must do is to write to the DWP and inform them of a "change of circumstances". This need be no more than a simple:

I am now a full time carer for Mrs Anxious with all the attendant responsibilities. I kindly suggest that you inform A4e as a matter of urgency that I am now in one of the voluntary payment groups as per your provider guidance.
Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts. Are you registered with the local Adult Social Services department ?

If not, I'd recommend doing so as soon as possible.

 

As for the immediate problem of the CV writing course on Friday, you don't have much time. Write (either email or 1st class post) to your adviser (if using email, CC the branch manager) and state that due to care responsibilities, you are unable to attend and the session should be rebooked for another day (also point out that they are well aware of other commitments on that day, and ignoring them demonstrates a degree of negligence on their part) - If they say "yes", you should avoid a sanction, but that is not guaranteed... Or ask that they provide replacement care for your mum (the answer would be 'No'). One last question, does the appointment letter for this "course" conform to the example set out in Annex 4 of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264163/wp-pg-chapter-3a-22-october-2012.pdf ?

 

If the appointment was verbal, via email, or text, then it is not mandatory - Appointments must be made in writing and the letter either handed to you or posted "in good time".

Edited by Mr.P

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Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts.

 

By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

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By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

 

Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

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Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

 

Agreed. They should have notified A4e, but odds are they haven't.

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Thank you so much for your replies and help, I appreciate it.

 

I just assumed because the DWP had adjusted my payments with a carers premium as I am now getting carers allowance the Jobcentre would know this? And because nothing has changed with A4E I assumed nothing would or could? I mentioned at my last appointment I am a carer for my Mum but didn't mention I was getting carers allowance. Should I mention it at my next appointment on Tuesday as I have been getting carers allowance for a few months now. Other than when I called the DWP ESA department to let them know so they could adjust my money I haven't told anyone else as assumed everyone to do with my benefits like Jobcentre and A4E would be informed?

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Follow Mr P's advice. While it's reasonable to expect that the DWP departments responsible will talk to each other and A4e, in practice it doesn't happen. However, now that you are a carer, you are no longer a mandatory participant in the Work Programme.

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Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help

 

It's your local Jobcentre that deals with Work Programme issues, generally.

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You may need to find out if the local JCP office has a Work Programme liaison officer that normally handles this kind of thing. Failing that, go for the Third Party Provisions manager.

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