Jump to content


  • Tweets

  • Posts

    • Piers aint that bad (recently amended opinion)
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
    • I'll reply more fully  later as I'm about to go out. But meantime who was this person who you allowed to drive your car? How did you know him? Was he insured to drive your car? If you are to defend the matter we need to find out if you have a reasonable chance of success.
    • I think it particularly telling that overweight poopulist Tory **** whos worst experience on missing a meal is missing out on cake, biscuit and tea for elevensese between free breakfast and free lunch, and who voted as a decidedly overweight whole to leave British children hungry, STILL claim that its age and obesity, not their own policies and practices, that have generating the 'world beating' British death rates.   Perhaps they are leading up to claiming that them voting for children to go hungry was part of the health drive to reduce the childrens risk of catching Covid? Wouldn't put it past them.    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Checking a GP with the GMC


Please note that this topic has not had any new posts for the last 3678 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

 

After reading this fantastic site and offering my own help, i have realized there is something i need help with.

I want to check that the GP who conducted my WCA is qualified to deal with mental health issues, i have to fight my own appeal

Do we have a Template letter and address of the GMC so that I can ask

Link to post
Share on other sites

Rob, Erika advised someone the other day that the Health Care Professional only has to be qualified to carry out a WCA, not specifically in mental health, sorry. This comes up regularly on the forum. I'll look for the other thread and post a link for you.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi

Its ok and thank anyway i eventually found what i was looking for

Have to say that is a farce if the guy doesn't have any ability with mental Health issues then how can he relate what the op is telling him to a working environment

Link to post
Share on other sites

If you're appealing and can't get a benefits caseworker to help you, then you need to take a two pronged approach to tackling the appeal.

 

Firstly pick apart the medical report. The more inaccuracies and errors you can pick out the better. This questions the credibility of the examining doctor/health professional in the eyes of the tribunal. In this part you can point out that no questions were asked that could give sufficient information to make an assessment on mental health descriptors. Usually underneath each descriptor on the medical their will be answers you gave or observations they made to justify their decision. These are often really idiotic. For instance in 'coping with change' they may have justified with 'was well kempt and arrived on time' - if you read the descriptor, this is has no relevance whatsoever to whether a person can cope with change, so when making the appeal submission, you would point out that no information was requested in order to assess this descriptor. Rinse and repeat for as many as possible. The tribunal put a lot of stock in the medical reports - unless you tear them down before making the case of what descriptors do apply to you. The tribunal make a decision based on a balance of probabilities, and you need to show them that on balance, your evidence is better and more reliable than the atos report.

 

Secondly, get as much medical evidence relevant to the ESA descriptors that you think you score on, or on any exceptional circumstances that apply to you. People make the mistake of getting their doctor to describe their illnesses and say they're not fit for work - this isn't enough. To have the best case you need evidence directly related to the descriptors. Even if this means you ask the doctor to complete a questionnaire asking 'with your knowledge of patient's condition, do you believe he would have problems with x,y or z (x,y and z being the descriptors in question).

 

You then use all this info to write a submission. A submission usually goes something like this - name and national insurance number at the top. An opening line stating your case - I am appealing on the grounds that I should have scored x points on the esa work capability assessment, entitling me to employment support allowance and placing me in the work related activity group. A paragraph giving a short history of your condition. A section explaining the errors and inaccuracies in the medical report as described above. Then a paragraph for each descriptor that applies to you. I usually quote the descriptor in bold, and then underneath give real life examples of how the person fulfills the descriptor and make reference to any attached evidence related to the descriptor.

 

You don't need to discredit the gp who did the medical, just the medical report itself.

 

Link to descriptors http://www.benefitsnow.co.uk/esa/limitedcapability.asp

Link to post
Share on other sites
May I just add that my sticky on the 'front page' of the Benefits forum has a template for arguing how the descriptor points are wrong.

 

HB

 

Sorry, honeybee, I should have put a link to it, didm't remember it had a template on it.

Link to post
Share on other sites

Thanks everybody

Have to say that my problem is more technical than not scoring points i have enough points. But the DM has said that because my armchair at home [i was WCA/medically assessed at home] has an electric motor and i was able to push the buttons that means i have no problems in standing up or sitting down [oh and move to a second chair, even though the second chair would also have to be fitted with a motor]. He is infect saying that the word Something, which is what a chair motor is has the same meaning as Somebody [which i take to mean a human person and is the word used in the regs in terms of assistance]. I need to find out what meaning the regulations under law have given to the meaning of the word Somebody i.e. is it meant to be the same as something or visa versa [the OED has listed each word as having a separate meaning]? As a result of the DM's decision I am in the WRAG group and feel that i should be in the Support Group?

I have also asked for a second WCA on account of my condition is now worse [toilet habits and paralysis] siting DMG 07/10 para 14 [i sent them a copy of the DM Guidance. but they wont let me have one and say that any second WCA is discretionary at the interpretation of the DM [apparently under Reg 31 & Reg 14]

I do like the notion that an adult nappy is a receptical and of course don't stop me voiding my bowels and having to travel around for the rest of the day with a nappy full [i can get dressed unattended or unassisted or wipe my bum at the moment]

 

I found this when looking at the regs to describe sitting standing etc

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person. (15 points)

They appear to have given me the points but then told me that i am in the WRAG because i got out of the chair with my motor

BTW the DWP wont write to me anymore let alone answer my questions

Edited by Roblynmouth
Link to post
Share on other sites

The word "somebody" is not defined within the regulations. It should therefore carry it's ordinary everyday meaning.

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)

 

 

 

 

Link to post
Share on other sites

Hi

Yer i figure that but the DM is very sure of him self.

I did find the latest Chief medical officers advice also refers to 'without receiving phsyical assistance from somebody else' and that was dated August 2010

Sp i suppose i will have to wait until my appeal in the mean time i have to travel to these useless Working link interviews where they turn their eyes to the sky when i 'walk' through the door as they are expected to get me into work.

I also think i have scored another 15 points for my Toilet problem which is probably why the DM wont let me have a second WCA?

Link to post
Share on other sites

My take on your situation is different from your adviser. My understanding of the regs is that you should be assessed on an upright chair, not on a chair with adaptations - can you get up from an ordinary upright dining chair without assistance? Whether you can get up from an adapted armchair is irrelevant.

 

Also being unable to control voiding is not related to whether you are emptying your bowels into an adult nappy or not. It is the act of being unable to control bowels or bladder that is important.

 

It sounds as if your adviser is confused with dla, where adaptations and ability to cope yourself with toilet problems do count when doing an assessment.

Edited by leemack
Link to post
Share on other sites

This is all good stuff

Sadly the Chief medical officers has advised that the getting up from a chair is not relevant to the workplace, this is planned to reflected in changes to the ESA2008 act.

However on the good news front my claim for ESA was made before any proposed changes so any new changes do not affect me

However it does mean that my Toilet problem has more resonance than my getting out of a chair.

Link to post
Share on other sites

Yes the changes are a bit crazy - as if workers do not need to be able to get up from a chair! Under the current regs they do refer to an appropriate aid. Not sure if they still consider the chair to be without arms or with arms, but this seems irrelevant if you need a special chair in order to be able to stand up.

 

I would say a specialised chair goes beyond aid or reasonable adaptation that can be made in the workplace - for instance the need to have two specially adapted chairs in order to transfer between one to another without assistance - how does the person transfer to the toilet without assistance in the workplace, even if they start from a wheelchair from which they don't have to be able to rise.

 

The definition of 'upright chair' has been determined in a few commissioners decisions for the PCA, and I believe still applies to the esa assessment - though I don't have time to look for them right now, I'll try later. I would have thought it would be relatively easy to win at tribunal with the commissioners definition of upright chair, and pointing out that your assessment was done on an adapted chair. They will also have the benefit of seeing you and how you cope with chairs.

 

Are the DWP actually assessing your worsening condition?

Edited by leemack
Link to post
Share on other sites
But the DM has said that because my armchair at home [i was WCA/medically assessed at home] has an electric motor and i was able to push the buttons that means i have no problems in standing up or sitting down [oh and move to a second chair, even though the second chair would also have to be fitted with a motor].

 

I'm curious - how do you get in and out of your car? You posted about a NIP for running a red light while you were driving. Does your car seat assist you to get in and out as well?

 

You also claim to have 4 degrees yet can hardly string a coherent post together. I think you're on a windup. Are you yet another oldestrocker/andyandflo alter ego?

Edited by Two4Tuesday

If my posts have been helpful, please click the star icon and add to my reputation points. Thanks! :-D

Link to post
Share on other sites

First the Car, i can drive and my wife helps me and out of the car which is automatic, also the seat has a cushion fitted that inflates and turns.

No they wont let me have a second WCA which i requested as the problems of my toilet and temporary paralysis has occurred since my original WCA [ i figured that they are refusing a second WCA is that my points value would go up to around 45 and as i have no control over voiding my bowels that would a definite no no for ability to work etc]. I am also the person who cost the DWP millions in changes to their procedures because of my complaint to the Information Commissioners Office last year, which i won and has cost them loads to put their systems right. So i dont expect them to agree to anything i want.

No my own chair is not an upright its is a recliner armchair fitted with two motors, and no i cannot get upright from a normal upright office chair.

If i am in my motorized scooter i can travel to a loo but cannot use one due to my inability to get up right and transfer myself to the loo, afterwards i am unable to clean myself. I also cannot get out of my scooter unaided

Edited by Roblynmouth
Link to post
Share on other sites
First the Car, i can drive and my wife helps me and out of the car which is automatic, also the seat has a cushion fitted that inflates and turns.

No they wont let me have a second WCA which i requested as the problems of my toilet and temporary paralysis has occurred since my original WCA [ i figured that they are refusing a second WCA is that my points value would go up to around 45 and as i have no control over voiding my bowels that would a definite no no for ability to work etc]. I am also the person who cost the DWP millions in changes to their procedures because of my complaint to the Information Commissioners Office last year, which i won and has cost them loads to put their systems right. So i dont expect them to agree to anything i want.

No my own chair is not an upright its is a recliner armchair fitted with two motors, and no i cannot get upright from a normal upright office chair.

If i am in my motorized scooter i can travel to a loo but cannot use one due to my inability to get up right and transfer myself to the loo, afterwards i am unable to clean myself. I also cannot get out of my scooter unaided

 

Have they given you a decision, or letter saying they refuse to assess you? ie something you can appeal.

 

If not get a letter from your doctor explaining your new issues. Write a letter to the dwp asking for a revision of their decision to support group from the date your condition changed. Once you have an actual decision, you can appeal it and request that both appeals are looked at together. I've never tried it for esa, but its worth asking - you would request this directly from the tribunal service once you have made your second appeal.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...