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reallymadwoman

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Everything posted by reallymadwoman

  1. I hope someone with specific advice will post soon. In the meantime, I know from reading other people's posts that if it was going to be an interview under caution, the letter would say so. A letter from Compliance tends to suggest that DWP don't really give much weight to the allegation but they do still have to check. I'm sure that if you asked they would come to you rather than make you go to the office if you would be happier with that. Having been on the receiving end of malicious allegations I know how stressful it can be. In my case they did visit me at home and were obviously happy with my explanation and suggestion as to who had made the allegation and why. I had a letter a few days later saying they had closed the investigation. If you have a crime report or anything in writing from the police to back up your suspicion it would probably help to have it with you.
  2. My PIP award expires in a year (so I'll be getting the renewal forms for that soon, as well as currently being reassessed for ESA!) hence the blue badge being only for a year. Again, down to the PIP assessor who somehow believes my genetic, degenerative condition will miraculously disappear. My complaint also went to ICE but because I'd got the maximum award anyway they didn't even look at the issues with the assessment - half my conditions missed off, half the consultants involved missed off, most of my medication missed, the box she'd ticked not agreeing with the 'justification' she'd written etc etc. Despite the wheelchair and not seeing me walk at all, she somehow decided I can walk 20 metres using an aid, which I can't use because I have no grip and my right shoulder dislocates if anyone breathes on it.
  3. Hi all, Apparently all blue badge renewals/applications in future will have to be done through the gov.uk portal and paper applications will only be allowed in exceptional circumstances. However, the system is apparently not working very well at the moment. The letter I received implied that as I was renewing an existing badge I would only have to provide proof of continuing entitlement, and that everything would be done online. I duly scanned my last PIP award and started the process - I previously qualified as 'virtually unable to walk' as I'd never bothered to apply for high mobility DLA, but got enhanced mobility PIP when I transferred. I actually had to provide proof of identity, proof of address, proof of the points I scored for moving around, proof of the duration of my PIP award, a letter dated within 12 months to confirm I was still receiving PIP and a signed passport type photograph, to be sent by post to my local council. I duly posted everything, only to be asked for all the proof of entitlement again as they wanted proof dated within the last 12 months of what points I got for mobility, which simply does not exist as I haven't been assessed within the last 12 months! When I copied the list of required proof from the original application they did accept what I had sent, so I'll be getting my new badge soon but only for 12 months and still at the same cost of £10! I only applied on the basis of my PIP award because I thought it would be more straightforward but actually I'd have been better off having another assessment (they didn't bother actually assessing me last time I renewed) and getting another 3 years. I hope these are teething problems with the new system as it would be much easier for me if everything could be done online, but I doubt that's true for everyone.
  4. Be aware that my son had a similar issue with a motorcycle which he sold which turned out to be a [problem]. The people involved regularly purchased motorcycles and scooters, all of which had a head gasket failure almost immediately (usually after less than a mile!), often with a report from a garage to back them up. However, when asked to return the motorcycle to the garage which had replaced the head gasket 2 weeks before the sale, we never heard from them again. We contacted the police after a friend of my sons had the same experience and the people were eventually prosecuted for attempted fraud. You can see why your post has raised alarm bells. You have absolutely no liability for any damage or fault which occurred after the sale of the motorcycle so long as you sold it as a private individual and so long as you didn't make any false statements about the condition. You are not obliged to make any contribution to the repairs nor are you obliged to give a refund. There are plenty of threads on here involving the sale of second hand vehicles. Have a read, then come back with any specific questions you have.
  5. What a horrible position to be in, I don't envy you having to make such a decision as it's a bit of a no win situation as somebody is going to end up very upset whatever you decide. I don't think the seller has any legal right to ask for the dog back and I believe you are entitled to refuse to return him. If you were to perhaps consider returning him as a gesture of goodwill, you would be able to request a full refund of the purchase price plus anything else you had spent on the dog in the meantime, eg the vet's bill, food etc.
  6. I have no experience of Maximus, but I've had complaints about ATOS go to the ICE twice now, and be at least partially upheld. The last one took 15 months from when the complaint was accepted to when ICE started investigating, but I believe the wait is getting longer. The increase in their workload is apparently mostly down to ATOS/Maximus complaints. ICE refused to investigate the standard of ATOS' report as they said I should have appealed even though DWP told me I couldn't appeal as I'd got the maximum award anyway so all the errors and omissions were irrelevant.
  7. Finally some good news - the insurers are paying for the lift repairs in full so no consultation needed and they should be done by the end of next week. In the meantime, we've managed to get me into the apartment and in theory at least I can go out if I absolutely have to, e.g. hospital appointment. In practice, getting out and back in again put me in bed for a couple of days so I'm not going to attempt a repeat, it's a long, long way down those stairs and it felt like twice as far getting back up. The wheels are currently padlocked to a convenient post at the bottom of the stairwell with all removable parts safely stored in the apartment. At least it's raining so I wouldn't want to go out.
  8. I managed to get the form back in plenty of time, Maximus should have had it for 2 weeks now. I'm trying not to obsess about it and I can't quite bring myself to ask them how long it might be. Whilst I'm waiting, I'm making a start on the PIP form - since I can't go out at the moment, I've got plenty of time.
  9. The motor has burnt out. This is apparently potentially covered by the lift insurance which might get things going a bit quicker.
  10. Thanks for all the replies so far. To our endless amazement, the Management co have got someone looking at the lift tomorrow. There's still not much hope of getting it fixed before Sunday, but at least they're doing something. We'll keep on top of them for updates and if things drag out much beyond the middle of next week then we'll look at other options.
  11. I am effectively homeless because I can no longer get to my home. Had I been at home when the lift failed, I wouldn't be able to get out, which is actually the better option. I'm going to ask my husband to speak to the management company about paying for a temporary stairlift - is there one which will take me and the wheelchair? If not, the stairlift on it's own is no use.
  12. There's at least one previous thread on here about this exact issue. Few DWP staff are aware of the rules which applied prior to 2001 and it has caused problems for many claimants in your position. A search should turn up the other threads.
  13. I'm planning on a lengthy stay with my Mum, at least she's in a bungalow.
  14. We're away at the moment, due home on Sunday. We only found out by accident that there was a problem with the lift - my son popped around to check on the place and found an 'out of order' sign. Since the management company know I'm a wheelchair user, I'm a bit miffed that they didn't bother to let me know there's a problem, it's apparently been out of action for a week already. I don't have a social worker. We own the flat, it's leasehold. I'm not sure what a medical opinion would add at the moment, but if necessary I'll contact my GP for a letter.
  15. The lift in our apartment block has had some sort of major failure and is out of action. The management compnay say it will be at least 2 months before work can start, so potentially 3-4 months before it's complete. In the meantime I can't get in or out, so am effectively homeless. This delay is apparently down to the s20 procedures needed before they can even get estimates, is this true and is there no way around it? Surely they wouldn't have to do this if emergency repairs were needed to the roof, for example? Wouldn't me being homeless be an emergency? Any suggestions anyone?
  16. Brittany Ferries' legal department have contacted me - late on a Friday afternoon, again. In fact, 26 minutes before their time limit ran out. At first glance it appeared to be a win, at second glance there are still a few issues, not least that we suspect that option 2 (drop me off at the accessible lift, go back to pick me up when we arrive) or option 3 (park us by the inaccessible lift, offer the onboard chair to get me to the passenger decks) will actually become the default option rather than option 1, which is of course to park us by the accessible lift. From experience, even if they genuinely believe the loading crew will somehow now magically do as they are told, it won't last. We'll maybe get one or even possibly two crossings where there's no arguments and everything goes smoothly, then we'll be back to square one and all this hassle will have been completely pointless. I almost wish they hadn't contacted us as I would have then been able to go to ABTA and any solution from there would have had to be permanent.
  17. What difference do you think it would have made, other than massively increasing the costs?
  18. Indeed. What rational argument and reasonableness cannot achieve, the power of negative publicity can, I hope.
  19. Just been contacted by my local paper. Disabled access on public transport is apparently big news at the moment and something other than being stranded on trains or planes seems to be attracting attention. I don't think it'll be on the front page, but hopefully some of the nationals will pick it up as well.
  20. Absolutely, the point is that it is possible or we would never have been parked by an accessible lift. We and everyone else admit it's more difficult to park a specific vehicle in a specific place, which is why the loading crew don't like it. One argument is that it might hold up departure - we were arguing for at least 15 minutes last time during which loading on that deck came to a complete halt. The ship still left 5 minutes early. If they'd just done what they should in the first place, it would have been at least 15 minutes early. Unfortunately for Brittany Ferries I have official opinion that making travel on my chosen route this difficult amounts to refusing to carry me on that route and the only get out clause for that breach of the EU regs (similar to the ones for airlines about assistance etc) is that it is impossible, not just difficult or inconvenient, and since it has been done before obviously it's not impossible.
  21. Brittany Ferries are most certainly not assisting as much as they can, and the issue is not with my wheelchair, which is actually smaller than a manual chair. If we're parked by the accessible lift, there's no problem, it's actually one of the better ships for access, but we shouldn't be having to argue with the loading crew every time before they (usually) park us there. All Brittany Ferries have to do is tell the loading crew that the needs of passengers must come before their convenience and that would be the end of it, but they simply won't do that. Quite apart from any other issue, expecting anything on wheels to navigate a tight turn in narrow corridors at the head of a staircase is inviting an accident. I doubt it's coincidence that when travelling from France to the UK so that loading is from the opposite direction, all assistance vehicles are automatically parked by the 'safe' lift. We used Pont Aven a couple of times last winter whilst she was covering this route. On both occasions the loading crew parked all the disabled vehicles in a long line between two lifts, one of which was out of order, waited until we'd all left the car deck and then parked all the other vehicles so close around that no one could get back to their vehicle the next morning. Another passenger posted a review on Tripadvisor which described the loading crew directing traffic around my wheelchair rather than wait 30 seconds for me to get out of the way, so no, I don't hope we get Pont Aven.
  22. Final response from Brittany Ferries (late on Friday afternoon !) amounts to ......... tough. Despite providing them with all the dimensions of my chair, including the turning circle, they insist that it will go around the corners = you're lying when you say it wont plus 'you need to tell us when you book etc....' which is hugely patronising. Furious. Anyone know someone in the press who might be interested given that access to public transport is such a big thing at the moment?
  23. If the proposed defendant hasn't collected letters from the post office, hand deliver (or get someone else to do it for you) one to the business, take a photograph of it being handed over - it doesn't matter if it's the franchisee or a member of staff. Alternatively, if they have a letter box, take a photo of you posting the letter through it.
  24. I presume they would have had to pay a fee for that application?
  25. One real bright spot in an otherwise frantic weekend. On Saturday I received a general form of judgement from the Court. It appears that Currys made an application to have the CCJ marked as satisfied. The judge refused.
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