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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Hi

 

At the moment I have just gone over from Income related JSA to ESA.

 

I was getting help with my mortgage interest payments on JSA (and this has been transferred over whilst claiming ESA) I believe this can continue for 104 weeks on JSA - is it the same time span if I stay on ESA.

 

Thanks

 

Lilly

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Hi

 

My ESA so called medical will be coming up soon - and I expect to fail it (be prepared is my motto), and I will appeal.

 

What happens to my ESA payment if I fail, and go to appeal, will I have to revert back to JSA and keep signing on whilst I appeal.

 

Thanks

 

Lilly

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From what i have learned, you must send in a gl24 appeal form with a doctors sick note asap after you are refused (if you are refused) and state you wish to recieve ESA at the basic rate pending appeal/tribunal. Thats where i am now.

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Welcome to the site.

Please read some of the info in the stickies at the top of this forum.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello there.

 

I think CharlieAdam is right. If you appeal, you should receive the Assessment rate of ESA while the appeal is being looked at. As Martin said, the sticky about appeals and tribunals should help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 3 weeks later...

Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

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Hi

 

I have been on ESA for 12 weeks, I sent in the ESA form mid December, but so far have not heard a thing, are they waiting to see if I get issued with another certificate due at the end of this month or just busy?

 

I did not send any medical evidence as I do not have any, only my GP and councillors name, as well as descriptions on how my illness effects me, I was honest and did not make anything up.

Not sure what I will do if they fail me, and put me back on JSA, as I know I could not hold down a job (not at the moment anyway.)

 

Lilly

Your assessment period is thirteen weeks, so you will not have heard anything yet, It was four months for me from submitting the form to getting the ATOS assessment.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I would not worry as yet.

 

I have been on assessment rate ESA since last June and returned my ESA50 form to them at the beginning of September. I finally got a phone call last week with a date for my assessment appointment for the start of next month - though I may have to change the date as I have another appointment I've just been informed about that is the same day and, if I miss that, the next available one isn't until sometime in April!!

 

I have sent in medical certificates continuously - though they lost one in October and I only found out when my money didn't arrive (I got a duplicate from the GP and took it into the job centre the same day, they copied it and registered it as received on their system - the money arrived the following day) and my present one covers me until the middle of March.

 

In total, since submitting my form until the offered date of ATOS assessment, it's been 5 months!!

 

Feebee_71

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  • 1 month later...

Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week.

If I fail do I stay on the £67 a week whilst I appeal.

 

Any advice would be great.

 

Lily

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Hi

 

I have been claiming ESA since Nov 7th sent ESA medical form in Dec 19th still waiting to be called for medical.

 

Do not expect to pass as my illness is depression along with some other problems - and how hard is this to prove, when people with cancer are being passed fit.

 

Although I shall appeal, because I simply know as does my GP and Councillor that I am not fit to work.

 

Couple of questions - how long before I get called for the medical - My medical was about two months after I sent the ESA50 form in.

 

Should I pass - does my money get back dated from the day I started to claim, or to the end of the 13th week. - Unsure. Someone will confirm this shortly.

 

If I fail do I stay on the £67 a week whilst I appeal. - Yes. You will still receive the £67 per week 'Assessment Rate' of ESA, while you appeal.

 

Any advice would be great.

 

Lily

 

Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

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Hi,

 

My answers are in bold.

 

Having been through the appeal process once before (am going through a second appeal as we speak), my best advice to you would be to expect to 'fail' the medical and focus on your appeal / gathering supporting evidence.

 

See Honeybee's helpful appeal advice thread here -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information(3-Viewing)-nbsp

 

Hope this helps.

 

:)

 

 

Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

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Great help - thank you very much.

Yes, I am expecting to fail.

 

Lily

 

You're welcome.

 

Don't let them stress you out. I appreciate that this is easier said than done!

 

It's all a waiting game, and we all have to play them at their own 'game' sadly, while trying to focus on getting well.

 

Good Luck.

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Apparently (I read on here), the DWP are clamping down on mental health issues (just what mentally ill people need).

 

ie - They will want to see at the Appeal stage, that you are proactively seeking / receiving treatment, be that therapy or something similar.

 

Focus on asking your GP / Therapist / specialists for a supporting letter, which states your condition / medication / treatment.

 

With representation (Ask for this NOW, from your local CAB / CLS), between 60 and 70% of people are winning their ESA Appeals.

 

All the best.

 

 

I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

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I am receiving Counselling but it is not going well, they are talking of moving me over to a pshychtiarist (sp)!!

 

I have no one to help with the appeal if I manage to follow the help on here is it possible to go it alone.

I struggle to talk to strangers about my illness anyway.

 

Yes, I am worried sick the scare stories of what is being expected of people is beyond belief.

 

Lily

 

Hi,

 

Sorry to read that your Counselling isn't going so well. As you are undoubtedly already aware, often these things are tougher before they get easier.

 

It is certainly possible to go it alone with the appeal, but I would advise asking the CAB for some help. That's what they are there for!

 

They will take the pressure off. They can help with preparing your appeal, and may even attend the hearing with you.

 

I know where you're coming from, regarding talking to strangers, but the CAB are there to help you.

 

The lady helping with my appeal at the CAB is lovely. She's a 'Community Legal Service Welfare Rights Advisor'. She will also attend my hearing with me, and I'm sure if you ask them, you'll be able to get some help too.

 

Not only will they take a load off, your chances of winning your appeal will increase from about 20% (going alone), to around 70% (with representation)!

 

:)

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

Illegitimi non carborundum

 

 

 

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Hello Lily.

 

I had/have mental problems and I can tell you that the best thing that happened to me was being sent to a psychiatrist at the local NHS Mental Health team. When people were giving me a hard time about being absolutely fine when I wasn't, she fought tooth and nail for me.

 

There was also team social workers who were very good too.

 

Yes, you can do it alone, but if you can get support from the CAB or Welfare Rights your job will be easier. If not, there's help here as you know. When I had my appeal and tribunal, I hadn't found CAG or the CAB or Welfare Rights. My OH was a great help and wrote the submission that is now the forum template for a tribunal, and we won :).

 

HB x

 

Thanks HB I feel a bit better after that.

At the moment I am receiving cognitive therapy, but it is not working (sadly my issues go back donkeys years) whilst I was married I managed to keep them buried - but all the stress from losing my partner, my mum, my business in all 2 years have just taken its toll and I feel mentally and physically dead - also being 55 on JSA (as I was) was soul destroying, as no one wanted to offer me a job - I never even got replies from the countless applications = even my job centre wanted to pass me on to another area, as I was a blot on their books.

All goes to make you feel really good about yourself.

 

I have found a welfare rights in my area as well as a law centre which offers free help and specialises in benefits so, I will wait to first get the medical, and then go from there.

I think the CAB are absolutely stretched it is so hard to even get to see them - mind you the WR place only takes calls once a week between 2 and 4!

 

Anyway I shall try my best - as there is no other option open to me.

 

Thanks

Lily

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

Illegitimi non carborundum

 

 

 

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Hello again.

 

CBT doesn't work for everybody, it made me worse. Just keep plodding on the way you are, one day at a time. It sounds as if you have quite a lot of help one way and another.

 

HB x

 

Funny that HB - one day at a time has become my motto.

I am glad you said CBT does not work for everyone - I thought it was me.

I have problems writing down my day to day events (because often there aren't any) - I don't want to keep a diary also I have got passed that stage of achieving something and feeling good - these days I feel zilch.

I don't look at the positives as positives, they are just things that get done.

 

So I use all of my cups instead of washing the same one time and time again - I know I should not, but I do.

 

All in all I wonder how I got to 55 because at the moment breathing is a struggle.

 

Lily

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