Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Shadowmaru

DLA - Can I appeal against decision and is it worth it?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3766 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

I put in a claim for DLA on the 8th of May this year due to the fact that I have several problems that restrict my mobility and balance. All of which came on since around November last year.

 

I received a letter dated the 29th of July, today saying I am not eligable for any of the components of DLA.

 

I have two dessicated discs in my lumbar region and facet joint disease in the same area which was diagnosed when I had a MRI scan of my back after the Back Specialist I see up the local hospital was examining my back when I was sent up there for physio by my GP and I nearly went through the roof with how much it hurt.

 

I have a copy of the MRI report which states this problem.

 

I also see a Neurologist about poly neuropathy which the cause of at this time is unknown but I have had several tests to find out the cause including, MRIs, Blood Test, Nerve Conductivity Tests repeatedly, all which havent shown the cause yet except for the blood tests showing a lack of B12 in my body which now means every 3 months I get an injections of the vitamin from the nurse at my GPs.

 

I've also had a Lumbar Puncture and a sural nerve biopsy to try and figure out what the cause of the neuropathy is. I haven't received the results of these tests yet but I told the DLA that they were coming but apparently they couldn't wait on them.

 

I also have alot of trouble with my right hand now. I can't write for more than 5 minutes without my hand seizing up which means cooking a meal is fun as is cleaning and washing up.

 

I have a diagnosis for my hand not including the neuropathy which doesn't help matters. I've been told by the Orthapaedic Consultant who I see who specialises in hand/arm problems that it is DeQurvains Syndrome. I have tried everything to get this treated, I've worn splits, had a cortisone injection which made no difference except for my hand/wrist to hurt for 7 days non stop.

 

Apparently the decision maker made the decision that I can get up and down the stairs fine in my own time. Which is wrong I have to use either the stairlift if I am at home or if I'm out and there is a lift avaliable use that. If no lift is avaliable I am unable to get to where I am supposed to go.

 

Walking is a task an a half since my back hurts when I walk and I cant walk for long because of the neuropathy in my legs which makes them feel numb and my balance is affected.

 

I used to be able to walk to the bus stop to get into town. Now I have to get a taxi since walking to the bus stop which is a 5 minute walk for healthy people takes me about 25 to 35 minutes now.

 

Apparently they contacted my neurologist and my GP yet they didn't seem to be bothered to contact the Back Specialist I see up the same hospital. I only know this since they had me nag the both of them to get the letter to them faster when my Neurologist took a month to reply to their letter.

 

I also have asthma and my right kneecap likes to wander off in it's own direction at times (aka Patellofemoral Maltracking) which means it swells up and hurts some days worse than others. I mentioned all this in my claim yet I was still turned down.

 

I should mention I never once saw a DLA doctor to talk about this.

I also use a stick to help me walk now as I can't walk far without it as I look like a drunk when I do. My balance is messed up since I can't feel my feet properly.

 

Can I appeal against the decision or is it not worth the trouble.

 

Thanks in advance for any help.

Share this post


Link to post
Share on other sites

You certainly should have had ahome visit from their Doctor although it does depend what you put on the application. When filling it in you have to concentrate on your worst days.I you say that youhave good and bad days it will not help. Try and get a local Social Services rep to go through the form with you before you appeal but it sounds like you need to. Good luck!


IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

Share this post


Link to post
Share on other sites

Hi,

yes you should appeal. See if you can find a group / charity which helps with filling in the forms and appeals.

 

Or contact Diac who should be able to help you with this.

 

Good luck

Share this post


Link to post
Share on other sites

Thanks for the replies.

 

I've also now got an ESA Medical tomorrow with ATOS (Yey isn't that going to be fun.... Especially since they've cancelled on me once when I had already been in the waiting room half an hour already.)

 

Anyway, can/will they take the ATOS medical into consideration if I put an appeal to DLA. Even though it's not nothing to do with DLA and it's ESA it's all still part of the DWP...when they get the report that is. Can they use this?

 

Thanks again.

Share this post


Link to post
Share on other sites

I had a home medical at home for my DLA and got high rate mobility low care. I then applied for ESA and have to travel 15 miles to have a medical assessment. I questioned this and bought up the subject but they don`t seem able to liase with each other. I also supplied them with a 28 page Harley Street Consultants report confirming my condition and inability to work (he came down to a local hospital to see me) but I still have to go!!


IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

Share this post


Link to post
Share on other sites

By the way I`ve been cancelled twice,once as my friend who had taken time off to take me was getting me in the car!!


IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

Share this post


Link to post
Share on other sites

DLA is turning down more claims than ever before these days. The light at the end of the tunnel is that a large proportion of these refusals are overturned (in the claimants favour) at appeal.

 

So yes, it IS worth appealing, however I'd get representation if you are finding it difficult. You can enlist the help of CAB or your Local Welfare Rights representation unit for free. You can find these services through your local council.

 

It is worth bearing in mind that DLA isn't paid on the basis of your diagnosis, as it is awarded based on the level of assistance a person requires with care or mobility rather than what the diagnosis is.


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)

 

 

 

 

Share this post


Link to post
Share on other sites

Sadly, yours is a common story with DLA applications. I had a similar experience with a claim for my daughter. Fortunately, I am a writer and researcher by trade and I took it upon myself to do my research and write a compelling appeal letter. 12 weeks later she was granted DLA at the highest rate and payments were backdated to the date of the original claim.

 

Since then I have been helping others with their appeal letters through my business. We have been very successful with the appeals (6 out of 8 have had the decision changed) but unfortunately, I am not able to provide this service free of charge yet because it is a very lengthy process and takes time away from my other work, but I hope to do so in the not too distant future.

 

You are absolutely entitled to DLA mobility and I recommend you stick with it and appeal. Research the Decision Makers Guide (this is the guide used to determine claims) and write a concise and detailed appeal letter providing any documentary evidence (doctors reports etc) to evidence that you meet the criteria from the DMG.

Edited by the_shadow
URL removed

Share this post


Link to post
Share on other sites

Yes I would appeal, my son is currently appealing his refusal at the moment, and I would strongly reccommend that you contact your local Welfare Benefits officer and they can help you put the appeal together.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...