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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  
    • @BankFodder is this ok to send to all contacts at aviva regarding the final notification debt letter theyve sent   I received your correspondence regarding the notice of debt dated 8th June received 12th June giving me 7 days to make payment. I don’t owe this money and the policy was taken out by my brother by a fraud in which you were complicit. The police are aware I have a crime reference number 1XXXXX this fraud is being investigated by PC XX, she will be emailing yourselves I give full authorisation for her to discuss any aspects of this case with yourselves.
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ESA Issue waiting over 9 months


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I put in a claim for ESA in November 2013 for Chronic Pain, Chronic Fatigue, IBS, Chronic Asthma and other issues, over the last few months I've also been diagnosed with Fibromyalgia and COPD.

 

I filled in a very thorough ESA50 and sent a lot of medical evidence with it and stated sections 29 and 35 stating it would be a risk to my mental and physical health if I was found not to have a limited capacity to work after a WCA.

 

I also requested that if I had to have an assessment then I wanted it at home and recorded.

 

Haven't heard anything, I have complained to ATOS who said it would be passed onto the customer relations manager or something, my MP contacted the DWP and was basically fobbed off.

 

My Asthma Nurse and Respiratory Consultant say I shouldn't even have an assessment.

 

Can I send in more evidence? If I get some more supporting letters from my Asthma Nurse and Respiratory Consultant is there any chance that this could prevent me from having an assessment? I do have copies of two letters from my respiratory consultant already but waiting for another one to arrive.

 

My main concern though is the fact it' nearly 10 months now and II've not heard anything.

 

Does anyone have any email addresses for the DWP or ATOS where I can send them more evidence? I don't trust them to get it by post even via recorded delivery, too much stuff seems to go missing.

 

Thank you for your time.

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DWP don't accept complaints really via email, you'd be better off using snail mail. Get proof of posting at least as DWP also lose things.

 

If you're complaining about the delay, 9 months isn't unusual. I waited 6 weeks short of 2 years for my home assessment.

 

Do complain however, as it's still utterly unreasonable.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Your MP should have received an adequate response by letter from the JSA/DWP which he/she would then have relayed to you in a letter. The JSA/DWP letter would then have a phone number and an address you can use to further your case if you were not happy by the response.

 

 

This is what happened for me for my case and the letter I wrote to further my case got me into the Support Group.

 

 

These are (I'm in the London area so they may be different for you?)

 

 

Genna O'Connor at Glasgow Northgate Benefit Centre on 0141 207 0543

 

 

or

 

 

DWP Director General, Operations, Noel Shanahan, PO Box 50101, London, SW1P 2WU.

 

 

If you are not in the London area then you could ring O'Connor in the hope of getting your specific area details. What I found was that it is these people who actually have the clout to get things done and those below them are just pen pushers just following the rules so ringing O'Connor can't do any harm.

 

Actually, rereading your OP I'm not too sure my post is too applicable. Your issue seems to be one of time and of having to wait? To get a home visit you will need a doctors note which they will ask for in due course when you request for one. This site doesn't seem to have an erase button for misdirected posts.

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Thanks for the replies, I've just got a copy of the letter that the DWP sent my MP and it isn't adequate, it's a fob off letter, I have emailed and requested a supportive letter from my Rheumatologist and Respirator Consultant, hopefully they will help, when I see my Asthma Nurse again this week, I'm gonna ask her for a supportive letter too and ask her to state my problems and how they are affecting me.

 

My lung function is now 51%, I'm in my 30s and due to chronic asthma and COPD, I've lost half of my lung function plus I suffer from chronic fatigue, Fibromyalgia and IBS.

 

Waiting almost 10 months is so frustrating and I've already sent enough medical evidence but I'm going to be sending even more.

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I got an email from an ATOS customer relations manager today saying:

 

"Further to my letter to you yesterday I have just been forwarded your email below together with the attachments you sent.

 

I have sent the additional information you have provided to our Bristol office and have requested that it be linked with your file and considered when the information from your GP is returned.

 

I hope that this is helpful"

 

I haven't got their letter yet but is this usual?

 

Thanks.

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It would appear that they are requesting further evidence from your GP or perhaps asking his opinion on whether you need a home assessment. They do sometimes contact GPs, it's not unusual. It would imply however that you're getting to the top of the waiting list.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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My GP practice manager emailed me yesterday to say they received an an ESA113 form which has been completed and sent back.

 

My worry is that I haven't had much support from the GPs there and that I've seen 6 or 7 different doctors there this year and they are not fully aware of all my problems due to the fact that I am being dealt with by specialists such as Rheumatologists, Asthma Nurses and Respiratory Consultants.

 

My Respiratory Consultant has done me a letter stating I have COPD and Chronic Asthma and how they affect me, I should get this letter through the post by Wednesday so I can send that to ATOS as additional evidence, I also have letters from a Neurologist from last year stating I have memory issues, fatigue, pain and other issues, a Gastroenterology letter saying I have digestive issues such as IBS and GERD.

 

Also my Rheumatologist is hopefully going to do me a supporting letter, would all this count for more than the ESA113?

 

Thanks.

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I saw my asthma nurse today and I'm not happy as I got a glimpse of the ESA113 form, the GP it was addressed to did not fill it out, it was filled out by a GP who I've never seen before regarding my health issues. I am getting a full copy this week and although he stated I suffer from Asthma, COPD and Fibromyalgia he missed out IBS, GERD, Hiatus Hernia, Unilateral Migraines, Chronic Fatigue and other issues and I'm not happy that because the GP it was addressed to was on holiday that this GP has filled it out, why not just wait? Although I've not seen the GP it was addressed to since March she knows my history much better.

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My Respiratory Consultant has done me a letter to say that I have chronic Asthma and COPD and my peak flows are 50% less than normal and that I am out of breath which limits my ability to perform physical tasks and that I have chronic fatigue and Fibromyalgia which further limits my ability to perform physical tasks.

 

I've sent this to the customer relations manager at ATOS who will add it to my file, will they actually take notice of this?

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I've sent this to the customer relations manager at ATOS who will add it to my file, will they actually take notice of this?

 

Who knows? I ended up sending ATOS about 50 pages of additional evidence since my condition kept getting worse whilst I was waiting but the doc had clearly not read any of it when she finally turned up. All you can do is keep hassling them and complaining.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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6 weeks short of 2 years I finally got assessed, put in support group.

 

From my file it's obvious that everything I sent in just got filed and no one actually looked at it or reconsidered if I needed to have a face to face assessment.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

My MP contacted the DWP last month and I contacted him again last week and he said he was going to contact ATOS. I received an email from ATOS today stating:-

 

I can confirm that a Health Care Professional (HCP) reviewed the available evidence and advice was provided to the Department for Work and Pensions (DWP) on 19th September 2014 that you meet the criteria for the Support Group for Employment and Support Allowance (ESA). Your file is in the process of being returned to the DWP and you will not be required to attend a Work Capability Assessment at this time.

 

Atos Healthcare is contracted to provide independent medical advice to the DWP. However, the DWP may choose to accept or reject this advice. Ultimately, the decision on benefit entitlement and whether or not a customer is entitled to benefit and is placed in a group rests with the Decision Maker at the DWP. The DWP will contact you in due course".

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  • 2 months later...
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