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    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • Regular savings accounts are accounts designed for savers who put money aside every month and reward them with a generous interest rate.View the full article
    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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IS doesn't pay for children any more, but it used to. That's why there's still a dependent child rate listed, but it's only paid to people whose claims have been running since before the change was made.

 

So you can claim CA if you earn less than £100 per week after tax, NI, and costs related to caring for your husband while you're at work. This will be deducted from your IS if you claim that, but you would get the Carer Premium added on.

 

It would work like this - you would get the couple rate of IS, plus the Carer Premium. Then your CA, your husband's ESA©, and your wages less £20 per week would be deducted and you would be paid whatever is left. Being on IS also entitles you to free NHS prescriptions and dental care. Any Child Tax Credit you receive for your daughters would be unaffected by an IS claim.

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

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Hi

 

My husband was seen by ATOS last March and was placed in the Support Group for 1 year.

 

I called in December to find out when we would receive the forms and was told Feb/March as his assessment was due April.

 

I've called again today as we have received no forms only to be told that my husband has been placed in the support group until April 2016 but we haven't received any forms and he's had no assessment.

 

Is this normal?

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Sounds like it could be because the DWP have halted the fit for work tests (WCA) as ATOS want out of their government contract.

 

-Edit-

 

Try the Daily Record which is what I originally wanted to avoid.

 

Link

 

Mike Penning, minister for disabled people, finally admitted in the WOW debate yesterday that the DWP have suspended the sending of employment and support allowance (ESA) claimants to Atos for repeat medical assessments, as Benefits and Work revealed on Monday. He also did not deny the two year length of the suspension for those affected, which we disclosed on Wednesday.

 

On Monday we broke the news that the DWP have told staff that due to a growing backlog at Atos all current ESA claimants who have not already been referred to Atos will be left on the benefit, without further medical checks, until another company can be found to do repeat work capability assessments (WCAs). On Wednesday, following contact from a DWP insider, we also revealed that claimants due to be referred to Atos were being given a two year repreive.

 

Until yesterday, however, neither the government nor the DWP would confirm this information. But in the WOW debate yesterday, Kate Green MP asked Penning point blank about the issue [column 472] :

 

“My point is on the WCA, and I hope that the Minister will address the question that I and my hon. Friend the Member for Edinburgh East (Sheila Gilmore) raised about the suspension of reassessment of ESA claimants for the next two years. Will he tell us why the Department appears to have decided not to inform claimants or Members of Parliament about that?”

 

Penning responded:

 

“If we were to inform claimants and Members of Parliament about the minutiae of every single change in policy, we would be here a lot longer. As most Members know, I am not hugely party political, but I must point out that the previous Administration did not offer that level of information either. That is not how Governments work. We are trying to deal with the delays, and to ensure that people get what they are entitled to as quickly as possible and that nobody will be worse off while we are doing that. We are, however, in the middle of a really difficult negotiation with Atos over the WCA.”

 

Penning’s response is a welcome, but grudgingly given, confirmation of the news broken on Monday by Benefits and Work. However, it also displays his extraordinary lack of understanding of what it is like to be a sick or disabled claimant dreading the post arriving every day, for fear it will include a summons to an Atos medical. To actually know when your medical is likely to happen is not ‘minutiae’, it is a matter of enormous importance.

 

The suspension of referrals does not, unfortunately, affect claimants who have already been referred to Atos by the DWP. As Atos made clear on their website yesterday, having been inundated with calls about this issue:

 

“Any WCA repeat referrals that we have already received from DWP will also continue through the WCA process as they would before.

 

“You can normally tell that this process has started because you receive a Limited Capability for Work questionnaire, or ESA50. You should still return forms, supply additional evidence or attend appointments for a face to face assessment as necessary.”

 

ATOS

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Sounds like it could be because the DWP have halted the fit for work tests (WCA) as ATOS want out of their government contract.

 

Link 1 B&W

 

Seems they have been suspended for 2 years Link 2B&W

 

Those links keep going to Micky Mouse "Honest"

 

Could a passing Orange person edited them for poster ...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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We do not permit links to that particular website - I am pretty certain this has been mentioned previously. Any attempt at linking will be auto directed to the Disney site.

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Just to inform you, CAG appears to have changed your links to a different website, Disney.

 

Is this to do with that "paid for forum"

 

Sounds like it could be because the DWP have halted the fit for work tests (WCA) as ATOS want out of their government contract.

 

 

 

Try the Daily Record which is what I originally wanted to avoid.

 

Going back to OP post

 

It's because ATOS don't want to do medicals any more and DWP was placed review's on hold for the time beaning ....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Is this to do with that "paid for forum"

 

 

 

 

Yes - links to commercial advice sites are not permitted.

 

As to the original topic, I think the posters have it right. While Atos will continue to do new referrals, complete those already in progress and take new referrals where there has been a change in the claimant's condition, they won't be doing routine renewals.

 

Of course, that might change in the future, so I'd suggest OP's husband should simply not panic and see what happens.

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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Yes - links to commercial advice sites are not permitted.

 

As to the original topic, I think the posters have it right. While Atos will continue to do new referrals, complete those already in progress and take new referrals where there has been a change in the claimant's condition, they won't be doing routine renewals.

 

Of course, that might change in the future, so I'd suggest OP's husband should simply not panic and see what happens.

 

Who needs paid advice anyway, when we got you antone :madgrin:

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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  • 1 month later...

Hi

 

I'm looking for some advice.

 

I work part time earning £10000 per year. My husband is on ESA SG and received DLA MR care and LR mobility. We also have 3 daughters under 16.

 

We pay a mortgage on our home but due to not having much money we can't afford to do any work to it so we were thinking of handing the keys back to the mortgage company and private renting.

 

What I'd like to know Is would I be entitled to housing benefit. I went online and it says yes but what's would be the position if I've handed the keys back and asked for it to be repossessed.

 

Many thanks

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I don't know what the answer is on the benefits - but I hope that you realise that the house will be sold at an undervalue and the lender will come after you for the outstanding balance.

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Yes I understand that but it has to be better than how we are living at the moment.

 

We have debts that we know we can never pay in full.

 

We have a mortgage, secured loan, charging order and numerous other debts and when interest rates start rising we are going to struggle more than we do now.

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From a benefit point of view yes, you could claim Housing Benefit at the appropriate LHA rate for your area. The fact that you have handed back the keys on your existing house will not disqualify you.

 

It sounds like your husband's ESA is contribution based, is that correct?

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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Well if it really is that bad and you are going to give up your house then you should consider bankruptcy - which would put an end to all the misery and the sacrifice and you can start again with a clean slate.

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Well if it really is that bad and you are going to give up your house then you should consider bankruptcy - which would put an end to all the misery and the sacrifice and you can start again with a clean slate.

 

Yes, and for reference, bankruptcy would not affect any benefit entitlement.

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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Hi

 

Yes it is CB. He's been on ESA since Sept 2012.

 

We already get council tax benefit but as we have a mortgage we don't get help with paying it.

 

Right, so if it's only ESA© then you can't get mortgage help under most circumstances. The exception would be if his ESA(IR) and ESA© amounts are the same and he gets C because that takes precedence. But since you work, I'm guessing that's not the case.

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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  • 1 month later...

Hi

 

I'm not really asking a question but was wondering if anyone else is in the same boat.

 

I'm married with 3 daughters under 16. My husband has been ill for some time and received ESA (SG), DLA Middle Rate Care and Low Rate Mobility. We live in our own home which we pay the mortgage. I work 24 hours per week.

 

I've just been told that due to receiving £3 per week WTC I've lost my entitlement for free school meals worth £30 per week to me. As I own my home I'm not entitled to help with my mortgage payments but if I were to live in a rented home I'd receive housing benefit.

 

I'm starting to wonder what's the point in working as I'm worse off. Even the lady at our council asked why I bother working.

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It does seem very unfair, sadly it is people like the young mother in the article below that makes it bad for people like yourself who are not trying to buck the system and struggling to survive :(

 

 

 

 

'It's my money and I can do what I want!' Meet the shameless single mother who says she lives a 'blessed life' on benefits and will only get a job if it pays £5,000 a MONTH

 

Steph Cocker, 24, from Sheffield is unemployed and on benefits

She lives with her two young sons and gets paid £330 a week

 

Says she would only get a job if it paid £5,000 a month - £60,000 a year

Boyfriend Nathan, who is also unemployed, lives next door

Arrangement allows Steph to claim extra cash for being a single parent

 

 

Read more: http://www.dailymail.co.uk/femail/article-2672120/Its-money-I-I-want-Meet-tattooed-single-mother-says-lives-blessed-life-benefits-job-pays-5-000-MONTH.html#ixzz36EFcWsTo

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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