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    • Thanks for this. What should I do if they refuse to negotiate anything on a monthly / weekly basis. I will go to FOS absolutely but unfortunately that still leaves me with the panic every day about the car. 
    • The ideal would be a negotiated discounted settlement  The cards in your hand are that you would most certainly win an irl complaint via the fos And the behaviour of Burlington  Im not so certain that you would win on unfair treatment given that for a LBL company they have been pretty accommodating for the best part of a year  If they don't agree to negotiate on a monthly payment of the 1500 then straight off to the fos Only if things get dicey consider a time order due to your other debt a t/o could get messy
    • Sorry to disagree. Credit file drops off at 6 years, which is the Statute Bar period for 'simple contract debts' But the limitation period for mortgage debts is 12 years.   https://www.nationaldebtline.org/fact-sheet-library/statute-barred-debts-ew-/   So (in theory, at least(, it can drop off a credit file at 6 years, the lender can issue a County Court claim at any point up to 12 years, and IF they do, and IF they succeed, the CCJ then shows on your credit file....... yes, there are lots of 'IF's there, but it isnt as cut and dried as at first glance.
    • Hi all    Thank you so much for all your comments and advice, especially @bankfodder    The treadmill was a Proform pro 1500. Icon are the manufacturer.    Just to clarify this is the second machine we had. The initial treadmill we had for approx 2 months. Again this was working fine one day then would not switch on the next. We reported this to Sweatband who redirected us to the manufacturer. The problem was the same with the electrics however on that occasion the manufacturer indicated there was a problem with alignment of the running surface and they sent a replacement. Now the electric problem is the same issue but they are saying the item is in an unsuitable environmental.    I have reviewed Sweatband's website again and now I notice there is a small Q & A section at the bottom which states as follows:    "Can I keep this treadmill in my garage? if your garage is insulated and is warm and dry throughout the year then it will be OK. However if it's an ordinary garage without heating or insulation we'd say it's better not to put it in there as cold and damp conditions may damage the electronic components."    Do you think this now means we have no protection? I cannot say if this was on there when we purchased the treadmill. I am also reading a number of reviews from other people indicating the treadmill has packed in after short usage. These reviews are all after we made our purchase.    Thank you again  EM0149
    • Begging letter - ignore.   It's not Debt Recovery Plus's debt, so they can do absolutely nothing.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

kia v atos and dwp


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Just wondered if someone could give me some advice, I like many thousands of others have been placed in a work based group despite telling the the woman i had a hip replacement op looming amongst a whole load of other bone problems and well bottom line was she just wasn't listening she had her script to work too and that was that and i wanting to appeal this even though am not sure if its too late and how do i do this from what Ive been reading my first port of call is my gp and get him to fill in the form Ive printed off the site about regulations 29 and 35 of the ESA act any help will be most appreciated as im a little out of my depth here xxxkia

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im still getting money but was informed by letter that i had been made an app for a work based interview on 30th January which i went to and this was where they informed me i would have to attend these work based workshops and if i didn't my money would be stopped can i still appeal there decision to put me in this wrag group thingy cos am confused as to whether this is time limited xxkia

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Thank you. So you think you should be in the Support Group?

 

Could you tell us please how many workshops they're expecting you to attend?

 

I think your thread would be better in the DWP forum rather than the Atos one, so I'll move it. I'll leave a short term redirect here.

 

HB

Illegitimi non carborundum

 

 

 

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Thank u honey bee yes i think i should be in the support group and she didn't say how many she was very evasive in how many i would have to attend cos as i explained to her ive got a looming hip replacement amongst other things. She said i would have to go to first one and then after that would maybe not need to go to anymore due to my operation but she seemed very unsure of this and its how to get to these workshops as there not local to me it will involve taxis xxxkia

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You have a month to appeal their decision. In some cases, you can appeal up to 13 months.

thank u for this now do i go to my docs with that paperwork cos the more im reading the more confused im getting xxkia

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thank u for this now do i go to my docs with that paperwork cos the more im reading the more confused im getting xxkia

 

I would yes. But what I would also do, is write to DWP (their address is on any letter you've received about your ESA) and explain that you're appealing and more information will follow. I would then make a GP appointment and gather as much information as possible.

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I would yes. But what I would also do, is write to DWP (their address is on any letter you've received about your ESA) and explain that you're appealing and more information will follow. I would then make a GP appointment and gather as much information as possible.

thank u will do that they have been phoning to try and make an app with me the ingueus ppl wo whatever there called do i still go or tell them im appealing it on the phone xxxxkia

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what descriptor ? sounds like a science fiction movie:wink: i should be in the support because Ive been placed in a work based group and to make me work would make my condition much worse and under their own rules its either 29 or 35 of ESA rules u shouldn't make someones condition worse by forcing them back into work and as seem to be fracturing constantly atm and have two hip replacements and knee replacements think working would be bad idea hope this answers your question xxxkia

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what descriptor ? sounds like a science fiction movie:wink: i should be in the support because Ive been placed in a work based group and to make me work would make my condition much worse and under their own rules its either 29 or 35 of ESA rules u shouldn't make someones condition worse by forcing them back into work and as seem to be fracturing constantly atm and have two hip replacements and knee replacements think working would be bad idea hope this answers your question xxxkia

 

Reg 29 won't help you here, as you've already been determined to have limited capability for work. Reg 35 might apply, as it relates to limited capability for work related activity (LCWRA). You need to be found to have LCWRA to be placed in the Support Group, and you can show this by satisfying one of the descriptors mentioned by Estellyn and linked to in Nystagmite's post above, or by showing that Reg 35 applies to you.

 

I'd start with the descriptors before trying to make a case on Reg 35.

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will sort out the paper work for the appeal tomorrow having printer issues and cant print up that paper work to get my docs to fill in got docs app to get supportive evidence that a return to work would be bad for my health im gonna write and say im appealing their decision and can i be given some more time as my docs on holiday this week xxxkia

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im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

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im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

 

You can submit more information to the tribunal at a later date - the important thing is to get your appeal in before the deadline.

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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im finding alot of the information very confusing now more i read the more its making me head spin anyhow ive written the letter saying im appealing it and to give me more time as docs away on holiday one can only hope they will do xxxkia

 

What are you finding confusing? Maybe we can help?

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

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im finding it all confusing but am gonna send in my letter got a funny feeling im after the date u can appeal so i may not get anywhere with this but gonna try anyhow think the way to do this is small steps xxxkia

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im finding it all confusing but am gonna send in my letter got a funny feeling im after the date u can appeal so i may not get anywhere with this but gonna try anyhow think the way to do this is small steps xxxkia

 

You have one calendar month from the date of the decision you wish to appeal. It's possible to appeal late, but you would need to include a statement explaining your reasons for not appealing within the usual timeframe. The absolute deadline is 13 months after the decision.

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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ah ok well its prob not that long after the date think the first letter saying id been put on esa was dated the 19th dec so i could say it was right on top of Christmas and it got forgotten about any hows Ive sent off letter will have to wait and see.Got any question ive got this work based thing group meeting next week what i need to know is where i stand with if they try and make me do courses or volunteer work stuff Ive been reading on here says i should turn it all down but i need to know can i do this as neither one of these am i gonna be able to do as sitting or standing for any length of time is impossible but its really worrying me that and forcing me to do interviews i just need to know how to handle this as its stressing me out Christ alone knows how i will feel next week its on wed btw the app xxxkia

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my partner said that too but am really stressing about it and reading as much info as my brain can take in xxxkia

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