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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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atos cures


carcrazy
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im wrighting on behalf of my sister who has ocd and suffers psycho sematic and anxiety problems ,

my sister had a atos medical last september and passed it and got put into the wrag ,

atos called her back in march this year and she got a letter to say she failed the medical and got no points ,

she is getting worse with her problems and i brought her till the doctor yesterday to get a sickline to send in with her appeal ,im totally disgusted at atos and there so called healthcare professionals ,her condition has not changed and this will make her worse ,im helping her with the appeal im filling forms out and writting letters for her as the cab is booked up ,my sister also has a green medical card and the doctor is sending her to see a psychiatrist at his practice , any advic wellcome thanks

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Hi carcrazy, If you haven't already I would ring the DWP and tell them you want a copy of the Atos medical report, which is called an ESA85, they have to send you a copy if you request one. Once you have received it check it thoroughly for any errors or ommissions and make sure that what your sister said has been recorded correctly and not twisted or taken out of context. Also don't forget that if the healthcare professional has disagreed with an answer your sister gave on the ESA50 they MUST give a reason as to why they have done so.

 

If you do find any inaccuracies, then you can send details of them in with your sister's appeal.

 

My report was full of errors, when I appealed Atos admitted it was flawed and the DWP overturned their decision without the need of a tribunal.

 

Good luck

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thanks all

my sister has no evidence how it affects her work only what she tells atos and what i write her letters , my sister has never worked she cant go out of the house without some one with her ,she constantly washes her hands after touching anything and would wash er hair 3 times a day ,she has ocd and social phobia and is psycho sematic she has had this all her life aswell as a eating disorder ,she lives with her mum .

i could go on all day about her illnesses but what iv done so far is sent her appeal off with a sicknote and booked an appointment with her doctor to get him too write a letter ,ive also phoned esa and asked them to send me the esa85 paper , citizens advice is overwhelmed with appeals and are trying to fit her in at some stage for an appointment to disscuss her appeal

but il do what i can in the mean time for her ,

 

the sooner atos collapses the better , the medical is a joke any body with sever health problems can do what the questions ask its rediculis ,

 

thanks all for your input

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Hello again.

 

Once you get the ESA85, pick it apart and then use any mistakes or contradictions in the report to make your appeal submission. The stikky has a template letter you can use if you wnat to do it that way.

 

HB

Illegitimi non carborundum

 

 

 

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That's good as the CPN will assess her and if any further diagnosis is needed, i.e. psychiatrist, then it will be arranged. The CPN that I had was really good and advised medication and therapy to help me learn to manage my condition better than before. I saw a psychiatrist initially to get the medication sorted and a few times after for review, but mostly the CPN carried out the therapy sessions and the care plan. Letters from both of them helped me as they formed part of my appeal against the atos decision that I was fit to work, by then I had to go to Tribunal and won. Had my therapy etc began sooner, those letters may well have avoided the need for Tribunal but the set time period had lapsed so there was no choice. I think it seems to be the luck of the draw with dwp and atossers, as to who you see etc, as for me any dealing with them I want recorded, less room for pinnochio syndrome which atossers seem to have.

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