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    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
    • bit obv really... don't eat yellow snow either.   dx  
    • I know you are trivialising this as, 'Ambulance Chasing Lawyers', because they are perceived to be involved. You mention BMW (other brands as well). Counterfeit car and truck parts have been implicated, and proven to be the cause, of accidents where fatalities have occurred.   There is some considerable difference between a set of counterfeit brake pads and a fake SD Card.   The trademark infringement though, is the same.   H
    • One hope in this growing mess is that local authorities, mainly in the north west so far, like Liverpool, are developing their own systems to test and trace, filling in the gaps of what Serco et al are missing.   But they're doing it with precious little in the way of funding. In the meantime it looks as if Serco [I think it's them] will be given more hundreds of millions on top of the £100 million that hasn't been effective so far in a couple of weeks. Given that the PM has swanned off to Scotland for a couple of weeks this isn't looking good.
    • i've known 10yrs of DD's to be refunded. the company must prove a valid contract for the period. no proof the DD's all get refunded   dx  
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    • 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.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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fdyrangr

No longer entitled to ESA??

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I went for my medical assessment with ATOS over 2 months ago. The woman kept me for 10 minutes and didn't ask me a single thing related to my capability to work. I am claiming for mental health difficulties. She hardly asked me anything related to my disability either, then told me after 10 mins that she had all the info she needed. I called DWP and requested a copy of the report but never received one.

 

Anyway today I received a letter saying that after the medical assessment it has been decided that I have no limited capability to work so am no longer entitled to ESA!! What?! On the 'written statement of reasons' it said that the decision has been worked out based on the questionnaire I filled out and the 10min appointment with ATOS. the boxes 'info from your doctor' and 'other info from you' were left unticked, so I am in the process of writing to them to tell them to contact my doctor for accurate info, to complain about the ATOS assessment and to supply them with more info.

 

My question is, is it okay to give them a 14 page rant of a letter? I just want to give them as much info as possible because they are absolutely wrong. It's ridiculous. Every reason they gave me for me not being entitled to it was wrong as the things they said do not apply to me do apply. They apply to the extent that they ruin every aspect of my life, in fact :confused:

 

Also, I know that you can appeal as well as request that the decision is reassessed. What is best to do, request that it is reassessed then appeal if a letter comes back with the same decision, just appeal without requesting that the decision is re-looked at, or submit an appeal and a request for the decision to be reassessed at the same time? Hmm...

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Appeal it. When you appeal, they reconsider it as part of the appeals process anyway. Also, on appeal they reinstate your benefit at the assessment rate.

 

The 14 page letter is fine - attach it to your appeal. As long as it all contains facts to back up your claim, it's important. A rant won't help you nor hinder you - they are used to rants, but will take little heed of it unless it contains facts about your limited capability or it is in the form of a complaint against DWP, in which case they should respond to it as a complaint. Just be aware though that everything you send in relation your claim is also sent to the Tribunals Service if it goes on to tribunal. If the "rant" contains any threats (direct or indirect) then this will be taken further to establish if there is a potential risk to staff.


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My question is, is it okay to give them a 14 page rant of a letter? I just want to give them as much info as possible because they are absolutely wrong. It's ridiculous. Every reason they gave me for me not being entitled to it was wrong as the things they said do not apply to me do apply. They apply to the extent that they ruin every aspect of my life, in fact :confused:

 

Also, I know that you can appeal as well as request that the decision is reassessed. What is best to do, request that it is reassessed then appeal if a letter comes back with the same decision, just appeal without requesting that the decision is re-looked at, or submit an appeal and a request for the decision to be reassessed at the same time? Hmm...

 

The 14 page rant? Don't do it. At least, not at the same time as you appeal. If you want to make a complaint, send it to the Customer Services section and ideally, keep it clear and concise. The people who process your benefit (and are the first people to deal with the mail) don't have the power to change anything or even, necessarily, respond to your complaint.

 

If you feel your appeal must be very long, I'd put a summary on the front:

 

"This is an appeal against your decision of DD/MM/YYYY. I believe this decision is wrong because:

 

  • Basic reason 1
  • Basic reason 2
  • ..."

You can then add the more detailed information.

 

That way, the processors can see it's an appeal, that it's valid and signed, and they can get your benefit back in payment. The appeals tribunal can consider all the details. Edit to add: The Decision Maker mentioned below should also consider these details.

 

As to your other question, a reconsideration is an automatic part of the appeals process. So submit an appeal as soon as possible - the DWP Decision Maker will look at your case for a reconsideration before it goes for a full appeal.


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