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    • I used to have a retail outlet in London selling my husband's photography.  We also had a co-op with staff so they weren't directly employed by me, but I paid for the other overheads etc.  When my husband died, I carried on as usual for a while but then I became ill and moved quite far away so logistically was becoming very difficult.  I came to an arrangement (verbal) with one of the guys I trusted, that I would send him the images to print and sell as normal, and I wouldn't take any money, as a short term solution until I got back on my feet and worked out the best way to do things. He would pay all the  rent, insurance etc... Over a year later, not able to give things away for free anymore,  I drew up a contract as a wholesale agreement, so I would get everything printed and sent to him and I would invoice his for what he ordered. I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
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ESA/Pathway to Work interview!


mazbck
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Ive been claiming ESA since end of May. I dont get anything at the moment, as an ex-employer hadnt filed returns for 06/07. My P60 was sent to HMRC NI contribution Centre for proof I was working, and ut should be getting sorted out very soon.

 

I got a letter in today, requesting me to a Pathway to Work interview. My doctor says Im not allowed to work until the get a proper diagnosis, I have Post Viral Fatigue sydrome, plus I keep getting infections, and my bloods are all over the place. Im supposed to have complete rest(well as best as I can, which is hard with a disabled son!)

 

Does anyone know what these interviews are about, or has anyone been to one?

 

What can I expect?

 

It says on the letter my benefit could be affected if I dont attend, but I dont get anything at the moment from them.

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What they mean by your benefit could be affected is that when they begin to pay you it will be backdated, but they could sanction some of your benefit money that you would have been entitled to.

 

Pathways to work is a programme for all ESA claimants. You will have to attend 6 work focussed interviews. You have to attend and "take part" in them. Taking part simply means co-operating, answering the questions etc. It doesn't mean you are expected to go straight out after it and secure a job, and isn't aimed at forcing you back to work. It is about exploring options. It is compulsory, but if you are unable to attend the appointment on that particular day, you can ask to have it deferred to a later date.

 

They will ask questions such as

 

  • your educational qualifications and vocational training;
  • your work history;
  • your aspirations for future work;
  • your skills that are relevant to work;
  • your work-related abilities;
  • your caring or childcare responsibilities;
  • any paid or unpaid work that you are undertaking.

And you may discuss the following:

 

 

  • any activity that you are willing to undertake which may make obtaining or remaining in work more likely;
  • any such activity that you may have previously undertaken;
  • any progress that you may have made towards remaining in or obtaining work;
  • any work-focused health-related assessment that you may have taken part in;
  • your opinion as to the extent to which the ability to remain in or obtain work is restricted by your physical or mental condition.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Pathways to Work

 

 

Pathways to Work is specifically designed to help people who have a health condition or disability into employment. As well as offering practical support such as training and job search activities, it also helps people to understand and manage their health condition or disability so that they are confident about finding a job.

 

What help will I receive?

When you join the programme, you will have a work-focused interview with your Personal Adviser. This will give you the opportunity to identify future life and work goals, and will highlight whether you need to take up some or all of the support that Pathways to Work offer

 

Take a look at Pathways to Work.

the Pathways to work interviews, also called work focused interviews, are compulsory for those called to them. Failure to attend a Pathways interview without "good cause" may result in a claimant's benefit being "sanctioned" (reduced). The claimant also has to participate in the interview which basically means answering questions the adviser asks re previous work history, health problems, qualifications etc.

 

you only have to attend and participate in the meetings but you cannot be compelled to carry out any activity after, or between the interviews, even if you have "agreed" to do so. Most (but not all) ESA claimants are required to attend Pathways interviews and for a first claim normally have to attend a series of 6 of these! the fact that your doctor hasnt had a proper diagnosis doesn't mean you shouldn't have been called to a Pathways interview. This is quite common in fact and the initial Pathways interview is scheduled for approximately week 8 of a new ESA claim.

 

Hope this helps

Edited by bazak1

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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I dont mind that I have an interview, although I dont know how they are going to help me understand or manage my condition/illness when my own docotr doesnt even know what it is :)

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Cant say as i understand this myself, but you know what its like. if its in their "manual", they have to abide by it.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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  • 3 weeks later...

Ive been to several and my advisor has been very helpful, if fact my back to work advisor helped me with a claim for DLA for a very complicated and not very reconised condition and it was sucessful, you've probably attended by now anyway but this is the first time Ive ever felt qualified enough to comment on a post. Dont worry and consentrate on getting well and looking after your son, a far more worthy cause.

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Mazbck, Don't know if you have had your interview by now but there is really nothing to worry about. You don't mention whether or not you have been assessed, ie attended a Medical examination. After the assessment you will hear shortly after if you have been awarded ESA. If so you will get all monies backdated to the day you made the claim. As has already been mentioned here, the Work focussed interview is simply a way of determining how you feel about being able to take on some work and how they may be able to help you achieve this. The Adviser can give you help towards fares/petrol etc to attend Job interviews ( Remember to supply receipts ). Just one more point to consider! If you are in receipt of Disability Premium on a claim for JSA, this Premium is taken away until a person has been assessed and you don't get this returned, you lose it full stop! However, if after the assessment you are found to be eligible for ESA, rather than 60-50p per week this is raised to 89-80 per week. And you benefit from the extra help from your adviser. It's complicated but that's government agencies for you! Good luck!

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Im still waiting to hear about the medical, and they changed my meeting til next week! I even had to get my MP to sort out the fiasco and lies I had been told by the Jobcentre regarding my money.

 

As for the work focussed interview, Im waiting to go into the Hosptial in regards to my illness, so I will tell the lassie interviewing me, so hopefully, nothing will be done until Ive been.

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Well the interview went well today, they have deferred any action for 3 months as my illness is under investigation with a specialist. The only thing Im worried about now is the ATOS medical in 3 weeks.

 

According to the advisor today a lot of the medicals are getting knocked back by the ATOS doctors, but are then successful on appeal.

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yes they are failing a lot of people, my rants n moans on other threads are just one of many, my only advice would be to take someone with you to the medical and make sure that the doctor listens and looks at you, make them understand if you can, and if your not happy then complain immediately, but take someone with you to sit in on it all. If by any chance you get a doctor called Jane Reading i would be very interested to hear how you got on.

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Hi Mazbck

 

I went to one of their medicals about 4 months ago.. I have two things going on, 1st is arthritis in my spine and the second is that Im Biploar. The doctor that interviewed me was really nice, it took ages to go through everything, but at the end of the day if you get a doctor that listens it will go through well. They take loads of information, they ask about mobility etc, and medications that sort of thing. I took loads of information with me, consultant letters etc.

 

On the whole, dont worry about things, they are trying to sort out the people that can work from those that cant.

 

As for ESA, Ive been going through hell since january with them, the DWP have made one cock up after another and its still no where near sorted. However, keep plodding through, the people on this site are a huge help.

 

Take care and dont worry.

 

lynne

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WOW -Result, got a letter in from local jobcentre manager today,with an apology and telling me he was sending a £25.00 special payment for all the hassle and phonecalls Ive had to do to get the claim sorted out!!

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  • 2 weeks later...

Well todays the day of the dreaded ESA Medical with ATOS, good news for me is that after falling down the stairs Im now in crutches and my physiotherapist has said my left knee is knackered and that only surgery can fix it. I fell when I got dizzy with all the painkillers I have to take.

 

Ive got a stinking cold due to my lack on immune system and feel like Ive been run over by a number 22 bus!!!

 

Who is on for taking bets they 'fail me' lol?

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  • 1 month later...
bs0lth are you really saying that ATOS are fair? You must be a very trusting person. They are saying everyone can work even if they do class them as limited capability. I only left work in June and have a crushed spine plus degenerative bone disorder but hey ho, according to ATOS this could improve! And yes the lady was nice who I say and yes she said I could not walk, had limited movement in upper body but the results are the same, unless you are in a coma 24/7 you can go back to work.
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UPDATE - Got letter in Last week saying I wasnt getting anything and that I was fit for work!!! The notes mention degenerative muscosleletal problem, CFS/ME, I cant sit for more than 30 minutes, or stand for long without discomfort. Yet the ATOS doc says Im fit for work :mad:. So I MAY be fit for work, but it could only be 1 day out of a month.

 

I was told by my 'benefits advisor' I could either appeal or sign on JSA, but what employer is going to employ someone who at the moment is unwell and would need a lot of time off for appointments and therapy!!!

 

My appeal is in along with a letter from my doctor, physiotherapy and specialist stating my problems.

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Mazbck I do feel so for you. This is what they are like. They are using computer software to generate unsuitable questions that result in the answer they want. I mean if I said to you can you stand you would say yes but if I asked you how long for that would be a very different story. The answers the computer wants is yes or no. ATOS is reknowned for being a software generated industry who took its criteria from the USA medical insurance claims which are set up to fail 99% of claimants. Do not let them get to you even though it makes you weep. Get in touch with your MP

Edited by ErikaPNP
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Leahkins & Mazbck, Been reading about your experiences. The whole system is flawed and many wrong decisions have been made by Atos medical teams. I was one of the lucky ones, but having said that, I suffered a loss of 325 pounds during the assessment phase. Unfortunately, Atos are committed to a quota system set by the government. Only a certain number of claimants will be successful, this is the governments direction not the fault of Atos. Obviously, Atos will make some mistakes aswell. Since my claim, even though it was successful I have complained not just on my behalf but on behalf of other claimants. As I have already said the system is seriously flawed and improvements are needed and quickly! I have complained to my local MP, complained directly to DWP and the PM. It even got to the stage where I complained to the Independent Case Examiner. After many months I have been awarded 350 pounds by DWP. It does pay to complain, particularly if you feel Atos have made the wrong decision, complain to all the above I have mentioned and as a last resort, complain to Independent Case Examiner, this usually brings results. I had rejection after rejection, but you have to follow the correct complaints procedure. Anyone not sure what to do, please ask, I'll help all I can. Best of luck, and don't give up hope.

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Two things infuriate me about ESA, one is that the standard to have so-called 'limited capability for work' is harsher than that for being 'incapable of work', so even people with quite serious health problems are now eligible for JSA only. But in practice they are likely to be not eligible for JSA either as they cannot meet the availability-for-work requirements.

 

The second is that for someone on DLA, the rate of ESA for the first 13-weeks is lower than the amount of JSA or income support because there is no disability premium. The amount of JSA or income support is what the law says you need to live on – the DWP use this phrase themselves. Therefore the amount of ESA is nearly £30 less than the law says you need to live on, assuming you are eligible for it at all.

 

We are very close to being back to a society that condems the sick and disabled to starvation thanks to ill-informed or made up tabloid articles.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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JOSHhd Thank you for your kind response. I am not sure what you mean by lucky. I still get ESA and my report shows I am disabled but they still hold a bizarre idea that I can work with help. I have only just given up 14 weeks ago and am 55yrs of age. Their logic is non existent. Why would I give up work if I could work? I have complained to all the right people but it will still not change a fundamentally cruel system. The software is designed to fail 99% into groups 1 and 2 leaving only 10% in the support group. The public will believe that disabled people are pretending and there will be less respect for suffering than there ever has been.

Edited by ErikaPNP
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Hi Zamzara,

Don't know if you read my earlier comments. Basically, I had problems with a reduction in benefit due to changing from JSA to ESA. I lost about 25 pounds a week. I was badly advised by the local jobcentre who assured me that there would be no change to the level of benefit. As stated, when the change came through I realized that my benefit had been reduced. I immediately phoned DWP to complain. I initially got fobbed off and received many replies which mainly consisted of rules etc. Not once did they address my complaint that I had been badly advised, they just didn't care. I kept on and on, I wrote letters, emailed DWP at their London address, contacted my local MP. I basically became a thorn in their side. Finally, I got the result I wanted and DWP have made me a payment to cover my loss. My advice to anyone is to keep on complaining even though you may get refused over and over again.

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I agree to keep complaining. I never stop but the bottom line is this is a cruel and evil rule and it is not going to change by individual's complaining, it is going to change only by a mass following. The government are determined to make this Little America and so will the next government. Lord Freud said himself how amazing it was that all us disabled people had been wrapped up and kept from working! How ill informed is that for an MP?

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  • 1 month later...

Great News - Letter came in yesterday (my birthday too) and I have WON my appeal, I have been put into the higher rate support group band and benefit difference is getting backdated to 27th August. YEAH!!!:D

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