Jump to content


  • Tweets

  • Posts

    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
  • 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

Incapacity Benefit Atos Medical Results


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

Thread Locked

because no one has posted on it for the last 4367 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

Hi I have been to Atos Medical today with regards to incapacity benefit I get for being signed off with anxiety and depression. I think the doctor seemed to be on my side and guided me for relevant points.

 

I am now in a complete state of panic about it all though and main question how long should it take now until I am told whether I pass or failed the test and whether my incapacity benefit will go on ????

 

Thanks in advance for any response

Link to post
Share on other sites

Mine took a week to come through and I was told I only scored 12 out the 15 points needed to qualify for the benefit. Basically if you fail you have to appeal to see if the DWP will reconsider. If you pass you get onto the higher rate of ESA.

My experience with the Atos medical wasn't too pleasant. All they seemed interested in was getting me back to work even though I have really bad anxiety and depression. Nevertheless I'm just about to appeal to the DWP to reconsider.

Good luck hope it goes well!

Link to post
Share on other sites

Justforthem

 

All the past pca IB50 meds are now ESA wca meds. and its a nightmare by all accounts i will be going through this next march so i have a year to try and deal with the changeover i hope the new system will be better by then.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Link to post
Share on other sites

It's a nightmare having to go through this, I know firsthand as I'm having to appeal to get my ESA by missing out on just 3 measly points!

This sites definately helpful though as you'll realise your not the only one who's going through it.

Should it come to the worst and you don't get enough points to pass your medical, stand your ground and appeal like I am. It can't harm, I'm certainly not giving up.

They really aren't interested in peoples illness they just want to get you back to work when the reality is a lot of people are genuinely ill and are failing this medical when they should be on ESA.

I also suffer from anxiety and depression and I know how you feel, all this commotion just adds extra stress that you don't need.

You never know you might just pass the medical :)

Link to post
Share on other sites

....Hi all, I've been on IB since 2006 , had 1 medical in 2007 and passed, I'm 62 now and I wonder if age matters ,as my IB is coming up for review in May??

Werner.

 

Hi Werner,

 

You have a use even at 62 they will try to get there pound of flesh, keep us informed how you get on.

i see your PCA med lasted 3 years mine was set at 5 (Interesting) i take it your review is may 2010.:sad::sad: Mine march 2011.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Link to post
Share on other sites

...I don't know if it's just another IB50 to fill in. or a "medical"....

 

 

Werner

It well might be ib50 but think it will now be esa50 and then a medical in a few weeks time of filling in that form.

good luck were thinking of you.:-)

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Link to post
Share on other sites

As far as iam aware if you were sent an IB50 form to fill in then your medical will be under the IB rules of PCA.So not under the current ESA rules.

I am on long term IB and have just completed IB50 form so if i get called for a medical it will be under the PCA rules and not ESA.

 

As far as iam aware claimants of IB are not due to be migrated to ESA until Oct 2010 onwards.

Link to post
Share on other sites

hey it was an ib50 i filled in back in september - took ages for the medical to come through but now i have had the medical am worrying about results and how long they will take - definelty have been assessed under old rules and not esa just staring at letter box now

Link to post
Share on other sites

Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

Link to post
Share on other sites

Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

 

Loopin,

 

With IB50 it a Personal capability assesment wich you dont have to be quit so dead! ha ha. esa you have to be dead.lol:-o

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Link to post
Share on other sites

.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

 

Thanks.

PS: I've been on IB for the last 4years.

Edited by Werner M
:)
Link to post
Share on other sites

.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

Thanks,

 

Werner,

My last med was may 06 i got review not untill 2011 i think i depends how bad you maybe not shure. im on IS at the moment.....

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

Link to post
Share on other sites

In my experience it's two and a half years between medicals.

 

For all I know it could vary a lot.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

Link to post
Share on other sites

  • 2 years later...

My partner is 22 and has been on dla and inc benefit since about 12 his grandma recieved carers allowance and imcome support for him but august 2011 i took over and became his carer. weve recently been for his medical and now are worrying its been a week and we are due to get paid in a weeks time would we still get paid

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...