Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Esa - after how many weeks on esa do you have a medical?


ronaldo7
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4571 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been on JSA© for 5 months, my doctor will give me a sick note (probably 1 month sicknote at a time) for depression/anxiety from being made redundant etc, so I can apply for a claim for ESA, I just need a few weeks without hassle for JCP staff giving me grief at the moment, I am not looking to receive a financial gain. I have a few questions:

 

I note that the assessment phase is for the first 13 weeks, I will definately not be on ESA for longer than 13 weeks, probably more like 9-10 weeks, I do intend to find a position afer this period.

 

1) What is the weekly process of how the ESA works.

 

2) Is the initial 13 week assessment phase based on your doctors sick note (will I have to attend the jobcentre in these weeks)?

 

3) At how many weeks into the ESA claim will the work-focused interview with a jobcentre plus advisor happen?

 

4) At how many weeks into the ESA claim does the Work Capability Assessment start?

 

5) At how many weeks into the ESA claim will I be sent for a medical assessment?

 

I am aware of al the standard procedures that should happen from Direct.gov website etc, I want to know peoples real life experiences to the above questions.

 

Apologies, for the long first post, thanks in advance to any replies.

Link to post
Share on other sites

I've known assessments be as early as 8 weeks, or as late as 6 months and anything inbetween. The med cert covers you until you get the result of the assessment. My first work focused interview was about 16 weeks in.

 

You start on the assessment rate, you receive an ESA50 work capability assessment to complete - this can be anytime in the first 13 weeks. You send it back, the DWP may contact your GP. You receive an appointment for an atos assessment, you attend the assessment. 2-8 weeks later you get the result. At some point you have a work focused interview.

Link to post
Share on other sites

The medical assessment and work capacity are the same thing. It starts after 13 weeks.

 

Thanks for Clearing that up.

 

I've known assessments be as early as 8 weeks, or as late as 6 months and anything inbetween. The med cert covers you until you get the result of the assessment. My first work focused interview was about 16 weeks in.

 

You start on the assessment rate, you receive an ESA50 work capability assessment to complete - this can be anytime in the first 13 weeks. You send it back, the DWP may contact your GP. You receive an appointment for an atos assessment, you attend the assessment. 2-8 weeks later you get the result. At some point you have a work focused interview.

 

 

 

Cheers leemack, thats very helpful, and full answer, very appreciated.

 

At what week did you have the actual medical assesment at atos?

Link to post
Share on other sites

Wish they $%^&*( would! :evil:

Rae

 

Be careful what you wish for - a GP who didn't know me just put one condition down - I have about 10! Luckily, my medications really speak for themselves, otherwise the GP report would have screwed me.

Link to post
Share on other sites

Yes, the earliest medical I saw was 8 weeks in. But if you're looking to delay it, then they give you 6 weeks to return the esa50 - until you return it you won't have a medical (though you do need to return it within the time limit). The medical at 8 weeks was for someone who had received their ESA50 at 5 weeks and sent it straight back.

Link to post
Share on other sites

Yes, the earliest medical I saw was 8 weeks in. But if you're looking to delay it, then they give you 6 weeks to return the esa50 - until you return it you won't have a medical (though you do need to return it within the time limit). The medical at 8 weeks was for someone who had received their ESA50 at 5 weeks and sent it straight back.

 

Thanks again, brilliant, I will look to delay as long. I appreciate your help.

Link to post
Share on other sites

That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

Edited by achvour
Link to post
Share on other sites

That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

 

I've noticed lot of your posts are very scathing about benefit claimants and portray the few as the many. How do you know all of these people who are taking advantage of the system?

Link to post
Share on other sites

I've noticed lot of your posts are very scathing about benefit claimants and portray the few as the many. How do you know all of these people who are taking advantage of the system?

 

I think he may be one. he's a well-known troll on another website.

Link to post
Share on other sites

  • 5 months later...

Any advice would be appreciated my daughter as stuggled for 10 years with depression and takes medication for it she as just lost her job they may have chosen her for redundancy due to her having a lot of time off due to her depression. She applied for ESA on 1st September she approached her GP for a sick note he as given her one for 8 weeks back dated to the 1st September he said it would be difficult to give her another sick note after this period as ESA are not liking GP`s issuing them out for depression as a lot of people with depression manage to work with it.

 

I find this disgusting that mental health is being dismissed by anyone as a reason not to work, ESA was awarded pending a sick note being sent in and depression was the only thing put down on the claim form, will my daughter require further sick notes after this 8 week sick notes runs out? to be able to carry on receiving ESA?

 

She is under 24 and lives in a 2 bedroomed private rented home she is already having the upset of not receiving full rent allowance she is entitled to £48.50 per week of the £80 a week rent as she lives alone and is under 25 and all she is to get on ESA is £53 a week yet this does not even cover her basic standards of living then they wonder why peoples mental health worsens, on top of this the council have sent her a bill for council tax still owing and want £37 a month for this out of the £53 she gets a week.

 

A woman at the council said a lot of single girls are getting pregnant as this seems an escape route to getting full rent and not being forced into work till their child is 5 this is unbelievable but I can understand it

 

The thought of even being made to look for work let alone do any work as left her very anxious she isn`t sleeping

Edited by Laura Cooke
Link to post
Share on other sites

That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

 

Its almost like this is what the Government want to happen.

They save money as you lose a part of your benefit, but you also don't increase the unemployment as you don't go back to signing on.

Not that I'm being cynical.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...