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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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Health Assessment Advisory Service - The Moment I Have Been Dreading!


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Hi all

 

Well, I knew it wouldn't last forever - the dreaded letter came this morning for an assessment on 17th August. Now, before I go any further I know already with mild anxiety and depression and a blood disorder as well as bad back occassionaly I have failed - I will get ZERO points so I am not that fussed by the actual appointment and result - if I know in advance the descriptors show ZERO I am not set up for a fall.

 

Now, I know I can claim travel expenses that is not a problem but I need to take a few things with me. I have various medical letters and reports which is fine, my medication is fine I can take all of that but re ID my passport is out of date and they say 3 forms of ID - would driving license, DWP letter and council letter be OK? I am failing so none of this really matters - not negativity just realism.

 

What happens after the assessment? I know I am failing so once DWP get the report and I back on JSA straight away? If so do I reclaim or just switched back? I am worried about loss of money in the interim. Also, My INGEUS sentence started Feb 2014 so even if thrown back on JSA will I be back there until Feb 2016 (if no job found) or do I do the whole 2 years again? I don't think I can handle 2 years again but 6 months of needed I can just about tolerate.

 

Also, re voluntary work - I still do 10 hours per week so presume I still can? Will I also need a new claimant commitment as a new JSA claimant or will it be a quick rapid reclaim?

 

Sorry for all the questions

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make sure you take someone with you

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I did think about that but I am going on my own - my Father or Mother cannot go due to illness and they would also have to pay the train fare. It is not so bad knowing you have failed (zero) before you walk in so no pressure. Just want to get in and out

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As a follow up to this as a previous claimant of JSA but now in a UC area would I be shoved on to UC as I claim JSA and HB after my ESA claim has been stopped? I thought even if I am in a UC area as I previously claimed JSA and HB this would continue rather than under the format of UC.

 

 

Also, can anyone help re my question re INGEUS 'sentence'

 

 

I am hearing horror stories about UC so obviously worried. Also, once my ESA is stopped do I need to reclaim in full for my HB and JSA? If so I could be without money for ages. Should I also, once ESA is stopped contact the council to say while I am transferring I am on 'nil income'?

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Your two year sentence with Ingeus starts from the day you were first summons to their establishment. Any time spent in work, off benefits, or on assessment phase of ESA counts towards the 104 weeks. If I remember correctly, you were consigned to Ingeus in February 2014, so your release date will be Feb. 2016.

 

As for the council, I would recommend keeping them informed of any changes in writing as they happen. It might be of benefit to pop in to their offices and let them know that you will most likely be transferring to JSA or UC. But I'd wait until you have had the assessment before doing anything.

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Your two year sentence with Ingeus starts from the day you were first summons to their establishment. Any time spent in work, off benefits, or on assessment phase of ESA counts towards the 104 weeks. If I remember correctly, you were consigned to Ingeus in February 2014, so your release date will be Feb. 2016.

 

As for the council, I would recommend keeping them informed of any changes in writing as they happen. It might be of benefit to pop in to their offices and let them know that you will most likely be transferring to JSA or UC. But I'd wait until you have had the assessment before doing anything.

 

Thanks. I was unsure if I had to start at INGEUS again, that would have given me a breakdown. At least now, if things do not change, I only have a 6 month sentence rather than 24 months which I can just about handle at a push although it was them that sent me on to ESA in the first place so a vicious circle.

 

I obviously want to work but there simply isn't gainful employment in my field. Obviously I hope it does not happen but what if I was to get ill again via JSA/UC and the WP - I cannot go back to ESA? So, if I have a breakdown or major anxiety issues I cannot claim ESA and have to endure the WP and JCP?

 

Obviously once my assessment is done on August 17th and I have failed with ZERO I will inform the council and keep them up to speed.

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I actually email my council....quicker and cheaper than letters and proof of advising them of changes etc. plus I get an auto reply that its been recieved and they do answer fairly quickly.

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I emailed my council and have an automated response so that is good.

 

Another question - my current sick note takes me to mid October, if (sorry, WHEN) I am forced back to JSA/UC from ESA surely they cannot disregard my GP's advice/sick note period?

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Sadly I believe they can. Remember it's not about wether your ill or not, but wether in their eyes you're fit for some kind of work.

 

So you can be very ill (as many claimants have found out) and yet declared fit for work by the DWP.

 

It's an appalling system imo.

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Sadly I believe they can. Remember it's not about wether your ill or not, but wether in their eyes you're fit for some kind of work.

 

So you can be very ill (as many claimants have found out) and yet declared fit for work by the DWP.

 

It's an appalling system imo.

 

So, just to be clear, a GP who is medically and professionally trained to deal with sickness whether physical or mental signs someone off via his/her own professional opinion based on information and tests done on the patient but this counts for NOTHING? Seems fair enough. So when back on JSA and I am mentally incapable (as my note says Oct 2015) to look for work I should still be seeking work and attending workshops etc? Makes sense

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So, just to be clear, a GP who is medically and professionally trained to deal with sickness whether physical or mental signs someone off via his/her own professional opinion based on information and tests done on the patient but this counts for NOTHING?

 

Yep. Many people don't realise this until they enter the system and by then Its far too late.

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Yep. Many people don't realise this until they enter the system and by then Its far too late.

 

Makes a mockery of the whole system. Basically the patient as well as a medical professional has been undermined. A note that says you are NOT fit for work but then FORCED to look for work. How is that even legal? What happens if for example you are being treated for anxiety/depression etc - forced back on to JSA, crumble under pressure and have a breakdown. Your EXISTING note says you were UNFIT for work but you have been FORCED back as 'being fit'

 

Surely there are legal implications?

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What I think is a better idea is that the WCA is for SG eligibility only.

 

Then when someone claims for JSA if they are deemed not fit enough to work they get shoved onto WRAG by default, so basically everyone is caught in the net, so this would mean no WCA's for WRAG but consider new claimants on WRAG only get the same as JSA now it shouldn't be a massive deal.

 

My idea seems too much sense tho, so the DWP would never do it.

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  • 2 weeks later...

Well tomorrow is the day. Got my letter, ID and meds ready to take and have to lay out £17 (borrowed off Father) for my train journey there.

 

Usually I am worried about these sort of things but you know what? Knowing it is a pointless exercise and you are getting ZERO makes it easier as there is no worry about failing/passing. To be honest, one look at me "yes, he can walk, speak, lift his arms, hold a conversation" and it is over anyway. Hope I am in and out in 5-10 minutes.

 

Not taking anyone with me, parents are at hospital themselves for something and to be honest no need for anyone to be there. Just sign the report and let me leave and chuck be back on JSA. Yes, nothingwrong with me, my doctor has signed me off for no reason at all but you override his decision.

 

How soon after this waste of time am I chucked back on to JSA? Immediate? Do Ire-apply for JSA or am I put back on it automatically? Who informs INGEUS (6 months left) that I am back with them so they can really 'help me' find work. Also, even though I will still lose can I appeal to delay going back to JSA/Ingeus? Is that my right?

 

Ironically I had an interview last week and waiting to hear next week (full time 32 hours a week)

 

Thanks

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1. How soon DWP process the outcome of your WCA is tantamount to asking how long is a piece of string - keep chilling and the longer they take the better, probably.

2. If you're found fit for work, you will need to re-apply for JSA, they won't do it for you.

3. First step would be mandatory reconsideration, during which time you either claim JSA (though the conditions should be modified to take account of your health) or starve. There's no time limit and you may get a call from the decision maker to discuss your claim, though of course you're not obliged to speak to them.

4. If the decision is upheld, you can then appeal and go back on assessment rate ESA.

 

That said, they do sometimes get things right first time, so there's always hope. Make sure you know which descriptors you should score points for and make sure you get that into the assessment, even if it's when they ask if you have any questions! Good luck and keep with the attitude, don't let them grind you down. And good luck with the interview too.

RMW

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

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Well tomorrow is the day. [...] and have to lay out £17 (borrowed off Father) for my train journey there.

 

When you get there, make sure you get the travel expenses refunded before doing anything else.

 

Yes, you have the right to appeal any decision made as a result of the WCA, but I'm not sure how that affects the requirement to return to Ingeus. Would need to read the guidance notes to see what it says about claimants during the appeals phase. I suspect you would be transferred to JSA whilst an appeal is being considered and you would have to attend Ingeus as a result.

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When you get there, make sure you get the travel expenses refunded before doing anything else.

 

Yes, you have the right to appeal any decision made as a result of the WCA, but I'm not sure how that affects the requirement to return to Ingeus. Would need to read the guidance notes to see what it says about claimants during the appeals phase. I suspect you would be transferred to JSA whilst an appeal is being considered and you would have to attend Ingeus as a result.

 

Here's how I read things: after a failed WCA (and assuming intent to challenge the decision) then the claimant must request a Mandatory Reconsideration. While that's being processed, the claimant must claim JSA so I guess that means Ingeus attendance if required. Once the MR is completed (and the highly likely rejection notice received) then it's possible to make a Tribunal appeal. Once that's done, it's possible to claim ESA again, and return to the Assessment Phase. My understanding is that WP participation is not mandatory for those in the Assessment Phase.

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Well, that is that over with! Got in 30 minutes late and was in there for around an hour. We went through all of my hospital reports, conditions and medication and then went on to discuss how my anxiety and depression affects my every day life which I did re travelling, meeting people etc.

 

A few 'trick' questions were thrown in like "how did you get here" "did you walk from the station" "who does your shopping at home" "do you drive" all in reference to my back problem. she then made me try and lay on a bed and relax but I couldn't due to a pulling in my back.

 

She was pleasant enough but we both know the outcome based on answers I gave and her general responses to what I said. Put it this way, a man who lives near me had his assessment after me and we were chatting in the waiting area and he has two walking sticks, degenerative osteo (can't spell the rest!) can hardly ove his hands etc and he failed on 9 points before after his GP telling him he could not work but ATOS (now whatever it is called) telling him he was fit enough for work and must claim JSA.

 

It is not very PC I know but unless you have no arms or legs and are literally mentally unstable i.e bipolar you will not get past this assessment with the 15 points needed so I know I am back on JSA unless I get the job I was after which I am still waiting to hear from.

 

It ended with me being told I could wait UP TO 2 months for the report before anything happend and in the meantime keep my sick notes up to date. So, if I do not get this job JSA it is - will need to see what the process is once I get the report through but won't worry until then.

 

Left the office, grabbed a frappe and got the train home

 

The end!

 

P.S They done my travel expenses as I got there so were on the ball without me asking

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They done my travel expenses as I got there so were on the ball without me asking

 

At least that was one thing less to worry about. Fingers crossed that you get a reasonable score. Depending on what you score, should you have to go back to claiming JSA, you can use it to negotiate restrictions in your JSAg or Claimant Commitment.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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No... you can't eat my brain just yet. I need it a little while longer.

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