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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Can I Ring The DWP for my medical desision.


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You can if you wish, but from what been posted on CAG most people prefer to wait until they get a letter !

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

 

 

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i would wait for the letter....

 

You are right - just I cannot settle my medical is/was due Atos said it is fully up to the DWP whether I get called for another one and when, as things (as we know) are all running a little behind schedule.

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i had my letter from atos saying they had returned my file to the dwp....and it was about 2 wks I think when I got the decision letter...varies I guess in different areas. some ring and get told one thing then get a letter saying something else, is why I say wait for the letter. I know how stressful it is and I hope you hear soon.

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:Lilly_Monroe:

 

'...... a little behind schedule.' Well, that one way of putting it. :lol:

 

It may help you to know that you can't be found fit for work without being offered a face to face assessment.

 

Jobcentreplus aren't doing any better than Atos at clearing the backlog. But if you want to check whether there's a decision yet, you can phone Jobcentreplus. Use the phone number on your last award letter. Don't act on anything they may say until you've written confirmation.

 

Margaret.

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:Lilly_Monroe:

 

'...... a little behind schedule.' Well, that one way of putting it. :lol:

 

It may help you to know that you can't be found fit for work without being offered a face to face assessment.

 

Jobcentreplus aren't doing any better than Atos at clearing the backlog. But if you want to check whether there's a decision yet, you can phone Jobcentreplus. Use the phone number on your last award letter. Don't act on anything they may say until you've written confirmation.

 

Margaret.

 

 

Thanks Margaret

I was feeling kindly when I wrote (behind schedule) :)

 

I think I will wait, that feeling of bravery has deserted me at least with the letter I can peak inside slowly ever so slowly.

Just have to accept it will come when it comes.

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:Lilly_Monroe:

Are you saying you didn't receive an award letter for employment n support with the work related activity component? :roll: If you've had a recent letter with details of the annual uprating of benefits, should you need it, the correct phone number to enquire about all things ESA related will be on that.

Margaret.

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:Lilly_Monroe:

Are you saying you didn't receive an award letter for employment n support with the work related activity component? :roll: If you've had a recent letter with details of the annual uprating of benefits, should you need it, the correct phone number to enquire about all things ESA related will be on that.

Margaret.

 

I had the letter with the rise details - I was blown away by the generosity of the amount.

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I have never ever had an award letter on ESA.

Snap!!!

 

 

I was put into the support group last August and all I got was the standard statement letter with the breakdown of how your benefits are made up. It was here, on page 3, that a solitary line amongst a forest of many said, because you are in the support group you will get...

 

 

I assume everyone has had to fill the ESA 50 form twice, once for the DWP and once for Atos about a year after the first? When I got my second form the letter with it was pretty much like the one with the first, so I assumed an error had occurred (quite possible with Atos) so I wrote on it in big red letters, "I'm already on ESA!!!" and sent it back. When I had my medical this is what the doctor had, this blank form.

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I was put into the support group last August and all I got was the standard statement letter with the breakdown of how your benefits are made up. It was here, on page 3, that a solitary line amongst a forest of many said, because you are in the support group you will get...

 

That's your award letter. It's generated by computer, using a program apparently developed by a functional illiterate.

 

 

I assume everyone has had to fill the ESA 50 form twice, once for the DWP and once for Atos about a year after the first? When I got my second form the letter with it was pretty much like the one with the first, so I assumed an error had occurred (quite possible with Atos) so I wrote on it in big red letters, "I'm already on ESA!!!" and sent it back. When I had my medical this is what the doctor had, this blank form.

 

This isn't how it works - the ESA50 form is issued by the DWP, sent to Atos so that their examiner has it available for the WCA, then returned to the DWP along with the Atos report, known as ESA85.

 

When you get another one a year (or however long) later, this means that your ESA is being reviewed. Returning it uncompleted isn't wise.

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

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Snap!!!

 

 

I was put into the support group last August and all I got was the standard statement letter with the breakdown of how your benefits are made up. It was here, on page 3, that a solitary line amongst a forest of many said, because you are in the support group you will get...

 

 

I assume everyone has had to fill the ESA 50 form twice, once for the DWP and once for Atos about a year after the first? When I got my second form the letter with it was pretty much like the one with the first, so I assumed an error had occurred (quite possible with Atos) so I wrote on it in big red letters, "I'm already on ESA!!!" and sent it back. When I had my medical this is what the doctor had, this blank form.

 

I am surprised you got called for a medical if you did not fill out the form.

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This isn't how it works - the ESA50 form is issued by the DWP, sent to Atos so that their examiner has it available for the WCA, then returned to the DWP along with the Atos report, known as ESA85.

 

When you get another one a year (or however long) later, this means that your ESA is being reviewed. Returning it uncompleted isn't wise.

I have never re-filled a DWP form before in my life (definitely not so soon), and as I said the letter with it said nothing about this being a reassessment.

 

 

When I went for the interview to be put on the work programme and I told the guy this, he looked at my file and said it shouldn't have been issued yet; it was too early.

 

 

WCA - work capacity assessment??? Who does this and where is this done? I don't think I've ever had one under ESA.

 

 

I am also a little confused about what the ESA85 role is. Is this Atos' recommendations to the DWP?

 

 

If I put on the ESA50 form "No change, use the last form" will that do?

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I am surprised you got called for a medical if you did not fill out the form.

That's a long story. I was put on the work programme to a place I couldn't get to. I contacted my MP about this and she sent my email to her to the JCP for comment. In the meantime I had to fight with the local WP to get things put on hold. The response letter from the JCP just logged the machinations to date which included a comment that I had not returned the second ESA50 which I had but not filled in. Said nothing about what I had written about.

 

 

On this letter was an address to a guy called Noel Shanahan, director general...and I wrote him a 5 page letter outlining my illness. On the strength of this I was put into the Support Group. Then later on the medical took place. This is the very short version. Last year was one long fight with [problem] the DWP...

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I have never re-filled a DWP form before in my life (definitely not so soon), and as I said the letter with it said nothing about this being a reassessment.

 

ESA claimants are reassessed as a matter of routine*. The letter you get may not specifically state that it's a reassessment, but nonetheless, that's what it is.

 

 

When I went for the interview to be put on the work programme and I told the guy this, he looked at my file and said it shouldn't have been issued yet; it was too early.

 

In principle, you can be reassessed any time from three months after your last assessment. In practice, it usually takes longer than that. There may be a recommendation on the system as to when your next assessment should take place, but it is only a recommendation.

 

 

WCA - work capacity assessment??? Who does this and where is this done? I don't think I've ever had one under ESA.

 

Yes, Work Capability Assessment and you have had one done, even if you're not aware of it. For most people, the WCA process involves the ESA50 form, a face to face assessment ("medical") at an Atos office, and then a decision by a DWP Decision Maker. In some cases, especially those transferring from Incapacity Benefit, ESA is awarded without the need for the medical. That would seem to be what's happened in your case, but that's unusual.

 

 

I am also a little confused about what the ESA85 role is. Is this Atos' recommendations to the DWP?

 

Eh, yeah, more or less. The ESA85 is the report produced by the examiner at an Atos medical. It is sent to the DWP DM who makes an actual decision on ESA entitlement.

 

 

If I put on the ESA50 form "No change, use the last form" will that do?

 

No. I mean, you might get away with it, but I can't recommend that as good general advice. You seem to have been lucky once - don't assume that luck will continue.

*Actually, it seems that routine reassessment by Atos are not happening right now because of contractual disputes between Atos and the Government. Whatever is going on, it's not safe to assume this situation will persist indefinitely.

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ESA claimants are reassessed as a matter of routine*. The letter you get may not specifically state that it's a reassessment, but nonetheless, that's what it is.

 

 

 

 

In principle, you can be reassessed any time from three months after your last assessment. In practice, it usually takes longer than that. There may be a recommendation on the system as to when your next assessment should take place, but it is only a recommendation.

 

 

 

 

Yes, Work Capability Assessment and you have had one done, even if you're not aware of it. For most people, the WCA process involves the ESA50 form, a face to face assessment ("medical") at an Atos office, and then a decision by a DWP Decision Maker. In some cases, especially those transferring from Incapacity Benefit, ESA is awarded without the need for the medical. That would seem to be what's happened in your case, but that's unusual.

 

 

 

 

Eh, yeah, more or less. The ESA85 is the report produced by the examiner at an Atos medical. It is sent to the DWP DM who makes an actual decision on ESA entitlement.

 

 

 

 

No. I mean, you might get away with it, but I can't recommend that as good general advice. You seem to have been lucky once - don't assume that luck will continue.

*Actually, it seems that routine reassessment by Atos are not happening right now because of contractual disputes between Atos and the Government. Whatever is going on, it's not safe to assume this situation will persist indefinitely.

A nice useful post, thanks.

 

 

"In some cases, especially those transferring from Incapacity Benefit, ESA is awarded without the need for the medical." - Actually Income Support. A letter I got when complaining to the JCP outlined the chronology of my ESA claim and said I had achieved the points required (is it 13?).

 

 

With regards the filling out of future ESA50 forms the first section about physical abilities etc doesn't really apply to me as am down with chronic depression but have clinical depression (this does affect me physically with things like fatigue and endurance and so on). Do I really need to fill this section out if I put a note covering this?

 

 

The other thing with this is that I wrote a 5 page letter to some top bod at the DWP that got me into the support group. Can I not just attach this to the form with perhaps some additional hand written notes on the form (I realise there are other parts that will need dealing with but just as a general thing)?

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