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    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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ESA Decision :( Any Advice please.


buster1967
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Hi estellyn.

 

It has been done purley on paper. No face to face at all. This is what is annoying me. We sent in lots of current paper evidence, But most of it seems to have been ignored.

 

regards.

 

Welcome to the world of ATOS & the DWP!!

 

They and the DWP appear not to consider relevant anything that you send in - same boat as you!

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Strangely enough (or not) I sent in a lot of evidence, had no face to face and got into the support group.

 

2 to 1 against at the moment then? Oh no, sorry 3 to 1 against, I forgot to include Honeybee.

 

It does seem strange that some do and some don't!

Edited by ims21
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2 to 1 against at the moment then? Oh no, sorry 3 to 1 against, I forgot to include Honeybee.

 

It does seem strange that some do and some don't!

 

I see you edited your post after Nystagmite replied. I'm not sure I'm trying to say what you are, to be fair. I don't think I mentioned my evidence, I was trying to encourage Buster that even if the DWP uphold their decision, the tribunal can find in your favour.

 

It would be nice if this thread could concentrate on trying to help Buster instead of spiralling off into another rant about the DWP and Atos. We've all had our own experiences and you could always start your own thread, cleaver.

 

HB

Edited by ims21

Illegitimi non carborundum

 

 

 

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Thank you estellyn, we also had a visit from my wife GP this afternoon. I showed him the esa 85a and the DM's interpretation of it. He said he was sick and tired with the whole DWP/ATOS process. "what's the point in the DWP sending me and other GP's forms to fill in, if they don't take any notice of them". He said don't worry I will help you both. Put his arm around my wife and said I will have a detailed letter ready for you to send in with the GL24 early next week.

 

But I don't hold out much hope with any DM overturning the original decision. One of Thatchers phrases keeps coming back to haunt me. "This ladies NOT for turning."

 

We will see.

 

I echo what Honeybee has said. Don't worry about the DWP in their ability to do the right thing. Just think of the builders of the Titanic as being the DWP - it will never sink - but it does and in the case of the DWP, under a mountain of overturned appeals.

 

The tribunal will see you right - they are the only ones that really know what they are about.

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Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

Illegitimi non carborundum

 

 

 

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In which case, they have provided nothing to support their viewpoint above the ESA50 or the doctor's report. Sounds like an easy appeal if you can get her doctor to confirm a distance for mobilising (and say why she can't wheel herself in a wheelchair, and confirm the frequency and severity of incontinence, and the necessity for help when transferring.

 

Just jumping in, I too will try this tactic and see what happens. My own case is so similar to that of Busters - mountain of evidence submitted - DWP say that they used the ESA50 and the F2F assessment to make the decision.

 

We will see what happens - it will be a very interesting exercise to see who is right - to allow the DWP to do a re-consideration or wait for the Tribunal.

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All I know is I have to do the best for my wife and my family. I used to have a little faith in the system but that has now gone. This is so so unfare. I will fight them on every angle I can think of or until they finish me off.

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Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

 

Hi Buster, I absolutely agree with HB and estellyn does offer excellent advice. Of course the system is flawed, but please dont worry about your wife's DLA being taken away, if it happens then you can be advised what you should do. Try to focus on the current issue relating to your wife's ESA. All the best to you.

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Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

 

defenitly, I got a reconsideration. So it does happen. It seems more likely to happen if WRAG to SG rather than fit to work to any ESA group.

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Estellyn if someone is in WRAG for 2 years, is the non mandation of the WP only for the first year or both years? as after a year they are then under a year fit to work as decided by a DM.

 

Hmmm, good question. That'll go on my list of things I need to look into today.

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

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Hmmm, good question. That'll go on my list of things I need to look into today.

 

My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

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My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

 

Thank you all for your input upto now, some exellent advice. I have cooled down now and collecting myself ready for the fight. I have gathered that it is hit and miss on weather they reassess her DLA but as she is on high rate both indef, I think this maybe likley due to a money saving exercise. If this happens we will be in dire need of help.

I don't understand how they could use a false paper based assessment for ESA to reduce/take away a DLA award but you never know.

 

Minibits, Thank you for your post it as set my mind at rest with regards the WFI. Tell me what time span are we talking about between ESA WRAG letter and first WFI? My wifes prognosis is also two year so looks like they will not be asking/forcing her onto the work program. Aslo can we ask that the first WFI is done over the phone?

 

Thank you.

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Hi Buster,

I think her first app. was about a month after the letter.

In her case, they wanted her to come in the day after boxing day. I phoned to ask for it to be postponed till the following week which they agreed to.

 

When we arrived for the WFI, the advisor said that she had tried to ring us earlier that day (had the wrong number listed) in an effort to carry out the interview by phone. So it is certainly possible, and it would be well worth asking as soon as you get the app.

 

All in all, it was a big let down, as I was all fired up to discuss the finer points of the welfare reforms, and in particular, my understanding of this new disease called IDS (Irritable Dick Syndrome).

 

Anyway, best of luck. There are plenty of people here to help.

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My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

 

I had telephone approved also but my prognosis was only 1 year, but because I was in CB based WRAG that maybe why for me.

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timetable for referral to Work Program for ESA customers

Mandatory ESA participants

Participant

Entry/Access Point

*Opportunity/ Claimant Group

PG

Participation

ESA (IR) WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory

PG 6

Mandatory

ESA (IR) Ex-IB WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) Ex-IB WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory ExIB

PG 7

Mandatory

Existing ESA (IR) WRAG with 3 or 6 Month Prognosis.

Mandatory from 10/9/12

WP ESA (IR) WRAG 3/6Mth

PG 6

Mandatory

ESA (IR) WRAG with 12 Month Prognosis.

Mandatory from 12 Nov 2012

WP ESA (IR) WRAG 12Mth

PG 6

Mandatory

ESA © WRAG participants.

Optional from WCA outcome

WP ESA © WRAG Mandatory

PG 5

Mandatory

Chapter 2 Work Programme Provider Guidance

Updated 26 November 2012 5 V6

* This will be the opportunity name/ identifier participants will be referred under.

WCA - Work Capability Assessment.

Existing ESA Claimants - Where the date of a claimant’s initial WCA decision was prior to the end date for referrals to Pathways to Work.

 

from this link http://www.dwp.gov.uk/docs/wp-pg-chapter-2.pdf

Edited by flumps1976
forgot the link
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timetable for referral to Work Program for ESA customers

Mandatory ESA participants

Participant

Entry/Access Point

*Opportunity/ Claimant Group

PG

Participation

ESA (IR) WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory

PG 6

Mandatory

ESA (IR) Ex-IB WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) Ex-IB WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory ExIB

PG 7

Mandatory

Existing ESA (IR) WRAG with 3 or 6 Month Prognosis.

Mandatory from 10/9/12

WP ESA (IR) WRAG 3/6Mth

PG 6

Mandatory

ESA (IR) WRAG with 12 Month Prognosis.

Mandatory from 12 Nov 2012

WP ESA (IR) WRAG 12Mth

PG 6

Mandatory

ESA © WRAG participants.

Optional from WCA outcome

WP ESA © WRAG Mandatory

PG 5

Mandatory

Chapter 2 Work Programme Provider Guidance

Updated 26 November 2012 5 V6

* This will be the opportunity name/ identifier participants will be referred under.

WCA - Work Capability Assessment.

Existing ESA Claimants - Where the date of a claimant’s initial WCA decision was prior to the end date for referrals to Pathways to Work.

 

from this link http://www.dwp.gov.uk/docs/wp-pg-chapter-2.pdf

 

That is hard to follow Flumps, It is still unclear to me though. I could not fine a section for 24mths prognosis. for ex I.B claiments. Mayne I am missing something.

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