Jump to content


  • Tweets

  • Posts

    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
  • 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

Announcement: ESA claimants now have the option of having their WCA recorded


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

Thread Locked

because no one has posted on it for the last 3612 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

 

 

 

The bottom line was to emphasise on me that following my assessment there will be no immediate decision made that will result in me losing my benefit and she wanted to categorically state that no way would my benefit be stopped without me being told beforehand, as that was not how they do things in that office. She said that if I failed to score 15 points, they would make a decision and then contact me to ask if there was any additional information I could add that may change the decision. If not the claim would then be passed to a second decision maker to check to see if the right decision had been made, at which point they will contact me again to ask if I have anything else for them to consider, that could change the decision. If they then decide not to award ESA I will be contacted and advised of the result and given my options, this would then be followed up with written confirmation.

 

She said that it really should not be an issue and that I was to go away with my family and enjoy ourselves and not worry about anything to do with any assessment.

 

 

 

 

Out of which fairy tale book did they dig that load of bunkum from?

 

If you don't mind I have copied and saved it to my computer as being the way things should be carried out!!

 

I find it almost impossible to believe that the DWP actually believe it themselves!

 

Are they actually saying that they want to help us and are prepared to carry out reconsideration(s) with different DM's just to make sure that they get it right first time?

 

Bo***cks!!

Link to post
Share on other sites

  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I think the easy way round this for any government is simple.

 

As with some other benefits, there should be a run on period. If you are refused ESA, would it really be that much of a financial burden for them to say;

 

1. When you are refused ESA, we will write to you and advise you of the decision.

2. We will continue to pay you the equivalent of JSA from that point on.

3. This will continue for at least 2 weeks after we write to you.

4. We will telephone you to confirm the above.

5. You must either advise of an appeal, or make an appointment to claim JSA within the 2 weeks that payments continue or all benefit will stop from that date.

 

5 simple steps that would surely be much fairer on the claimant ans should mean nobody ends up withoout money, without warning and in the greater scheme of things, it wouldn't cost them anything over and above what you are entitled to claim anyway.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

Out of which fairy tale book did they dig that load of bunkum from?

 

If you don't mind I have copied and saved it to my computer as being the way things should be carried out!!

 

I find it almost impossible to believe that the DWP actually believe it themselves!

 

Are they actually saying that they want to help us and are prepared to carry out reconsideration(s) with different DM's just to make sure that they get it right first time?

 

Bo***cks!!

 

The last word is exactly what I thought after the call!

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

I think the easy way round this for any government is simple.

 

As with some other benefits, there should be a run on period. If you are refused ESA, would it really be that much of a financial burden for them to say;

 

1. When you are refused ESA, we will write to you and advise you of the decision.

2. We will continue to pay you the equivalent of JSA from that point on.

3. This will continue for at least 2 weeks after we write to you.

4. We will telephone you to confirm the above.

5. You must either advise of an appeal, or make an appointment to claim JSA within the 2 weeks that payments continue or all benefit will stop from that date.

 

5 simple steps that would surely be much fairer on the claimant ans should mean nobody ends up withoout money, without warning and in the greater scheme of things, it wouldn't cost them anything over and above what you are entitled to claim anyway.

 

I have always wondered if it were coincidence that assessment ESA and JSA amounts were the same...and if not why they could not just keep up the payments as you state above to allow transition...but that would be too simple and probably different departments etc.....perish the thought that common sense might prevail...?!

Link to post
Share on other sites

The rate of JSA is higher if you receive DLA. I've just gone on to ESA and have lost £30 a week. :( Really can't afford to do that.

 

That is complete lunacy! Who the hell made up that particular rule?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

No idea. Apparently, it's because when you get put into one of the groups, you'll get it back then. But if you're over 25 and put into WRAG, you get a few pounds a week less than what you do if you were on JSA with disability premium.

Link to post
Share on other sites

So what have you lost? Is it a premium?

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

As expected I have got a very fast appointment from ATOS, Since the nottingham ATOS centre doesnt appear to be having the backlog issues as other ATOS centres I expect the recorded delays were huring their stats so they resorted to this.

 

On monday this is what I will say to them.

 

The DWP are unaware of what they told me so I repeat my request for a recorded assessment, alternatively I can have someone come with me with a tape recorder but I need to cancel the appointment as I cannot arrange someone at this short notice as I will not be able to carry in the tape recorder myself.

Link to post
Share on other sites

No idea. Apparently, it's because when you get put into one of the groups, you'll get it back then. But if you're over 25 and put into WRAG, you get a few pounds a week less than what you do if you were on JSA with disability premium.

 

yes but you not having to look for work and sign on every 2 weeks.

Link to post
Share on other sites

So what have you lost? Is it a premium?

 

Yes. Under JSA, I received around £85 a week. Under ESA, I receive £56 a week. My living costs haven't changed and it makes no sense as to why I get less money. if you receive ESA, you can't claim IS to make up the difference. (you could do this under IB)

 

yes but you not having to look for work and sign on every 2 weeks.

 

How does that make any difference? My living costs haven't changed at all.

Link to post
Share on other sites

This is yet another disgrace of this unfair system, when they can go around taking £30 a week from people at the drop of a hat. So the garbage they state about levels of benefit not going down as a result of the transfer to ESA only apply IF you pass the WCA. So in my particular case I currently receive;

£111.45 Income Support on Disabilty grounds

£43.25 Disability Premium

When they decide to disallow me ESA by giving me 0 points on the WCA and I appeal, I will go down to £111.45.

Am I understanding this correctly???

This applies even though I receive DLA care component???

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

if you received either IS or IB and ESA is less, you're not affected. It's just those of us who weren't on IS / IB and have made a new claim for ESA.

 

If ESA is more than IB, you'll receive the ESA rate. if ESa is less, you'll receive your current rate.

Link to post
Share on other sites

Does that count even if they fail you at the WCA and you have to appeal?

I really need to find out where I will stand with this, if my money is going to drop while any appeal is ongoing, then I need to make plans for it happening now. As it could mean over £43 a week less which is a massive amount of money to lose, just because you appeal their decision.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

Useful as RMW's sister thread to this (about Atos telling claimants they can't have a recording after all) was and is, as an expedient to highlight a disgraceful turn of events, I'm taking a guess it might be easier to follow updates and info into next week, if people sooner or later 're-grouped' here (or indeed, there - but one of them!). Just a thought.

 

In any event, I would like to add that, further to SWLABR9 's comment (in that sister thread), "This looks to me like thieves falling out! …"

 

… in an excellent on-line article published this morning (can't link because it's behind a paywall), I read:-

 

"An Atos spokeswoman said DWP was responsible for supplying the recording equipment."

 

[you CANNOT be serious!]

 

But, it's funny how the serious finger-pointing always starts just before something really nasty hits the fan.

Link to post
Share on other sites

An Atos spokeswoman said DWP was responsible for supplying the recording equipment

 

One article about this here http://www.bhfederation.org.uk/component/k2/item/1717-mystery-over-%E2%80%98fitness-for-work%E2%80%99-recording-equipment.html

 

Corruptissima re publica plurimae leges

 

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

Link to post
Share on other sites

All 11 broken?????????

 

The ATOS spokeswoman is saying that “A lot of people are getting their assessments audio-recorded at the moment.” has anyone actually heard of anyone having a recording since February when Chris Grayling said that claimants had the right to have their assessments recorded?

 

IMHO Atos should be providing the equipment considering the obscene amount of money they are paid by the tax payers to provide their ineffective service.

Link to post
Share on other sites

During last ten days:

 

We gave up on the 'most unfit for purpose form ever'!! Submitted a statement instead. Took us a week to write but it was an easier option for us and it was accepted by Atos. Maybe an idea for others who can't cope with the tick box format.

 

Spent a day on a written request for audio recording of my interrogation.

 

Spent the next day taking it to the post office for recorded delivery, so Atos can't deny receipt.

 

Spent yesterday preparing a short, but to the point, request to Grayling et al for clarification as 'to record or not to record', with some help from the 'press release'.

Many thanks, although flipping between the threads was tiring.

 

Spent today fuming about info in the posts above. Seems they're very serious about 'not to record' interrogations. Won't stop me asking though, especially after Thursday's parliamentary written answer.

 

Still got to chase a subject access for my claim history and my medical records.

 

Absolutely shattered!!! Haven't got time to get better!!!!

 

Best wishes, Margaret.:faint:

Link to post
Share on other sites

Got invited out earlier this evening – happens to even old grey foxes sometimes –and tried to explain to some friends who are, happily, not caught up in this, what has much pre-occupied my mind of late: namely of course, the subject of this and RMW's thread.

 

It's a vanity in me to claim you will seldom find me lost for words – but I have to say I had some problems. How the hell do you summarise a grotesque fiasco, now several years in the making, which leaves the lives of potentially thousands of the sick and disabled apparently at the mercy of 11 broken recording machines?

 

Thanks for that link, odset. It's to the article I had read, and I am very glad to learn it's syndicated and free. Hits several nails on the head, I think. Passing it on.

 

Thanks for the update, Starry-E. I choose to believe that those who can stand the stress will prevail. I did against DWATO, just; but it is still, in my view, an unforgivable stress. Looking forward to learning more.

Edited by nolegion
Link to post
Share on other sites

To Nystagmite: Me neither, until a few days ago.

Clearly; disability puts an older head on very young shoulders. Have a friend who's wise beyond her years.

 

Caring for a grandparent: Check!

 

Adapting to disability: Check!

 

Coping with Atos: A very! very!! very!!! long 'work in progress'!

 

Persuading next door's absent landlord that our ajoining garage roofs do need re-felting: Check!

 

Avoiding the Small Claims Court: We're cautiously optimistic!

 

Avoiding a Social Entitlement Tribunal: An even longer!!!! 'work in progress'!

 

Margaret.

Link to post
Share on other sites

 

Adapting to disability: Check!

 

I was once told 3-4 years ago that I should have adapted to sight loss by now because I was born with it. There is only so much adapting you can do. And the older I'm getting, the more problems I'm having.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...