Jump to content


  • Tweets

  • Posts

  • 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
      • 162 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

Turned down for ESA, can't believe it !!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4486 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

My partner has just called the benefits peeps to chase up his ESA claim only to be told that there is a letter in the post with an appeal form on it's way to him as he has been turned down for ESA.I can't believe that they have come to this conclusion and fully intend to appeal and take it as high up as possible.My partner was born with no fingers on his left hand as a result of thalidomide. Being born with this he knew no different and lived a totally normal life, running his own businesses and never claiming a penny from the social.Sadly, due to him compensating by using his right hand more, he is now riddled with arthritis in his left hand side and is losing sensation in his right hand. This results in him dropping things and being unable to form a secure grip on anything.How the hell do they expect him to work like this !!!!!! Even our doctor told him that he should have stopped working years ago to prolong the use of his right hand.The benefit system in this country is so wrong and corrupt. I am totally disgusted and it's all I can do to stop myself calling the offices and tearing them a new a***hole !!!!!!!!Sorry for the rant but as his carer (without benefit) seeing him struggle every day is breaking my heart

Link to post
Share on other sites

He already gets £78 per month DLA. Sadly it doesn't go very far. We're just existing on my wage and I'm sure he's feeling very much emasculated at being unable to provide any income.I guess we'll have a look at how they came to their decission and take it from there. I just can't imagine for the life of me how they came to this conclusion ????

Link to post
Share on other sites

claire, it's nothing new and nothing personal. The system is designed to ensure maximum failure. Welcome to the caring, sharing, UK, 2012 style. Best wishes with the appeal ...

Link to post
Share on other sites

Sorry to hear this Claire, it is sad times right now. Definitely appeal. If successful and put in the WRAG he would be entitled to contributory ESA for one year if he has paid enough NI contributions of the right type, after which he would only get ESA if he qualified for income based ESA which would depend on your wage and incomings as a couple. Still, it is a year he would get and worth fighting for even if he was put into the WRAG. If he was placed in the support group he would qualify for contribution based ESA after a year if the right type of NI contributions were made in sufficient amounts.

Link to post
Share on other sites

If he was placed in the support group he would qualify for contribution based ESA after a year if the right type of NI contributions were made in sufficient amounts.

 

eh? You don't get the right NI contributions on ESA to qualify for contributions based benefits - that goes towards your state pension.

Link to post
Share on other sites

claire, it's nothing new and nothing personal. The system is designed to ensure maximum failure. Welcome to the caring, sharing, UK, 2012 style. Best wishes with the appeal ...

 

100% correct, the system is designed to for maximum failure rate.

If you google 44_fit_for_work_small you can read the report that set the latest wave in motion.

Some of the other sites that refer to this report also have some interesting content.

Link to post
Share on other sites

he probably got turned down due to how the new asessment works.

 

eg. if they decide he can walk or use the phone (one hand to hold phone) then they see it as fit for work. Its stupid but its about what one can do now rather than what they cant do.

Link to post
Share on other sites

Sorry to hear this Claire, it is sad times right now. Definitely appeal. If successful and put in the WRAG he would be entitled to contributory ESA for one year if he has paid enough NI contributions of the right type, after which he would only get ESA if he qualified for income based ESA which would depend on your wage and incomings as a couple. Still, it is a year he would get and worth fighting for even if he was put into the WRAG. If he was placed in the support group he would qualify for contribution based ESA after a year if the right type of NI contributions were made in sufficient amounts.

 

He will only get CB ESA for one year if he qualifies for it for one year, what if the HCP decides he will be fit for work in say 3, 6 or 9 months??. Last November the prognosis on my medical report said, able to return to work in 6 Months, another ESA50 just dropped on my doormat end of February just posted it back, if I fail this time around I will have only qualified for at the most 5 months. So strictly speaking you only get 12 months ESA CB if you qualify for the full 12 months, after that you are not entitled to CB ESA regardless of how many National Insurance Stamps you have paid.

Edited by poollie1
Link to post
Share on other sites

I don't understand what you are saying Nystagmite. I was talking about who qualifies to receive ESA and who doesn't, I wasn't talking about the stamp that is paid for you while you are on benefits.

 

You said if in the support group, he would qualify for the contributions based after one year - he won't.

Link to post
Share on other sites

He would, see http://www.dwp.gov.uk/adviser/updates/changes-to-contribution/ contributory ESA only stops after one year for the WRAG not the support group.

 

Think what Nystagmite is trying to say is that Support Group has nothing to do with Contributions Based ESA. Sorry I"m getting confused now, its being in the Support Group that qualifies the claimant to continue after 12 months , not as you are implying that he would qualify for contribution based if he was in Support Group, all contibution based ceases after 12 months, the only way you would continue to receive ESA after the 12 months is if you qualify for IR based or you are placed into the Support Group.

Edited by poollie1
Link to post
Share on other sites

I phoned DWP jobcentreplus and they said that contributory employment support allowance is not time limited for the support group but is time limited for the WRAG and it is contributory ESA that people can get for longer than a year for ESA if in the WRAG

 

This site wont let me put benefitsandwork links here but that site says clearly that is the case

Link to post
Share on other sites

I phoned DWP jobcentreplus and they said that contributory employment support allowance is not time limited for the support group but is time limited for the WRAG and it is contributory ESA that people can get for longer than a year for ESA if in the WRAG

 

This site wont let me put benefitsandwork links here but that site says clearly that is the case

 

I am confused now, ESA is not time limited if in Support Group, that is correct, CB ESA is time limited to 365 days if placed into the WRAG group, that is correct, but then you go on to say, it is CB ESA that claimants can get for longer than a year if in the WRAG????, am I missing what you are trying to say?? or are you contridicting yourself, very confused now.

Link to post
Share on other sites

what does this mean?

 

"to prevent any new claims for ESA on the grounds of youth "

 

also they scrapping the linking rule, is that what allowed someone to try work without risk of losing their benefit if it didnt work out?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...