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  1. Hi, I am new to this site I would like some advice regarding my tribunal next week, I have just had a new atos assessment over two weeks ago and still waiting on a decision, this tribunal next week is for previous decision nearly 2yrs ago I appealed that decision and it was reconsidered by dwp and was put in wrag I appealed that decision to be put in support group but dwp said not enough evidence to be put in support group so it was sent to tribunal which the hearing will be next week. Would it be worth my while going to the hearing because what ever decision they come to will it stand? As I have since filled in another esa50 and had another atos assessment over two weeks ago and still waiting on a decision on that. I suffer from anxiety depression ptsd and other physical health conditions, the only evidence I have is a letter my GP gave me which just has my medical conditions and my medication I take nothing about how my conditions affect me or the affect my medication has on me.
  2. At last, the government have now finally decided on the distance that will be used to measure Enhanced mobility for PIP - it is agreed at 20 metres. This will once and for all weed out those that can walk the width of a football field yet are deemed so disabled that their mobility is seriously compromised and were awarded the highest rate of DLA mobility element. We are now going to see that only those that are truly the most disabled and vulnerable in society, mobility wise, being handed a free car. I can't wait to hear the screams and shouts from those part time walking stick owners and crutch wobblers that you hardly ever see the bottom of the stick/crutch touching the floor. Those that appear to be on their last leg one minute and yet are able to run around with their children the next. What fun we are going to have. As I have said before I will be the first in the queue to have my HRM & MRC taken off me when PIP goes national provided that the 10's of thousands of others do the same so that the money available in the PIP pot is directed only at those with the most serious of care needs and mobility issues. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251631/pip-mobility-consultation-government-response.pdf
  3. Its only taken 3 years, but I've now received a letter from FOS recommending my complaint be upheld. Looking back, I had a 3 year finance agreement on a car, with repayments of £312.20 per month between 2003 and 2006, of which roughly £40 was PPI. Without PPI, I would have repaid circa £272 a month. I'm trying to work out roughly what I'll be due back, providing the original lender doesn't challenge the decision. I'd like to know whether this PPI is classed as single premium PPI, or something else? Thanks.
  4. Hello.. I am new to the forum and would like some advice to enforce an employment tribunal decision for unfair dismissal and age discrimination in norfolk. I have been awarded a fairly substantial amount due to poor behaviour of the company in question, but the company are now saying that they do not have the funds to pay and have employed an Independent Insolvency Practitioner. I have some information that they may soon be entering into CVA. However, the company are still trading and appear on the face of it to have a steady income. I have arranged for the High Court Enforcement Officers to attend the commercial premises but the goods at the premises are very low value. I am not aware of any further assets. I have looked into a charging order for the premises, but it transpires that the premises are not owned by the company that my judgement is against, but a company outside the UK. I have also looked at a third party debt order, but the limited bank statements we have received from the company suggest they are in debt, so this may rule out this option. We also have some information that the directors of the company in question have set up another company to operate part of the business, so obviously this raises some concerns to me about transferring funds/assets etc. I am a bit at a loss as to what further I can do next..... are there any further options worth considering?.. Can action be taken against the directors of the company? This is causing a great deal of stress to me and my family, so any assistance would be greatly appreciated. I am happy to provide more information or clarify some points if required. Kind Regards J.Wallis
  5. Hi everybody, not posted here for a long time, hoping someone can help please? I opted for the automatic renewal on my car insurance policy (have done for several years) and then moved house. I rang to let them know new address but for some reason they sent documents to my old address and then cancelled the insurance, probably because the new owners returned the post rather than holding it for us. Not their fault really, I didn't go round often enough to pick it up. renewal date came and went, new house, new stressful job and depression intervened and I didn't chase it up, thinking my new policy documents would be in the pile of unopened post in the hall. three months later stopped for no insurance. Reinsured on the spot and the police officer let me drive the car home. I am on a low income at £6.50/hr and have engaged solicitors who reassured me that I have a strong 'special reasons' case. Although it is a strict liability, a successful argument could potentially lower the penalty, from 6 points and £200 fine, to either an 'absolute discharge' which stays on license for 6 months, or discretionary short ban, or, if not successful, 6-8 points and £200 fine. So far my £500 to the solicitors has paid for a representation to the issuing police, unsuccessfully. If it goes to court I am looking at at least a further £360 for representation. I am not in the pink financially, neither am I feeling brave. I am struggling to make this decision and could use some advice pls. Thanks for any replies.
  6. Hi all I had an IUC back in March which I'm appealing the decision of. It's all very sketchy. I've no idea if they intend to take me to court or not. I have the bundle of papers sent through and the transcript does not match up with what was said on the day so I need to request a copy of the tape too. My advocate also agrees there are things in there I did not say and things in there that the FIS didn't say. It's full of lies to say the least. Anyway that aside...about a week after my IS was stopped someone from DWP phoned me to confirm my bank details to start paying me CONTS IB. I wasn't asked to fill in any forms or anything so didn't have to actually state my living arrangements, however, I've now to be reassessed for ESA and I don't know what to do. If I put down on the form that I'm single and have a lodger/flatmate they may think I'm lying again and open another case and obviously I can't put down that I'm in a relationship because that's not true so what's the best thing to do? My mum seems to so think that by not claiming at all is an admission of guilt but I don't agree....they scared and bullied me at my IUC and really I want nothing more to do with them. I'm looking into selling my house, moving into somewhere cheaper and living off the profits or attending college. I realise this isn't a long term solution but it might see me through until all this investigation is over. Course all that is going to take time too, my mum said she would help me out but I don't want to rely on her for too long. I get high rate DLA care so will have to cut out the extra things I bought for my disability. My mortgage is nearly paid off and is just over £100 a month so I might just be able to manage. Does anyone have any advice please? Thank You
  7. Hi I phoned ESA on Monday to see if I would be receiving my payment today and whilst on the phone asked if they could tell me about results of medical and operator said the decision has gone in your favour. Had letter today failed medical zero points so phoned them again call centre had no record of sending me a failed letter out and took details for them to contact me back and no decision has been made. What is going on with these people I even asked him again "so the decision has gone in my favour" he said "yes the system has not updated yet and your file is with the payments section a letter is in the post" Benefit delivery centre said no decision has been made although I got zero points decision maker can overturn medical report and award ESA . So my question whats the best way to go about putting a complaint in. Thanks for any replies in advance Suebear
  8. Has anyone ever been successful? My ex husband has moved in with his girlfriend and her 4 kids which means my money has dropped by £17 per week. Its a big drop considering our children are aged 3 years and 2 years so I can only work part time at best because childcare costs are crippling even with extra funding my Health Visitor got for me. At the moment I'm back on full benefits as my little boy has been diagnosed with development delays and I couldn't juggle work and his various appointments The CSA said I could appeal the decision but few were successful and they warned me my money could drop even more as a result. Not sure what to do
  9. Back in 2008, DWP claimed that they had overpaid Income Support of £6500 between 2001 and 2003, and £8000 between 2004 and 2007, due to "savings" In March 2008 DWP claimed an over payment of approx £14500, they were asked to "look again" at their decision. Today, I have received 2 letters from DWP. The first says "Frther to the request for the decision about an overpayment issued on 03/08 to be looked at again ------ We have looked looked again at the facts and evidence used to make out decision, and as a result we have not changed our original decision" The second letter is similar, refers to decision March 2008, and states that they have changed their decision. They are now claiming an overpayment of £16500 between 04 and 07, but then go on to state "the total may include an amount that has been paid in error which is not recoverable". I assume this refers to payments between 06-07 that are marked as "Income Support Paid in error" I cannot believe that that are responding to my request to review after FIVE YEARS. and now state that I can appeal using form GL24, within ONE MONTH. Can anyone help me out. I am not aware of any overpayment. There were no savings, and during the period in question, IS was stopped several times, and documents provided to the DWP for the claim to be reassessed, and reinstated in each case. Claim for IS ended in 2007.
  10. Not for me. Advice on behalf of a relative. If you're appealing your ESA, are you still required to attend WFIs? Mum doesn't think the decision has been received yet. Well, she's not had a letter stating they've got it yet.
  11. Hi. This is my first post so I am sorry if it's in the wrong place. First of all I want to give a little background in the hope someone can offer a bit of advice. I am my wife's carer and have been for the last ten/eleven years, She current receives both the high rate components of the DLA benefit. This was made indef in 2007. She was also in receipt of incapacity benefit. In Nov 2012 we received the ESA 50. I filled it in with help and sent off a lot of supporting evidence in the form of letters from both of my wife O.T's stating her difficulties in both mobilizing for any distance on a flat level ground, trouble and difficulty in transferring from one seat to another without the help of someone else, they also stated facts that my wife suffers blackouts. And also bowl incontinence while awake. This was all backed up with a letter from her GP he also went onto say that my wife due to her disabilities could not care for herself. We have heard nothing until yesterday. We got the dreaded brown envelope. It states that she has been placed into the WRAG both contribution and income related. She did not have to attend a medical. It does not state on the letter anywhere how they made the decision or what they used to make the decision. I strongly believe my wife should be in the support group and I also believe we sent in enough evidence to support this. What to do next? does anyone have any thought? Kindest regards. nigel.
  12. Hi, I've got a Tribunal date this Friday, 15th Feb. I'm not going to be able to attend as my daughter isn't well. She has a very bad case of the flu which in turn has affected her asthma. I have no one else to look after her and she is too young to be left alone. I wanted to know if the tribunal will make a decision in my absence seen as I have provided them will all the evidence and paperwork needed. I did want to attend in person but there is no way I am going to be able to now. Please help, I'm very worried about it all!! Thank you!
  13. Hi, I've got a ESA tribunal coming up on the 15th February after I scored 0 points at the Atos assessment. I wondered if anybody knows how long the tribunal take to come to a decision. Will I be told there and then or via letter/phone call?? Needless to say, I'm very worried and any help will be much appreciated. Thank you.
  14. My son recently had an unfavourable decision from the Tribunal, with regards Disability Living Allowance. However, the decision had been reached without his presence, despite requesting an oral hearing. I immediately requested a Statement of Reasons, which took some 3 months to arrive and then gave much time and consideration to reading the Statement and finding grounds for lodging an appeal. One of the main grounds had been, my son requested oral hearing and spotted a few procedural error to add to my list, working on the basis if one fails perhaps the next more valid etc (may all be rubbish!?). Anyhow I sent it to the first tier tribunal, requesting leave to appeal to the upper tribunal and also requesting they accept my late appeal - giving reasons. Shortly afterwards, my son received a letter of acknowledgement and to advise him that it has been passed to the Circuit Judge? Is this normal practice - at what point do we get told if appeal is allowed? How long for the process to work through the system - to decision?? Any advice would be much appreciated. Thanks Nadia
  15. I was targeted by DWP staff after the Christmas holiday period for not having made enough effort over this period to look for work. 1. HR departments would have been on holiday so would not have been able to respond to my enquiries even if there were any jobs being advertised. 2. There were no jobs advertised in this period. 3. I did apply after the main Christmas week for jobs abroad as they were the only ones advertised. 4. My Personal advisor (DWP) queried my applying overseas. I explained I needed to fulfil the Jobseekers agreement. She then took a long time to scrutinise my logbook/ diary, went to a colleague to discuss my logbook, returned & claimed I had not made enough effort to look for work. 5. This was compounded by fact that I was not required to sign on 4 weeks over Xmas & New Year so could not be advised there might be a problem 6. To date the Decision makers have had my case for over TWO weeks and have not yet made a decision nor asked for any further information. 7. If they do find against me I will of course appeal but this should never have gone to decisions makers in the first place. 8. It is the fault of my Personal advisor, she did not have to refer this given the time of year and I do believe it is malicious.
  16. I was dismissed due to poor attendance and have been going through a lengthy appeal process. As the appeal process neared it's decision date I submitted an ET1 because I was running out of time. I am claiming unfair dismissal and disability discrimination due to failure to make reasonable adjustments. I was invited to without prejudice discussions a few days before the decision was due and around about the same time my claim was accepted by the ET. During these discussions, we explored options and it seems the most practical one is a CA (re-engagement was my #1 option but they seem reluctant to consider that). We agreed to meet again in a few days (now tomorrow) having both taken advice with regards to figures. In addition, I was asked to agree to suspend the appeal process (decision would have been due today) whilst without prejudice discussions continue. I agreed and we pushed back the decision date 3 days which allows us to meet again. So to the meat of my question. Should I have been asked to suspend the appeal process? Should I have agreed? It seems to me that if they make their decision on the appeal they are somewhat committing either way and both options (upheld or otherwise) have ramifications. I can see why it's in their interest to postpone it. I was given the impress that if I refused to suspend the process then I'd also be bringing an end to the without prejudice discussions and the chance of a CA. This wasn't plainly stated but I think I was deliberately given this impression because they fear to make their decision. Bear in mind that the 'without prejudice' discussion invitation came both just before the decision due date AND just as the ET3 was probably received. So either could be the trigger but I expect it's the ET3. If the discussion draws out further and they ask for another extension, should I refuse? If I refuse, is it likely it will terminate WP/CA discussions or is that just a smokescreen? I get the feeling if I force their hand on an appeal decision, they will just uphold, because that seems to carry the least ramifications. Yes, it would add the element of improper process to any claim but surely overturning the dismissal would admit liability. Am I reading too much into something that is merely pragmatism? Would like some objective viewpoints. Many thanks. Bonus question: What is the general advice around re-engagement? It's the box I ticked on my ET1 under 'what I want'. I know it's very rare for an ET to force a company to take an employee back. The organisation is huge and I am fairly capable so they can hardly claim there is no potential of posts IMO. Re-engagement is also intrinsic to my particular case, as I'd been asking for different duties for some time and highlight re-deployment as one of the #1 reasonable adjustments that should have been considered. Does that make any difference? Does their obvious reluctance to consider re-deployment (I am fairly confident they will say they considered it but it wasn't possible) weaken their position? Would a flat out refusal of re-engagement weaken it more? Bonus bonus question: Sorry My search terms have hit these forums a lot in the last few months and it seems like a knowledgeable and helpful community so I wanted to solicit some advice directly. Stream of consciousness here, forgive me. Vento bands. I'm having trouble placing my case. They seem.... crude. The final three months of my employment I was set attendance targets that were objectively unreasonable. This actually made me more ill. Failure to consider adjustments throughout the management of my illness prolonged difficulties. The last three months of this appeal has caused my considerable stress, my disorder is anxiety and depression based. Finally, when I was first diagnosed (several years back) my employer ignored the problem (they knew it was disability and it was causing my to have sickness) for a year or so until I had a total breakdown and was off work for 6 months. So I don't know what band that will qualify for. It's hard to get perspective when you're so close to all this. Sorry for the essay. I am grateful for any opinions or advice at all.
  17. Hi everyone I am carer for someone who suffers from uncontrolled grand mal epilepsy, osteo arthritis, COPD and asthma. He take a LOT of meds to try to control the epilepsy but the best it gets is between 6 and 8 seizures per week - can be more but never less than 6. His days are spent very drowsy through the meds, confused most of the time, memory is non existant. He is not safe to cook as he burns pans, he cant cut vegetables as he has cut himself through either confusion or having a seizure in the middle of trying to cook. He looses control of both his bowels and bladder when he has seizures, he has to sleep for 3 or 4 hours after each seizure. Just trying to give you a tiny bit of understanding what his life it like. On top of that, the osteo arthritis is bad enough that there are days he can't get out of his chair - I have to help him get to the toilet etc. He is in the transition between IB and ESA. I helped him fill in the long form they sent him and returned it. He was then asked to attend for a medical though ATOS deemed that he should have a home visit as he would have had to go down 24 stairs in the event of a fire which he could not do. He had the home visit by their doctor at end November. She was actually really nice and was sympathetic to his disabilities. She asked me a lot of the questions as she fully understood that just before, during and after a seizure he is in a state of total confusion, doesn't know where he is or even who I am. She said she was satisfied but that it was down to the decision maker to decide what happens next. He received the dreaded letter on 29th December but the letter is dated 17th December so that's 12 days gone of appeal to start with. The letter stated that he had been put into the work focussed group. neither of us could understand how this could be so he phoned ATOS. He spoke to a really helpful man who said that so many people are being put into the wrong group and that he should appeal. He said he would send the decision makers report so we could see how the decision was made and how to word the appeal. He in fact sent the report made by the doctor with her comments and ticks all through it. That turned up on Saturday 5th January so another load of days of appeal have gone. We both went to see his GP this morning who said that she supports his appeal and that he should have been put into the support group and not the work focussed group. She said that his disability will not get any better and that it is not feasable for ATOS to require him to attend work focussed interviews and even more so in that the time for the work focussed group is 365 days. Things are not going to be any better then, in fact they could well be worse through the stress of the work group. She is going to write a letter to this efffect in the hope it will help with his appeal. He also called ATOS and told them that they sent the doctors report but not the decision makers report which we need for appeal. He was told that would be with him by the end of the week (hopefully). I was looking at the doctors report and all the ticks throughout it. It is full of contradictions. The doctor ticked the box that states that a return to work in the long term is highly unlikely and wrote that he is drowsy all day because of meds and has 6-8 seizures per week. She wrote that in her opinion he cannot return to work even in the long term. She wrote on the first couple of pages things which we had both told her which is all correct - cannot cook unaided, cannot go to new or familiar places as he gets so confused he forgets where he is going etc and walks into traffic when he is close to having a seizure so has no awareness of hazzards. Problem is that as I looked through all the different question numbers (I think they are descriptors??) she has ticked something totally different e.g., it asks for a box to be ticked about problems going to unfamiliar places and familiar places but instead of ticking that he cannot do this unaided, she ticked that NONE OF THE ABOVE APPLIES. She also did this on several other of these questions. She has said one thing in her written part yet the opposite in the ticked boxes under the numbered points. Everything she was told tallies with what was written on the long form we had to fill in at the beginning which resulted in being asked to attend the medical! What on earth can be done about this? 1. How can we write an appeal that he has been put into the wrong group and should be in the support group and 2. How can we appeal against what has been done on the doctor's report? Apologies that this is long but trust me this is very condensed - just needed to let you see exactly what is going on. Thanks for any help and advice
  18. Posted on MSE and Pepipoo: PARKING ON PRIVATE LAND APPEALS PO Box 70748 London EC1P 1SN 0845 207 7700 [email protected] www.popla.org.uk Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on Private Land Appeals may be recorded 21 December 2012 Reference: 8763052662 BASFORDLAD (Appellant) -v- UKCPS Ltd (Operator) The Operator issued parking charge notice number 845662 arising out of the presence at Alma Leisure Park on 26 October 2012, of a vehicle with registration mark WV10 SYF. The Appellant appealed against liability for the parking charge. The Assessor considered the evidence of both parties and determined that the appeal be refused. The Assessor’s reasons are as set out. In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days. Details of how to pay will appear on previous correspondence from the operator. 8763052662 2 21 December 2012 Reasons for the Assessor’s Determination At 12.07 on 26 October 2012, the Operator issued a parking charge notice because the vehicle with registration mark WV10 SYF was parked in a disabled bay but the Operator's employee could not see a valid disabled badge on display. The employee then took a number of photographs of the vehicle. The Appellant does not appear to dispute this. The Operator's case is that the terms and conditions for parking are displayed on the site, and state that vehicles displaying a valid disabled badge may park in a disabled bay. Copies of the conditions have been produced. They also state that a failure to comply with the restrictions mean that the car park user agrees to a parking charge notice being issued. Photographs have also been enclosed showing that the terms and conditions are visible in various areas of the car park. These are dated 26 November 2012, a month after the parking charge notice was issued, however the Appellant does not appear to dispute that there were signs on 26 October 2012 or that he did not know the requirement to show a disabled badge when parking in a disabled bay. The Operator submits that the Appellant parked in a disabled bay without displaying a valid disabled badge. In the case summary the Operator refers to the copy of the parking charge notice, however it was not submitted with their evidence. Nevertheless, it does appear to be agreed (or at least not disputed) that the parking charge notice was issued to the vehicle in the car park of the Alma Leisure Park in Chesterfield. The Appellant made representations but does not offer any submissions on the facts of the appeal, and neither party has enclosed the representations sent to the Operator. The Operator states that photographs taken by the employee show that a disabled badge was not visible. This is accepted, as it appears that the vehicle is clearly parked in a disabled bay without a disabled badge on display. Although the Appellant does not make any factual submissions whatsoever, he does make various legal submissions. One such submission is that the parking charge is not a genuine pre-estimate of loss, and that the Operator has not actually suffered any loss on this occasion. The Operator's response to this was that there was enclosed a costs sheet to show the calculation of the genuine pre-estimate of loss, however there was none attached to their submission. For the reasons set out below this is not relevant. A further point made by the Appellant in relation to whether the parking charge is a genuine pre-estimate of loss is that the charge is actually a penalty. The Operator submits that, a penalty has been defined in the courts as a sum that is in excess of the damage caused by non-performance of an obligation under the terms of a contract. The Operator submits that in any case, the charge is not a genuine preestimate of loss because it is an invoice that the Appellant agreed to pay, for the use of a disabled space in which the vehicle was parked without a disabled badge. Another statement by the Appellant is that if the parking charge amounts to a genuine pre-estimate of loss, the amount of the loss should not change from £60 for the first 14 days and rise to £100 thereafter. The Operator responded that the genuine pre-estimate of loss is £100, however that there is a discount if the charge is paid within the first 14 days. In addition, the Appellant states that if the parking charge is a genuine preestimate of loss, the amount should vary for different breaches of the terms and conditions, for example parking over a white line or overstaying. The Operator does not respond to this point. The legal submissions of the Appellant set out above are not accepted. The Appellant parked the vehicle in the car park, thereby agreeing to the contractual terms and conditions displayed on the signs. These included the condition that vehicles may only park in a disabled bay if a valid disabled badge was displayed. Another term of the contract was that if the vehicle was parked without complying with the conditions of the contract, the motorist agreed to pay a parking charge of £100 (or £60 if paid within 14 days). The submissions I believe the Operator is trying to make is not that the Appellant has breached the contract giving rise to damages, as the Appellant appears to believe, but that the Operator is seeking to enforce the contract. This is because the Operator is seeking payment of the charge which the Appellant accepted as a term of the contract by parking his vehicle at Alma Leisure Park. The contract cannot now in effect be renegotiated. The parking charge is therefore not classed as damages or a penalty for breach, either of which might be linked to actual loss resulting from a breach and would need the Operator to prove that the parking charge was a genuine pre-estimate of loss. The Appellant mentions the equitable principle that "one must come to equity with clean hands", and that the Operator is acting dishonestly as they cannot legally recover the parking charge so therefore does not have "clean hands". However the law of equity is not relevant to the appeal and therefore this has been disregarded. Finally, the Appellant quotes Vehicle Control Services (VCS) v HMRC [2012] UKUT 129 (TCC), stating that Operators cannot create contracts with motorists if they do not own or have any proprietary interest in the land. The Operator submits that the authority produced shows that the occupier of the car park has given them the power to manage the car park. In addition, the Operator submits that the signs stating that motorists who park are entering into a contract with the Operator show that a valid contract was created between the Operator and the Appellant. I am inclined to disagree, and instead following the reasoning applied in VCS v HMRC, that the Operator cannot offer the right to park as it has already been offered by the occupier, in this case as use of the car park is free. However the Operator acts as an agent for the occupier of the land, and a valid contract was created although it is between the Appellant and the occupier. Therefore in attempting to recover the parking charge in this case, the Operator is acting on behalf of the occupier as permitted by the authority, and does not need to show a proprietary interest. The Appellant further submits that under the Unfair Terms in Consumer Contracts Regulations 1999, parking charges are unfair terms as the contracts are not individually negotiated and causes significant imbalance in the relations of the parties, to the motorist’s detriment. However as the terms and conditions of the contract are clearly displayed and the Appellant is therefore deemed to have been aware of the terms, if the Appellant did not agree he would have had the option to park elsewhere. Therefore the Unfair Terms in Consumer Contracts Regulations 1999 are not relevant on this occasion. The Appellant not having disputed or referred to the facts in any way, I must find as a fact that, at the material time, a valid disabled badge was required to be displayed on the vehicle but was not visible. This was a breach of the terms and conditions of parking. Accordingly, on this particular occasion, the appeal must be refused. Shona Watson Assessor
  19. I'm not gonna ask "how long until I get a decision?" because that's unfair and no one here will know. What I wouldn't mind knowing is if anyone has currently got an outstanding complaint, how long it's been ongoing and what stage it's at? Mine is approaching 15 months since I complained to the FOS and is still awaiting allocation to an adjudicator...
  20. Hi I've been unemployed since February and am on JSA. i applied for help with my mortgage and a consolidated loan on the house. After months of going backwards and forwards, I finally have the decision that they will help with my mortgage but not the loan. I have been paying minimum amounts on the loan each month, but now they're getting grumpy as I owe over 1k. I had hoped that the DWP would be willing to help me out on both counts. However they've said that they won't pay towards this as it's debt consolidation and not considered essential under their rules. I can't afford to pay the loan company, so want to/need to urgently appeal against their decision, I have the form, but I really don't know what to put in for my appeal? Can anyone give me any suggestions? I could end up losing my house over it all and it's really getting to me as I fought hard with my ex over keeping the house and now I could lose it. Please can someone give me some idea/help with what I can use to appeal? thanks Mary
  21. hi everyone.hope we can get some help here i lodged a complaint with above back in 2011 with regard to extra charges and a balance that blemain claim is outstanding. we had a secured loan on property over an 84 month period.we made payments every month but when i was made redundant we had to pay on a different date from the original one.blemain kept sending letters at £35 a time and this was a separate issue and they have now agreed to re credit these once ombudsman was involved. however they will not answer as to why there is a large sum outstanding on the loan when we have made all the payments.we now have a deadline to accept the final decision or lose blemains offer of charges refund. i have emailed fos but they keep saying they cannot do anymore. please can anybody help asap??? regards mark
  22. Please can anyone advise on this. I had my DLA reduced on renewal from mrc/lrm to lrc/lrm. I asked for a reconsideration as they had dismissed my night needs. Today I have just heard (they do time them to arrive at a weekend don't they, all mine have) that they have disallowed any award at all. I saw somewhere that the reconsideration is backdated to the date of the original decision, can anyone help with if this is true and will they be wanting me to pay back the original renewal amount? Thing is I am now likely to lose my home, I can't pay my rent or bills on what little incapacity benefit I have and I can't buy food so I am absolutely in a quandry. I shall be appealing, though I have no expectation of winning I now have nothing to lose but I am worried in case they want me to repay the DLA. As ever I am indebted for your help.
  23. Hi All, I am new to this site and I hope that you will all be able to read, understand and help me with my employment issue that I am experiencing at the moment. I am a senior department manager for a large and well known high street brand. I have worked for the company in total for around 11 years with a break of 1 year to do some travelling. I have worked my way from a basic Saturday retail job through various promotions to where I am now. It is a long story, but will try to keep it as brief as possible without missing out any information. So here it goes.... On the 21st July I was called into the office for an investigation. I had no idea that this was taking place. There was a manager from another store there to do the note taking of the meeting and my store manager was performing the investigative meeting. This was a total shock to me and I had a work colleague there with me. The reason i was told for this meeting was "there seems to be some lack of accountability for some items of lost property" Some background to this - I have been responsible for sorting and disposing of any unclaimed lost property of 3 months or older. I sort through this, anything like odd shoes goes either in the bin or to a charity called "New life". Anything anyone else could make use of, employees take it. Anything that doesn't get taken, gets taken to the charity shop. Now as soon as I was told the reason for the meeting, I panicked (as i have never been in this situation throughout my career) and denied taking any of the items for my personal use. The meeting went on, with CCTV footage of me sorting through the lost property and me walking out of the store with it. In the end, I was backed into a corner and had to admit I took some items (after which i don't even know why i denied it in the first place as it is common practice) I had to admit it, as the store manager and assistant manager had been in to where the lost property was kept, took photos of every item in there, ASKED ME to go in and sort the lost property out. I took 5 items of the lost property for my partner but she did not want these so i put them on ebay for 99p. The store manager had screen shots of my ebay account of these 5 items and the photos of the lost property items they took before. In the end I was suspended from work with full pay pending investigation. During the investigation I did state that the person conducting the meeting ALSO took items from lost property, as well as other employees. My disciplinary invite came through for the meeting to take place on the 27th July with another store manager in another location. During this wait up to this day, I was stressed, depressed, anxcious, naucious, couldn't sleep, couldn' teat etc. The letter stated I had breached 4 accounts of gross misconduct. 1. Theft and fraud from the company 2. Breach of company policy and procedures - Removal of company property without the store managers permission. 3. Breach of Trust 4. Breach of staff purchase procedure (this wasn't in relation to the lost property) With this letter I was sent witness statements from 4 other employees. The first was from a manager at the same level as me (who I had put in a grievance against the year previously and was upheld - bullying and harrassment). Dated 19th July 2012. other 3 were dated 20th July. The day I had sorted the lost property was 13th July. One of the statements was in regards to lost property from the 20th JUNE! I was also sent screen shots of my ebay account. I was not sent any copies of the photos they had taken and used in the investigation, or the CCTV. The disciplinary date arrived and I was very scared at what the outcome was going to be, as I have been in the company for a long time, and never ever been in this situation before. However I must say the person conducting the Disciplinary hearing was very calming and stated "this is new for you, and it is new for me. I usually do the appeal stages, not this stage" His questions were very much in "support" for me. such as. 1- Have you ever had a proper formal training session on how to dispose of lost property. 2-Has the store manager or assistant manager ever actually stated they wanted it disposing of in a certain way? 3- Do you feel you was in a "blessed" position, getting to see what there was before anyone else. His answers to my representatives questions were also in my favour. E.G Question - Can you tell me where in the lost property procedure it states the procedure for disposing of lost property? Answer - NO, Because there isn't one as far as i am aware. Question - Where does it state, lost property is company property? Answer - Dunno! Will need to get clarification. After this meeting, which the notes were only 18 pages long (investigation notes were 27 pages long), plus never went through any of the witness statements or CCTV etc. I felt pretty relieved. HOWEVER, my disciplinary meeting was a week ago now, and i still have had no information or decision. I called the person up who conducted the DH and he said he had passed everything on to head office and it should come directly to me. I tried to call head office the day after, to which it went straight to answer machine. I left a message but no-one has been in touch. Basically, I am starting to go out of my mind, and the stress is starting to take its toll on me. What are all your thoughts on this situation, and how long do you think i should leave it before i start chasing the decision up more? Obviously i do not want to aggrevate the situation, but this is seriously starting to affect my health and my home life. All comments and thoughts are welcome..... Thank you for reading!
  24. Hi I had to attend the ATOS medical centre for a review. I am currently on ESA in the "support group" due to clinical depression and severe anxiety. I had the review over 4 weeks ago now and am anxious to know of the outcome. The review was a fairly quick affair after I handed over a letter from the the Consultant psychiatrist who is treating me.. In the letter he gave information that I was under his care and would not be fit for work for some months... No mental health questions were asked of me during the ATOS medical.. I am sick with worry now that nearly 5 weeks have passed and I have not been made aware of the outcome of the medical review. Can anyone please help ? Thanks .
  25. Just a quickie. My wife failed once again to qualify for AA. The reason cited by the DWP was because of the GP's report. As of yet we are undecided as if she wants to appeal, or put in another fresh claim in 6 months time. She cannot cope with appeals. Unfortunately, it seems that the report was completed by another GP in the practice who failed to notice the reports that had been received from the consultant that clearly indicated substantial needs day and night. I asked the GP for a copy of the report that was sent. That was last Tuesday. On Friday, I had another load of excuses as to why they had not been able to print it off - so I told them that I would be back in an hour. Before that hour was up the surgery telephoned to say that it would be towards the end of next week before it could be printed off. The next thing my wife had was a telephone call from the DWP, who let slip that the GP had been attemting to discuss my wife's claim with them without my wife's knowledge or permission. We put a stop to that as no one had permission to discuss anything with anybody. Is it normal or acceptable for a GP to try and interfere with a claim that had been sent in? If so on what grounds? Even I am not allowed to discuss my wife's claim with them without her express permission. I shall now wait until late next week to collect the copy medical report just to see exactly was put on it. Then I have advised my wife to raise an official complaint with the Health Authority as to the GP's actions. Then take it from there.
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