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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I appreciate the DWP are probably a little busy but I'm having a frustrating time getting through on the New Claims number. Have been phoning frequently on Friday and today with no avail. Unfortunately, my phone is a bit knackered and after 40 minutes on hold I have to hang up and recharge the pesky thing. I'm now getting myself a little worried as I'll run out of money on Thursday and have to consider turning my heating off (I'm very heat dependent). Is there another way of claiming? Like the old fashioned way of going into a Job Centre and filling out a form? Also I'm very uncertain as to how the Crisis Loan system works. Can I apply for one whilst not being in receipt of benefits? (Just in case I still can't get an application registered). Can my BDC help at all? Will my claim be back dated a week or two? :???:

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Your BDC can't take a claim for ESA directly, but will be able to give you the Crisis Loans number - it's possible that's handled by a different BDC. Up here in the Glasgow area, for example, there's one that does nothing but Social Fund stuff. You don't have to be on benefit to receive a CL, but it's probably harder to get one if you're not as they'd not be sure you could repay it.

 

I believe you can still claim ESA using paper form ESA1 via a Jobcentre (you could when I worked there, but that was more than a year ago now) but it's slower, so if at all possible to get through on the 0800 claim number, that's the way I'd recommend.

 

This didn't exist back in the day, but it's also possible to download form ESA1 online. You do need to be able to print it, though. Try here at directgov.

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PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Let us know how it goes, Rae.

 

The Site Team thing is pretty recent, as in, a couple of days ago :-)

 

/act Antone strokes white cat while plotting world domination...

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Hi Rae.

 

I see you have managed to get through to ESA. In case you still need a Crisis loan before your ESA is processed:

 

You can get a Crisis Loan to meet your immediate living expenses whilst waiting for a new claim to benefit to be processed. It's known as an 'alignment to benefit'. There is a single number for Crisis Loans now as it is operated on a 'virtual network' with offices throughout the country answering calls. It's free from mobiles and landlines. The number is 0800 032 7952. The lines are open Monday to Friday from 8am to 6pm. It's better to phone before 9am as the lines are constantly busy and it's easier to get through early in the morning. Explain to them that you are waiting for ESA to be processed and have no funds to meet your needs. They will ask you how much you think you need to cover what time period and will go through a list of questions with you and ask if there are other resources. You will get a decision the same day. If you are successful, they will award you up to two weeks of 60% of your personal allowance (If you normally get £67.50 ESA a week they will give you up to £81.00). They will either pay the funds into your account by same day electronic payment, or arrange for you to collect a cheque at a local jobcentre for cashing at the post office nearest to the jobcentre. The crisis loan will be repaid from your ESA at a rate of up to 12% of your weekly benefit.

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

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Thankyou for all that info, Erika. By strange coincidence I've just done all that. My goodness, there was an awfull lot of questions! They did get a little confused as this is my third consecutive ESA claim but once they understood they were fine. Have to pick up at my Job Centre tomorrow. At least I can relax a bit and keep the heating on!

Once again, thankyou all so much ... :)

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Yes, it can feel like an interrogation when applying for a Crisis Loan. They had to toughen up on them from April this year because they way things were going, it was predicted that the Social Fund would have folded by this month as there was little money left. I applied for one 7 years ago and it felt like an interrogation then and was extremely difficult to obtain one so goodness knows what it is like now!

 

I'm glad you have been able to get sorted out, one less thing to worry about for a while. Is this round three with ESA?

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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It is indeed round three! Hard to imagine that I started out in August 2009 and am still plugging away. I did feel sorry for the Chairman and Doctor at my last Tribunal. They were visibily upset when they had to give the 'fail' verdict. The Doc said "Rae, everything I've seen, everything I've heard and everything I've read is exactly what I would expect from someone with lung efficiency reduced to your level". I have since learnt that there is a mechanism in place for the Tribunal to flag anomolies like my case up the line as I'm slipping through the net each time. Maybe they did this afterwards. Either way, when I fail my next Tribunal, I'll be asking them if they could flag my case up as an example where the descriptors are just too rigid... :|

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You never know! Unless, of course, there's been wholesale changes to the descriptors I do strongly suspect how I'll fare. But that's the nature of the beast and it's the rules we have to work with...

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Just a little update. Spoke to the DWP today as I had a query. Although there's still paperwork to come, they have already processed my claim and payments recommence later this week. Very very pleased - and releived! :)

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With that kind of speedy service, it must have been my old team that processed your claim :lol:

 

Good to hear.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 4 months later...

I can't be the only one. So, confess now, who else is stuck waiting to see ATOSH for their null points report? I'm currently at Week 24 without even the sniff of an ESA50.

Can't blame my poor old BDC, they're just overwhelmed with the IB migration. Who's bright idea was that?!

Is it worth flagging up to our political Masters? It ain't working chaps ... :-x

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Crikey, antarctica, you're making me look positively impatient! Before the IB migration started it was unusual for the ESA50 not to arrive during the first 8 weeks or so and the ATOSH nonsense about week 14-16 ...

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Well they did schedule one a few months before, but I had a few issues with attending it so it had to be rescheduled. :)

 

Even though I have agoraphobia, they said that the fares for my escort had to come out of my own pocket. We complained, but not before they had cut off my ESA of course for non attendance.

 

Eventually we got them to pay for a taxi there and back.

 

Then when I finally got my "medical" with ATOS, they scored me 6 points. The "health care professional" marked each of my medications down as "normal" amounts.

 

What does that mean exactly? - is it normal to be on medication?

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I think that "normal amounts" means that people with your disability would be on it; but it's the normal amount. Meaning, they think you're not so disabled that you can't function with more than the normal dose.

 

That's my take on it anyway, which may not be right.

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still waiting a reply to my FOI request on medial appointment priorities, but it seems these waiting times are region dependent, as the 2 medicals I had booked this year were a 10 day wait and 3 week wait respectively.

 

One was a IB to ESA migration, other was for a new ESA claim which had no entitlement to assessment rate.

 

Personally given that the assessment rate has no interviews (or at least should not) and its possible to get 3 month sick notes, I actually dont think its a too bad thing to be stuck on it provided you can live on the lower rate of money, its certianly better than been entitled to nothing. The alternative is that the assessment comes quickly and you could fail then losing entitlement.

 

My theory until proven otherwise is this for priorities of assessments.

 

joint 1 - IB to ESA migrations. Especially long term IB with max age addition payments.

joint 1 - New ESA claims when dont qualify for assessment rate.

2 - ESA support group claimants due for reassessment, these I heard dont usually have any significant delay.

3 - ESA WRAG due for reassessment.

4 - New ESA claims that pay assessment rate whilst waiting.

 

If its a simple first come first served basis with no prioritisation then there must be just huge variations between regions workload.

Edited by worried33
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