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    • Hello,   I've recently been awarded PIP for a degenerative condition that has worsened & I'm finding it entitles me to more help with things like council tax, but is there anything else i can now apply for or that i could be able to get more support with now I'm on PIP? 
    • Hi all,   I had an Lloyds bank overdraft in 2019 with the overdraft amount being £1350 maxed out by December 2019. I had left the account alone for two/three months as the overdraft fees were basically ruining me(Adding to the £1350 overdraft), i then received a letter from Lloyds asking me to phone them regarding this debt (This was January 2020). I had phoned Lloyds and we went through an expenditure on the phone and the outcome was i was to make payment of £30 towards the debt for 6 months and then after the 6 months is up they would get in touch with me to discuss further options. (There was mention in January that after the 6 months there was a possibility of a loan to pay of the remaining balance and then you make payments against the loan for however many years/months you choose.) It is worth noting that whilst i was making these payments they seized all interest on my account.    I have made every payment since January and have gradually managed to reduce my overdraft down to £1200. My problem is that the bank have phoned as it now at that stage for re-discussion, they have asked me to go through another expenditure and i panicked and over estimated things to make it look like i had less income; not loads but i was in a deficit of -£47. Due to this they said they could not allow me to take out a loan as it would only mean i was borrowing more to pay of debt which they would not allow. It then got passed over to another team and he said that i only had two options. Take a one month break with all interest etc stopped and this will allow me to seek financial advice elsewhere, or they said they would default the payment and i can then pay the minimum i can afford but the default would stay on my credit file for 6 years. He mentioned that they wouldn't take any money of me to help clear the debt as i had a deficit of -£47 and that shows i financially cannot afford to do that option. I have looked at the effects a default can make to your credit file and it impacts it tremendously.   Lloyds asked me how i cover my expenses every month and i mentioned that my Grandparents help me out sometimes with cash flow. So the gentleman at Lloyd's suggested going away and asking my grandparents if they could contribute money to me to help aid in my debt. so that he could go back to the original team(I think collections team) and say she now has this ____ He is due to phone me on Thursday (Tomorrow). I can afford to contribute probably £50-£80 a month but it would mean cutting down on fuel and some other expenses.   Its worth noting that i have a credit card with Nationwide maxed to £1000 too and this will soon be at the stage where they charge interest and i cannot afford to clear this either. Is this worth writing to them about?   Is there anyone that can advise me on what to do to help me pay as little as i can and avoid the default PLEASE, any help is really REALLY appreciated.   Thank you all in advance.
    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
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Ragnbone

Results from Assessment 0 for everything

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I suffer with depression and social anxiety. I attended the appointment with my sister. I am on antidepressants a high dose, on beta blockers and waiting for CBT. I have suffered since a child and only started getting help in the last few years. I scored 0 on everything. How has this happened. We did record the interview knowing last time the interviewer lied about how I answered questions. I sorry for being blunt but feel like giving up on life with no hope everyday is so hard and this is just another worry. What am I meant to do, appealing is such a long stressful process and I don't think I could cope going through that again. It is so belittling. This is messing with my mental health. Please tell me what to do.

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I suffer with depression and social anxiety. I attended the appointment with my sister. I am on antidepressants a high dose, on beta blockers and waiting for CBT. I have suffered since a child and only started getting help in the last few years. I scored 0 on everything. How has this happened. We did record the interview knowing last time the interviewer lied about how I answered questions. I sorry for being blunt but feel like giving up on life with no hope everyday is so hard and this is just another worry. What am I meant to do, appealing is such a long stressful process and I don't think I could cope going through that again. It is so belittling. This is messing with my mental health. Please tell me what to do.

 

Speak to MIND about this. They probably come across this regularly and they should know the best way forward. It might be that you need to get your Doctors to write to DWP, so the decision maker has information available to assist them.


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Hello there.

 

You're doing your best, stay strong and hang on in there. :hug:

 

When was your assessment?

 

HB


Illegitimi non carborundum

 

 

 

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Zero points is the obligatory score for anyone suffering mental health issues, the WCA isn't designed to take into account any MH issues, deliberately so IMO.

 

It took me three years to fight the DWP, but the sense of relief and elation at the end of it when they were proved wrong on every aspect, was immense!

 

All I can say is to appeal straight away, AND get in touch with your local MP, especially if they belong to the self servatives (Tory)

 

Whilst it is still raw emotion for you now, I can't express how much you should focus on fighting them and highlighting their corrupt criminal

process, MIND is a great place to start, there is also Fightback you can find on facebook, although I do believe they have their own website now??

 

Yep here it is http://www.fightback4justice.co.uk/

 

DON'T give up! :boxing:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So do you feel able to go through the appeal process using the template in the forum stikky here? I know it can be stressful, but I suspect your other option is JSA, which has other drawbacks. Or maybe MIND or Welfare Rights will help you?

 

I agree with BB, 0 points is the norm these days. And as he says, you have to appeal within a month, which is straightforward to do. The effort comes later when you start on the reasons.

 

HB


Illegitimi non carborundum

 

 

 

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Unfortunately, the system now means that you first have to request a mandatory reconsideration. during the time the dwp make their decision, if you require an income you will need to claim JSA. Once the mandatory recon decision comes through, if it is not in your favour, you can then appeal and receive appeal rate esa. It is important that you get as much help as possible to get you through this. If you can get evidence from your gp to support any of the mental health descriptors then this might mean an early decision change and not having to do a full appeal.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Unfortunately, the system now means that you first have to request a mandatory reconsideration. during the time the dwp make their decision, if you require an income you will need to claim JSA.

 

And this is what makes my teeth itch! :-x

 

You won't get JSA if you're unfit for work! You try and claim JSA then they say you can't claim it because your not fit enough???

These crooks have got us over a barrel, absolutely criminal! Get your local MP involved ASAP.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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And this is what makes my teeth itch! :-x

 

 

I'm totally with you on that!


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I'm totally with you on that!

 

:thumb: Something I'm quite passionate about, I'd say angry, but I'll put it in a positive light, I can see another letter to my MP about this being sent....:madgrin:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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What would I say and ask my local MP if I was to contact them. How can they help me? Thank you everyone for your replies I am very grateful.

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Hi Ragnbone

 

I'm sorry you are stuck on the process that makes you feel (And a lot of others too) this bad.

 

As others have said, please contact MIND and other support groups. Also keep dialogue open with your Doctor. These things are better tackled when everyone works together.

 

Also Keep a diary from now on. Record things that reflect your life and the descriptors used to determine eligibility. "EG - had no energy as X wasnt available to help me prepare my food" or "Y could not take me to the shop today and I was to anxious to go out on my own, felt sick at the thought" This diary will help not only your appeal but also help you with your discussions with your GP and other medical practitioners.

 

Perhaps the most important thing is to keep your mental health as far in the right place for you as possible in order to make sure you can appeal. If you feel really down please talk to the Samaritans here http://www.samaritans.org/how-we-can-help-you/contact-us

 

Ultimately the medical professionals can help keep you in the right frame of mind to help fight this.

 

And as you have seen from the support here, we can help you with the process to try and end this horrid situation. You are not alone.

 

Kind regards

 

SS


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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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What would I say and ask my local MP if I was to contact them. How can they help me?

 

They ''should'' help by raising this in the commons, depending on who your MP is and if they have a spine!

 

Tell them that the WCA is still flawed and unfit for purpose, that they still purposely score you zero points in order that you have to go through the deliberately lethargic biased and skewed appeals process in order that you will a) either give up entirely and not claim anything, b) die of old age or c) commit suicide.

It really is as blunt as that!

 

However, you're not going to do either of those things, what you should do is become such a pain in the backside to this whole corrupt system that the DWP has now become, hammer the hell out of them and complain complain complain.

 

It needs to change, it has to change, and the only way we will be able to get them to change is by highlighting the gross criminal corrupt errors that they commit on a daily basis.

 

I have just read of another claimant who on receiving the copy of his WCA, the HCP claimed that they had turned up on their own, when in actual fact they had their carer sat next to them the whole of the WCA, truly maddening!!!:-x

 

Tell them that now they (the MP) have allowed the system to become as vicious as it has, that you are now left with no income, and you can't claim JSA as you're unfit to work, yet the lethargic appeals process, which they (the MP) have allowed, means that you are left without any income until the MC is carried out, which will again be a whitewash as you already know the answer and they will maintain you're fit for work, so you will have to appeal the appeal (MC) and start the long slog of bureaucracy red tape and deliberately misleading misinformation that the DWP sits out.....

 

You can find your local MP here, and you can also contact them through this site too.

https://www.writetothem.com/

 

This might be of some other help to you as well?

https://www.turn2us.org.uk/


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It might also help to remind yourself that none of this is personal. There are literally thousands of stories identical to yours where people score 0 on assessment then go on to be awarded benefit on appeal.

 

The sole purpose of ESA is to get as many people as possible off benefit altogether so you can either cave in, claim JSA and ultimately get sanctioned for not meeting the conditions (they should be waived or at least severely modified whilst you're waiting for a mandatory reconsideration on a fit for work decision) or you can sit it out until your appeal is heard and the decision is over turned.

 

Be aware that the decision maker may phone when you ask for a mandatory reconsideration, but you are not obliged to speak to them if you would be more comfortable not. I never admit my name until I know who is calling, and if they won't tell me then obviously it's not someone I need to speak to!


RMW

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

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Be aware that the decision maker may phone when you ask for a mandatory reconsideration, but you are not obliged to speak to them if you would be more comfortable not. I never admit my name until I know who is calling, and if they won't tell me then obviously it's not someone I need to speak to!

 

Very true indeed, good point!

 

Ooh, and what else is a very good point, is to fire off a SAR to the DWP, it's free, and will get everything they hold on file about you, so you can see

if they have any other evidence about you, that you can use to your advantage.

 

Personally I just like the idea of them having to go to all the trouble of trawling their archaic systems in order to comply with the SAR.

https://www.gov.uk/government/publications/dwp-request-for-personal-information just make sure you obtain ''proof of posting'' which is free from the PO counter.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Please don't give up.

 

I have serious Mental health issues and nerve damage , disc (3) in my neck/back and other problems.

 

I was getting PIP, then had a Atos " assessor" at my door. Never knew he was coming.

 

He was not nice nor understanding. Because of his lies , I was taken off everything and I tried to end my life. I was a complete mess, serious depression, which I would wish on no-one.

 

I contacted my local C.A.B I was overwhelmed with the support and kindness from them.

 

I complained to Atos myself. I could not attend the Tribunal to reinstate my PIP, as I was having terrible panic attacks over it.

 

My C.A.B advisor helped me so much and I won my appeal ( written) and I ended up with the higher PIP rate.

 

My mental state was horrendous at the time, now, I feel so much better. You HAVE to fight them!

 

Look on youtube, type atos.

 

Please, if you need any help or support feel free to ask me anything. I know how you feel, and I PROMISE you, there is light at the end.

 

I wish you the best of luck.

Edited by honeybee13
Pejorative term removed.

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Forgot to add, the assessor denied everything, and of course they took his side. Always have someone with you at any assessment, and record it if you can.

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Oh and yes, MIND were fantastic and Disability rights were amazing too. I know this thread is a bit old, but people are still going through this ridiculous joke "test".

 

Also, the person assesing you, ask them if they are qualified to do that. A lot of concerns about accessing mental health at the moment.

 

A nurse assessed me. NO background at all about my mental health issues! I wouldn't go to a garage and tell them, they are putting the tyres on wrong!

 

In my report the misinformation he told was the catalyst for me. Thankfully the Tribunal looked at my notes properly.

 

Anyone please feel free to ask me anything. I would be more than happy to help.

Edited by honeybee13
Pejorative term removed.

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