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    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
    • It'll be something to the effect of:  "I am in receipt of your letter before claim.  I was awaiting a passenger as a licensed cab driver on the Locton estate who subsequently cancelled the pickup after me waiting a while and will fight this in the small claims court if necessary. Plus I have friends who are experts in contractual law and make it their business to defeat these spurious PPC claims.  So issue the claim form or go forth and multiply, up to you"
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Filling in a ESA50


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Hi regarding ESA50

 

If I by some miracle im awarded 15 points in the Physical functions sec and lets say 10 in Mental Cognitive and intellectual functions, could Atos disregard Physical functions score of 15 and award only the Mental Cognitive and intellectual functions score,or are the two combined. ive read how the points system works but don't really understand it.

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They're combined. Also, you have to score 15 overall at least. So, if you score 10 on physical and 5 on mental, you'll pass.

 

However, the new changes mean that if you're just mentally impaired, you can't use physical descriptors and vice versa.

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In the process of filling in ESA50

 

I have

Unstable angina

Bilateral leg critical ischaemia.

Ischaemic heart disease.

bilateral calf claudicatiun both legs

High haemoglobin levels.

Diabetes

Tumours on side of both feet

Blurred vision

Anxiety Depression

 

Bilateral calf claudication at 10 yards and housebound pain in legs and feet lack of feeling and numbness in feet angina pain in chest GTN spray needed to reduce pain.

breathless dizziness unsteady on feet lower back pain feeling of heaviness shortness of breath after 10 metres. condition does not vary day to day and appears to have worsened over time

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2008 Admitted to University Hospital Coventry due to Heart attack surgery to have two stents fitted.

11/07/2011 again Admitted to University Hospital Coventry suffering a Angina attack.

Has had several visit as out patent up to date undergoing Vascular surgery next on 23rd jan 2013.

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the new law being sneaked in under the radar by this govt, are changing the wca to where you can only use one part of either the mental or physical functions they will no longer be combined to give an overall score...this was highlighted by Nysgamite in a new thread recently posted...so you will either be assessed under the physical descriptors or under the mental descriptors but not both.....crafty, crafty by this govt...i expect a lot of reassessment being done under this new harsher regime with many more being denied the benefits to which they are truly entitled to....we must protect the most vulnerable of society or we cease to be a civilized country... I work for minimum wage sometimes up to 60 hrs in a week, but would gladly pay extra in order that the more vulnerable in society get what they need....without this help people like myself would not be able to work, I claim DLA and without it, i would be another statistic...

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Hello Matt.

 

Leemack did a really good guide about filling in an ESA50 for physical illnesses. Sadly, the second part for mental illnesses is on hold, but I hope the sticky will give you a good idea of what to put.

 

In case the guys haven't said already, as well as the names of the conditions you have, you need to spell out how the symptoms affect you and how they affect your daily life.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

My best, HB

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Illegitimi non carborundum

 

 

 

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the new law being sneaked in under the radar by this govt, are changing the wca to where you can only use one part of either the mental or physical functions they will no longer be combined to give an overall score...this was highlighted by Nysgamite in a new thread recently posted...so you will either be assessed under the physical descriptors or under the mental descriptors but not both.....

 

This is not how I understood this. I think basically what they are saying (which is still awful) is that say if you have MS, and you have depression stemming from the MS, they won't give you points for the depression, but if you had two seperate conditions, say MS and schizophrenia, you would get points for both. My husband has mental health problems that give him extreme fatigue, therefore he wouldn't get physical points for the fatigue as it stems from a mental health condition, but if he developed arthritis, then he would get points for thst. Not sure if I explained that well....

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We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I have bipolar disorder so that is judged as mental health condition, I also suffer from FMS which affects me physically and causes pain and fatigue but is classed as a physical condition of its own. So both should be recognised having been diagnosed by speciailists in the relevant fields.

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PROBLEM 2: SEPARATING PHYSICAL AND MENTAL HEALTH The government is also trying to change the way people’s conditions are assessed by dividing health problems into two separate boxes: ‘physical’ and ‘mental’. When looking at what tasks people can do, only the ‘physical half’ of the test will apply to those with physical disabilities. The same goes for the effects of treatment: for e.g., if you’re taking mental health medication, only mental health side-effects will be looked at. This completely fails to understand the way that many disabilities and illnesses can lead to both physical and mental effects. This is also the case for many common treatments: such as those for schizophrenia, Parkinson’s disease and multiple sclerosis. Pretending the effects of illnesses and disabilities can be separated in this way goes against all medical practice. Going even further, and using this method to ignore sick and disabled people’s needs, is at best hopeless policy, and at worst deliberate cruelty. link http://labourlist.org/2013/01/esasos-the-government-are-sneaking-through-major-changes-to-how-disabled-people-are-assessed/

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Well the ESA50 is completed by a friend . Reasons given on page 20 Filling the questionnaire for someone else.

Ringing doctor next as will be applying for a home visit due to unstable Angina.{ not got a date letter says I may be asked to come to an assessment.} Who wants to bet im off to a assessment.then. Will tell you all what happens with the doctors watch this space.

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Well the ESA50 is completed by a friend . Reasons given on page 20 Filling the questionnaire for someone else.

Ringing doctor next as will be applying for a home visit due to unstable Angina.{ not got a date letter says I may be asked to come to an assessment.} Who wants to bet im off to a assessment.then. Will tell you all what happens with the doctors watch this space.

I have unstable angina no medical nothing from atos dwp put me in wrag

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Ah the wrag group

If you have previous with ATOS and they know you will appeal they may choose to place you straight into the WRAG without a F2F. The decision to put you in the Contributions based WRAG means your ESA will be time limited to 12 months, that means if you have been in receipt of ESA 3 months prior to the decision to place you in the WRAG being made, you have only 9 months of ESA left before you lose your entitlement and someone else i.e your partner has to keep you because they are earning more than £150.00 per month.

You will also be required to attend 5 back to work reviews where you will be advised of the help available to assist you back to work. You may be required to attend training programmes at the whim of your advisor.

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If you find yourself in the unfortunate position of being placed in the WRAG Contributory ESA and you believe you should be in the Support group Contributory ESA, contact the DWP and ask for the ESA 85 report, the score sheet and a GL 24 appeal form and appeal to be placed in the Support group immediately.

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Where does the £150 per month come from? I was told it's nearer £7500 per year.

 

Yeah, that's either hyperbole or simply bad information. A partner can work up to 24 hours per week and earn up to £10 per week more than the claimant's IR entitlement (including any applicable premiums) before ESA stops completely.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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