Jump to content


  • Tweets

  • Posts

    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Blatant discrimination by DWP - RENEWED FOR 3 YEARS


reallymadwoman
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2777 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This morning the dreaded brown envelope arrived on the door mat inviting me to begin the process of converting from DLA to PIP. Long time users of the forum may remember the fun and games involved in converting my IB to ESA, so will guess that I'm less than ecstatic about this, but I knew this day would arrive eventually and so have prepared as thoroughly as I can.

 

Step 1 is make the actual claim. DWP know, or should know, that I don't do phones and have known this for at least 10 years, so I'm less than happy to get a letter demanding that I phone them though obviously realising it's a standard letter and an organisation as big as DWP can't possibly be expected to avoid deliberately upsetting claimants by asking the impossible. On top of that, I'm told very firmly that I must claim as soon as possible and certainly within 4 weeks. Since the letter has taken a week to get here, that's already reduced to 3 weeks, so I bite the bullet and decide it's going to be dealt with straight away.

 

Carer phones the number on the letter and after countless repetitions of 'find the answer to your query online' and 'you could call back later' finally gets to speak to an actual human being. Now, both carer and I appreciate that the people answering the phones don't necessarily have that much training in the specific benefit that they're dealing with, but the service we received to day was totally appalling, particularly since this is the dedicated PIP helpline.

 

First, the phone person insisted 4 times that he had to speak to me and only gave up when carer asked what he thought 'can't make or receive telephone calls' actually means and was he suggesting we were making this up. Then he had to go and ask someone else what he had to do. After another long pause, he advised we have to write in to ask for a paper form, he can't ask for it on our behalf and we can't phone anyone to ask for it. Since we know from experience that getting a response from DWP to an actual letter is likely to take weeks if it happens at all, this was not an acceptable solution given the tight time limits already in place. After some arguing, we were passed to a manager.

 

Again, after an enormous amount of arguing and another query as to what they think 'can't make or receive telephone calls' means, my carer faked me saying 'yes' so they would agree to post a form to us immediately. The explanation for their refusal to do this otherwise was on grounds of data protection, which is of course total b******s. How could they possibly breach data protection by sending a form to a claimant's address? Even if the claimant hadn't asked for it and didn't want it, all they would have to do is not fill it in! Also, this particular benefit was set up as a phone only benefit, so there's nothing in place for claims to be made any other way. Again, b******s because paper forms are available (though not downloadable because they have to have your name and NI number printed on them), and my previous research led me to believe a simple phone request for the form was sufficient, and even if it's true, it shouldn't be. There must be plenty of disabled people who cannot use a phone for some reason, so making a disability benefit only claimable by phone can only be designed to exclude a proportion of potential claimants.

 

Not surprisingly, I am absolutely fuming. Can you imagine what would happen if your bank suddenly decided they would only offer telephone banking and if you couldn't do that, tough - you have to write in every time you want to do anything? So why should DWP be able to get away with this?

 

On top of that, I didn't know until afterward that the first person my carer spoke to automatically assumed that if I can't do phones, I need an appointee - how insulting when for all he knew it was because I'm physically unable to speak? Does being unable to use a phone automatically mean you're incompetent to deal with your own affairs?

 

I so want to take them on over this, perhaps starting with a few disability forums of which I'm a member, and my MP. I'd also like to try a formal complaint, though from experience it will get absolutely nowhere. Any other suggestions folks?

RMW

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

Link to post
Share on other sites

  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Oh the DWP

 

Just like asking people who are wheel chair users to attend an interview on first floor where no lift exists or works.....

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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.

Link to post
Share on other sites

I remember many moons ago when my younger brother was still alive taking him, shortly after his 18th birthday, to one such meeting which they insisted he must attend.

 

My brother was completely dependant upon our family for every aspect of his care, could only vocalise his approval or disapproval of his immediate surroundings by laughing loudly or crying and was unable to support his own head, let alone fill in a form. After trying to explain this to the lady over the telephone and being told that he MUST attend himself and fill out his own form regardless of how well we explained his circumstances; I agreed that he would attend. I duly wheeled him into the room, told him I'd just be a couple of minutes and gave him a kiss on his forehead as I walked out. The person conducting the interview panicked as I closed the door behind me with my brother roaring with laughter but clearly quite unaware of his surroundings or the importance of his attendance. She bolted out of the door behind me, "You can't leave him on his own in there with me." she gasped, I did all I could to smile and say "well, I did try to explain..."

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Link to post
Share on other sites

This is the boss, get on to him as well:

 

Duncan-Smith, Iain (RH) - Chingford and Woodford Green - (Con)

 

[email protected]

 

Departmental

 

Department for Work & Pensions, Caxton House, Tothill Street, London, SW1H 9NA

 

Email: [email protected]

 

Constituency

 

64A Station Road, Chingford, London, E4 7BE

 

Email: [email protected]

 

I would copy the same email to all of those addresses. MPs won't respond unless you give them your full name and address, so don't miss out that bit.

Link to post
Share on other sites

How utterly ricidulous. I try to avoid using the phone because I can't understand most people and most people can't understand me. Yet, I don't actually need an apointee.

 

The whole thing is rather silly. Why can't they just send people the forms?

Link to post
Share on other sites

I was feeling quite peaceful until I read this..:mad2:

 

I find it utterly staggering that these clowns are still acting with impunity, after all of the bad press & media

and divulging exactly how many claimants were killed as a direct result of this governments social cleansing.

 

It took me three years to win this fight against them and to eventually put me into the SG, with a prognosis of 2 years, so I have a bit of a breather until 2017 at least!

 

I have a case ongoing against the DWP which is now at the ICE stage, where I have made a formal complaint about their maladministration and there blatant discrimination against claimants with MH issues.

 

But on the side line, I've got another complaint which the DWP have completely ignored, which is going to go straight to ICE when they run out of time to respond.

 

If there's one Govt dept that needs to go, it is most certainly this corrupt, rotten to the core department.

They've all got blood on their hands which they can't wash off.

 

Local MP is a must, although if they're a selfservative, don't hold your breath, mine won't respond to me now?

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!

 

 

Link to post
Share on other sites

Partly due to the stress of this morning, I am having a pretty horrible day painwise, so I'll hopefully be back tomorrow to respond to everyone who has posted and decide on the next step.

RMW

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

Link to post
Share on other sites

I am doing the same, changing from DLA to PIP, they wanted me to attend a center 2 hours away by public transport for assessment, I phoned them because they wanted me there at 9 in the morning....yea right travel during rush hour on an extremly busy train line to get there....impossible for me! When I did phone up to rearrange(you are allowed one change) they said would you like an appointment in your home city!

I asked why wasnt this given in the first place...answer was appointments are computer generated for the first available appointment within 90 mins travel time....no way would I get there in that time!

Link to post
Share on other sites

I am doing the same, changing from DLA to PIP, they wanted me to attend a center 2 hours away by public transport for assessment, I phoned them because they wanted me there at 9 in the morning....yea right travel during rush hour on an extremly busy train line to get there....impossible for me! When I did phone up to rearrange(you are allowed one change) they said would you like an appointment in your home city!

I asked why wasnt this given in the first place...answer was appointments are computer generated for the first available appointment within 90 mins travel time....no way would I get there in that time!

 

This is a lie about first appt available - they did the same to me for an esa assessment, and when they gave me an appt in my home city it was sooner! I think they do it as it's an easy fail if you travel the distance.

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

Link to post
Share on other sites

I have had my letter today and went through the telephone pre-assessment.

 

I don't like it because I get bad pins and needles holding the phone for so long and cannot concentrate whilst they rattle through so much info.

 

At the beginning of the call, it was rather misleading because the person seemed to suggest that they would get the info from my DLA claim and my GP and asked me if I had another HCP who could also provide more 'evidence' - but I don't.

 

Only later did he mention the assessment by a HCP - kind of slipped in as he rattled through the wads of info and wanted to know if it was ok to pass my medical data to third parties. He was vague about what they would be but seemed to suggest it would be something like ATOS (are they still doing these assessments?).

 

I did remember to ask about where my medical assessment would be because I had no way of managing a long journey and was given a phone number to call (recommended doing it sooner than later) to arrange a more local appointment or even a home visit.

 

Does anyone know if a home visit is a good idea?

 

I do feel that the system needed a huge overhaul, but what they've put in place seems to be no better at catching those who are cheating, whilst making the lives of those who are genuinely in need, an absolute nightmare.

Link to post
Share on other sites

Many thanks for all the replies, still not on top of the world so if I've missed something that needs a specific response, apologies and probably best to post again. My brain gets fuddled after reading more than two words at a time at the moment, it's allegedly the drugs, but sometimes I think it's just me!

 

At the insistence of my family, I'm going to have to let this one go unless one or more of the emails I've already sent prompts someone else into taking this up. They reminded me that when I took on DWP and ATOS over the ESA fiasco, not only did it seriously damage my health, it also got me precisely nowhere - the Independent Examiner decided in the end that although I'm not allowed into my local assessment centre because of stairs, it's my own fault I couldn't have my assessment there. Anyway, my health has now deteriorated to the point where I didn't actually take much persuading to drop it, though with regret, I hate letting bullies win, but I only need to remind myself how badly yesterday has affected me to see the wisdom in what my family suggested.

 

I just hope that a) the form turns up and b) we don't have a repeat of the ESA nightmare over an assessment since it's still ATOS in my area. I shall use this thread to record my experience in case it's of help to someone else.

RMW

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

Link to post
Share on other sites

DWP are going all out to make it difficult for me to drop this.

 

We were promised the form would be here within 5 days at the most, and probably only two or three, so one week on and another lengthy wait on the phone and you've probably guessed what's coming next - absolutely no record of any phone call or a request for a form to be sent, so start all over again, including 'just because someone doesn't do phones it doesn't mean they can't handle their own affairs' and 'which bit of can't do phones is it that you don't understand?'.

 

Luckily this time it was all done outside my hearing and I didn't know until afterward, but still my blood is boiling again.

 

No response from any of mylf last week's emails yet either. Reminder to self - our MP = chocolate teapot.

RMW

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

Link to post
Share on other sites

This is the boss, get on to him as well:

 

Duncan-Smith, Iain (RH) - Chingford and Woodford Green - (Con)

 

[email protected]

 

Departmental

 

Department for Work & Pensions, Caxton House, Tothill Street, London, SW1H 9NA

 

Email: [email protected]

 

Constituency

 

64A Station Road, Chingford, London, E4 7BE

 

Email: [email protected]

 

I would copy the same email to all of those addresses. MPs won't respond unless you give them your full name and address, so don't miss out that bit.

 

Have you emailed any of the above ?

Link to post
Share on other sites

I thought they recorded all phone calls for legal and training purposes?

 

Only when it suits them, Nystagmite.

 

RMW, this is really shocking treatment and I hope you are able to put in a formal complaint.

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

Link to post
Share on other sites

Start their lethargic complaints process, not that they have one, as it seems to have disappeared all of a sudden?

 

However mark your letters as ''FORMAL COMPLAINT'' again, it won't matter as they will ignore that, then give them 8 weeks in which

to respond and sort out your complaint, then get onto the Independent Case Examiner (ICE) who have an astronomical work load atm

due to these clowns acting with impunity.

 

You also really need to get your local MP in on this too, although as I said if they're a selfservative, don't hold your breath, but at

least put it to them that they need to be demanding answers from Idiot d1ckhead smith and Sc@moron why they are continuing with

their social cleansing.

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!

 

 

Link to post
Share on other sites

I don't read that any form of complaint action has been taken yet. You will get nowhere unless you start to complain and make those complaints to as many as you can, especially IDS and look for him on twitter as well.

Link to post
Share on other sites

I had been persuaded by my family to let this go, but that was on the assumption that the promised paper claim form would actually turn up.

 

I have been all the way to the Independent Examiner before, I know the process and I know it will take forever. I am under no illusion that it will change anything, but miracles do sometimes happen. The biggest issue will be getting a response from DWP at all.

 

My MP is a complete waste of space - he might as well be IDS for all the good complaining to him ever does. Both he and IDS had emails last week but I'm not holding my breath for a response. One charity whom I have contacted are sympathetic but wish me well with my complaint. None of the others have responded yet, but it is only just over a week.

 

Whilst I do want to pursue this I do also have to be realistic about my stamina - I can no longer do what I could even 2 years ago with the whole ESA fiasco - so priority at the moment has to go to getting all the bits of paper properly lined up for the PIP claim. Once that's done, I'll be back on the letter writing treadmill once more.

RMW

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

Link to post
Share on other sites

  • 2 weeks later...

I now have less than 10 days to get my claim in before the deadline, the second requested paper form hasn't turned up either and I'm beginning to accept that not only is this going to turn into a similar fiasco to the transfer to ESA, but my DLA is going to stop in the meantime and I'm going to have one hell of a fight to get it reinstated or get the PIP backdated so there's no gap. Luckily, I'm not going to starve without the money and my council has just issued me with a new blue badge so the loss of money doesn't matter too much and it might actually help. One of the reasons ICE found against me last time was that my IB had continued in payment so I'd suffered no financial loss.

 

In the post today (with certificate of posting) is

 

1. Completed form downloaded from the internet, with 'specimen' stamped all over it.

2. Letter of explanation stating that neither of the promised paper forms have turned up.

 

Want to take bets on whether or not it's accepted as a valid claim? I can't see any reason why it shouldn't be - I've handwritten (by me, I mean the minion, I have trouble writing as well) my name and NI number on each page so other than the specimen thing it's exactly the same as the one you fill in over the phone. If it isn't accepted then it's probably an easy challenge but there is a little bit of the old me that really hopes it not only goes all the way to a tribunal but ends up going to the second tier as well, but only if someone else does all the work!

 

I've already started filling in the 'How your disability affects you' form, though that will mostly be 'see attached'. I've asked for an electronic copy as I find typing much easier than writing, but we already know that's not going to happen.

 

Having a minor surgical procedure at lunchtime, no idea how I'll feel after so may be a few days before I'm back.

RMW

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

Link to post
Share on other sites

They really are not making your life easy, are they RMW?

 

Hope all goes well at your lunch date !

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

Link to post
Share on other sites

Fingers crossed that something starts to go right for you because I can only share in what this nightmare of changes does to you.

 

I do believe they are deliberately attempting to make it so tough for those who find it hardest to cope that they hope they just go into a decline and disappear.

 

Take the comments by those two (rude comment) persons about how they need to cut all the benefits to the elderly now because a lot will be dead by the next election and many that remain won't remember who slashed their benefits so they'd freeze in the winter and become housebound when they couldn't afford to pay for the bus fares.

 

And of course, they are sure we will understand we have to make these sacrifices for the next generation.

 

Just the most awful people on this planet, demonising those of us who they judge worthless.

 

Good luck and hope your lunchtime date has gone smoothly at least.

Link to post
Share on other sites

So had one full day for recovery but still even more drowsy than usual due to the extra medication. When I've finished at least the first draft of the PIP equivalent of an ESA50, I'll start on a formal complaint. How far I'll be willing or able to take it remains in question, but I have to at least try.

Everyone that I've mentioned this to also thinks it's deliberately designed to discourage claims. I think that's giving the DWP too much credit, though I'm sure for them it's a most happy accident.

RMW

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...