Jump to content
  • Tweets

  • Posts

    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 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 
      • 16 replies

ESA - Help and advice needed.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3627 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 everyone,


I'm a newbie to the site =) I have a few q's I was hoping someone in the know might be able to help me with.


I was told that if you are going to be in the work related limited capability group rather than the support group after an assessment your appointment for the next medical is made then and there. Is this true?


I was also wondering what the average waiting time is for a decision maker to decide on entitlement for ESA is and is there an emergency ESA fund for people in financial distress?

Share this post

Link to post
Share on other sites

I'll try and answer this as best I can.


I was told that if you are going to be in the work related limited capability group rather than the support group after an assessment your appointment for the next medical is made then and there. Is this true?


Not strictly true although it's probably not impossible for that to happen.


Originally it was envisioned for ESA that after the 'Limited capability for work' test (This decides whether you are entitled to ESA. You need to satisfy the 'limited capability for work' test in order to stay on ESA.) If you passed you would after a 15 minute break then undergo the 'Limited capability for work-related activity' test (This is only relevant if you pass the 'limited capability for work' test and so are entitled to ESA. It determines whether you go into the 'work-related activity group' or the 'support group' )


In practice (due to various reasons) this 'Limited capability for work-related activity' test would not happen straight after but have to be done at a different date so a new appointment would need to be booked. This is why I say you could be asked to book it there and then, but it's not a certainty and it's just as likely that you may have to wait on a decision on whether you've passed the 'Limited capability for work' test before being called back.


I was also wondering what the average waiting time is for a decision maker to decide on entitlement for ESA is and is there an emergency ESA fund for people in financial distress?


You could apply for a crisis loan if you meet the criteria? - I don't know much about then but if you search this board there will be plenty of information on them if somebody else doesn't add to this 1st.


You really need to give a bit more information on where you are in the ESA process before anyone can answer this with any certainty


There's a delay between 1st application and being awarded/paid the assessment rate. Delays in payment can also be caused by sending in Fit notes/medical certifications late whilst in the assessment phase. As well as a delay if you appeal a decision. So a bit more info may get you some better advice.

Share this post

Link to post
Share on other sites

Hiya, thanks for that =) after reading that claimants were given the second medical test immediately after the first, I assumed that I was either in the support group or had failed.


I am a new ESA claimant but claimed JSA beforehand.


After I applied for ESA I was told I was not eligible because I was in full time education (but I haven't been since 2008 due to health issues) I then asked for a reconsideration as they did not have the correct info but uni took their time getting the relevant info together. I finally got uni to e-mail the info to me today so I could fax it over to the BDC in Birmingham and are now awaiting the outcome 10 weeks after applying. I have had no money for 10 weeks other than what I got for my bday and crisis loan for food but that doesn't cover bills :-(. Aaaaaaaaanywho, in the meantime I had my medical assessment yesterday and do not know what happens next. The nurse didn't tell me whether I had gotten 15 points or scored 0, if she doesn't know the outcome then how soon will I find out from DWP??? this process baffles me no end. Sorry if I sound a bit dense but this is all new to me.

Share this post

Link to post
Share on other sites

Don't worry about it as it's a very confusing process and very few of us understand it :!:


Sounds complicated did you get any advice or help with the them thinking you were in Education problem?


To be honest I can't suggest anything on that (as I honestly don't know) except to call them to make sure that they've received it and ask them how long it will take? can anybody else advise here?


As for the 'Limited capability for work' result can be anything from 2 weeks plus.


The way ESA works is you are in what's called the Assessment phase from claiming until week 13 (this is paid at the same rate as JSA). If you pass the 'Limited capability for work' test you then can be put into either of the 2 groups and you get a premium on top of around £30 :whoo:


Now if you don't pass this test you have a few options


1, try and claim JSA

2, Appeal - if you appeal as soon as your appeal letter reaches them you should go back onto the assessment rate


Advice for appealing can be found in Honey Bees thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information


I'll also offer up this page (it has some advice on how to contact help services as well) http://www.mssociety.org.uk/get_involved/policy_campaigns/key_issues/benefits_and_work/esa_appeals.html


If you continue to have problems or are told that you have not passed the 'Limited capability for work' test then try to find some help.


Places to find help can be found listed on your councils website or you can google search for your local CAB and Welfare Rights organisations. There are some national charities/legal services which offer advice lines etc as well and if you have a specific condition some smaller charities have tailored advice for specific benefit so are worth finding.


It helps!

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...