Jump to content


  • Tweets

  • Posts

    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 161 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

DWP knocked me off ESA because i couldn't attend my medical


missy2006
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3060 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

Last June i was supposed to go for my ESA medical but my son in law died on the same day with cancer

so obviously i had to be there for my daughter as much as i could,

 

 

phoned the medical people up explaining why i couldn't attend.

They said they would send another appointment out which was took until May 10th (Sunday) but before then my back had gone off

and i was bed ridden so i had to phone them up and explained i was in bed with a bad back

,the person was fine about it and said they would send another appointment out

 

 

on Tuesday 19th May i received a phone call from someone from the ESA who by the way was very nasty to me on the phone,

said your benefits have been stopped because i hadnt attended the medical,

 

 

i had to go for an appointment with someone at jobcentre plus on Thursday 21st May.

i went yesterday with a struggle and had an appointment with a lovely lady who as soon as she saw me struggling

that she said there wasn't anything she could do for me because in order to get jobseekers allowance

the person has to be fit for work, and she said its clear to me your not fit for work.

 

She said i had to get back in touch with ESA and to try and get back on.

Today i phoned a lovely man who said he would put in an appeal with ESA to get it reinstated

and if the appeal wasnt successful i would have to go to a tribunal.

 

 

What was alarming was he stated i wouldnt get any money at all until i get a decision which he stated could take upto 2 weeks.

 

How am i supposed to live with no money coming in bar what i get in DLA,

my housing benefit has been stopped so how am i supposed to pay that.

 

 

I feel iam being penalised for being disabled,

i suffer with mental health issues as well so not only am i in constant pain

i feel like killing myself with the added stress this is causing.

 

 

Maybe that's what this government wants people that have Mental Health issues

or physically disabled killing themselves just to get the figures down.

Link to post
Share on other sites

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Missy contact your local council and tell them you wish to restart your HB due to nil income,

I think there is a form you need to fill out. Sorry cant help you with the esa though

Link to post
Share on other sites

  • 2 weeks later...

Can someone help please

i received a letter from the DWP stating they were not allowing my appeal so where do i go from here.

The woman at the jobcenre plus stated iam not fit for work yet these people at the DWP state im not eligible for being on ESA.

Their excuses were that i had missed appointments in the past which was in 2013 which i cant remember

but obviously i wouldn't deliberately miss an appointment because of the threat of being sanctioned.

 

What has me upset the most is that they said one of the times was in 2014 when my son in law

who died on the very day of my medical assessment from cancer at the age of 27,

 

 

they said in this letter that he was just in hospital so it wasn't a good enough reason to miss the medical which is disgraceful,

as he had died 3 hours prior to my ATOS appointment

 

 

.How could i go to anywhere but to be with my daughter at this time she had just lost her husband.

I had every intention of going to the ATOS medical my sister took a day off work to take me so i wasnt not intending to go.

 

 

So iam left with no money bar the DLA i get to live on, ive had to borrow money from my sister to help tide me over until i can get some money.

 

I have the woman from the jobcentre plus words ringing in my head stating that in order to be eligible for jobseekers allowance,

a person has to be fit for work, actually going out looking for work which iam not able to do,

so how exactly do i get benefits when one person says im not fit for work (jobcenre plus) and the other stating im not eligible for ESA (DWP).

 

 

Exactly what can i do, can i go to my GP and ask them to help me in some way which i doubt they can anyway

who exactly can help me get this sorted because as ive stated in a previous post i feel iam being discriminated for being disabled.

 

Do the DWP think i go to the hospital every couple of weeks for physio for no reason,

surely the people i see know how bad iam hence why i go all the time. Also the amount of tablets im on

do the DWP think iam on them for no good reason do they think GP's dish them out to anyone who asks

, they see how bad iam hence they subscribe them because i actually need them to help me get through the day.

Link to post
Share on other sites

You can no longer appeal a decision you have to firstly request a mandatory reconsideration from a DWP decision maker,

 

 

You normally have 1 mths from the date on the letter to do this, only if they do not change the original decision can you appeal to a tribunal

 

 

, you can't be paid ESA whilst awaiting the MR unless you can prove your condition has worsened

 

 

or have new medical conditions so would be making a new claim for ESA and starting again

Link to post
Share on other sites

They have not changed their original decision thats why in my 2nd post ive said i was upset by them saying my son in law who died 3 hours before my medical to them wasn't a good enough reason to miss the appointment. I bet if i were from another country they wouldn't treat me this way just in case i said they were being racist.

Link to post
Share on other sites

So you have had a MR? if so you should be able to appeal that decision, if not then start a fresh claim for esa

 

Let me just go through this with you for clarity , You failed to attend the Atos wca, although you have good reason for not doing so,

 

From this FOI request i can see that they apparently only allow you to re schedule the wca once

https://www.whatdotheyknow.com/request/255582/response/633744/attach/html/2/FOI%20794%20reply.pdf.html

Although this obviously doesn't apply to requesting an audio recorded interview or change of medical centre due to access suitability

 

So then you requested a MR which was the result of was the same so the original decision stands ,? if so you have the right to appeal to a tribunal , ESA will be paid or should be paid once the appeal has been acknowledged by HMCTS and DWP has received this , You ideally should submit your application within 4 weeks of the MR

 

In the mean time if you have a new or your existing medical condition was worsened you can make a new esa claim subject to evidence from your GP

Link to post
Share on other sites

tommy thank you so much for your reply, i had to look to see what MR was but i found out it means mandatory reconsideration.Iam going to my local CAB tomorrow and i will ask them about that SSCS1 form. I don't think the death of my daughters husband 3 hours before my medical was an unreasonable thing for me to cancel my appointment.for them to say he was just in hospital and my cancelling wasn't a good enough reason is disgraceful.

Link to post
Share on other sites

tommy thank you so much for your reply, i had to look to see what MR was but i found out it means mandatory reconsideration.Iam going to my local CAB tomorrow and i will ask them about that SSCS1 form. I don't think the death of my daughters husband 3 hours before my medical was an unreasonable thing for me to cancel my appointment.for them to say he was just in hospital and my cancelling wasn't a good enough reason is disgraceful.
What you or i or any other rational person may think is good reason seems irrelevant when dealing with ATOS/DWP ect , The CAB should be able to give you good advice once you see one of their advisers who specialise in this sort of thing

Though i would get the appeal in ASAP the form is in the linky, just print it off, and complete it if you can if not CAB will sort it out and help you complete it if needed,

 

Hi Tommy. You've had three goes at posting what you said above, so I've removed two of them. If you can't see what you just posted, try using the refresh button on your browser. :)

 

HB

 

HB don't quite know why i had posted the same thing so many times i didn't intend to do that, come to think of i didn't even know i had , but thank's for removing the copies

Link to post
Share on other sites

  • 4 months later...

On the 8th October i had to go to a tribunal because the DWP knocked me off ESA because i couldn't attend my medical because i was flat on my back at the time.

 

 

Ive had no money bar what i get in DLA for 5 months

ive had to borrow money from my family just to pay my bills.

 

 

As i say i had to go to the tribunal and the judge awarded in my favour but said even if your really bad still turn up because this government will take any opportunity to knock people off.

she did say as well they no doubt will send out another appointment very soon for me to go for another medical.

 

What i want to know is when will i get all my money back that i was not paid for the 5 months

ive been waiting to get this sorted out, and do i have to do anything to get back on ESA or is that done automatically.

 

I really need that money back because i owe a lot of money i borrowed from my family.

Link to post
Share on other sites

The arrears are usually paid quite quick, my 30 month ESA arrears were paid within four weeks of the judges decision.

 

If you were on ESA at the time then you should automatically be placed straight back on it, and depending on what the 'prognosis' was will dictate how soon you are called back in for another interrogation.

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

Thank you both for your quick reply its much appreciated. as ive said ive had no money bar the little i get in DLA to live on. If i didn't get that exactly what do the DWP expect me or others in the same boat to live on. Its shocking they can get away with such practices.

Link to post
Share on other sites

They don't care what you have to live on, they'd much prefer you to die, commit suicide, or give up and stop claiming.

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

Asylum seeker????

 

Now you have lost my respect

 

What the Frac has an asylum seeker got to do with anything?

 

Many of us pure blood white anglo saxons have been through this with appeals to the tribunal service and DWP fascists. We know what it is like to have no money and live off tins of beans and no money for the electric metre. And i did not even have that luxury of DLA either

 

And you come onto this forum asking for help as well

 

I am out of here

Edited by obiter dictum
Link to post
Share on other sites

So in other words id be better off being an Asylum seeker than being myself, as id be treated fairer. This country stinks to the high heaven.:mad2:

I am sure if you met an asylum seeker and listened to what they have suffered your own woes would pale into insignificance, have you an example of how you think they are being treated more fairly, that might shed light on why you feel this way.

Link to post
Share on other sites

Asylum seeker????

 

Now you have lost my respect

 

What the Frac has an asylum seeker got to do with anything?

 

Many of us pure blood white anglo saxons have been through this with appeals to the tribunal service and DWP fascists. We know what it is like to have no money and live off tins of beans and no money for the electric metre. And i did not even have that luxury of DLA either

 

And you come onto this forum asking for help as well

 

I am out of here

 

I don't know why your getting annoyed its a fact an Asylum seeker would be provided with food and whatever else they needed if they were in this country, they wouldn't be left with hardly nothing like some people. Nothing racial in what ive said if thats what your getting at. And you are lying saying you have lived on nothing what so ever i don't believe you one little bit.

Link to post
Share on other sites

I am sure if you met an asylum seeker and listened to what they have suffered your own woes would pale into insignificance, have you an example of how you think they are being treated more fairly, that might shed light on why you feel this way.

 

Im not disputing what they have suffered all im saying and it was just an example was they wouldn't be treated the same way the DWP treats people that are disabled.

Link to post
Share on other sites

Having worked with asylum seekers in my position as a trade unuion rep i can say take the blinkers off and look at real facts, not the facts from the Daily Mail or Express

 

For the record an asylum seeker receives a maximum £27.00 a week paid for by the HM Border agency while the claim is being assessed

 

The Border agency then claim that cost back direct from either the EU or UN

 

It is not a UK Benefit but paid as the UK is a signatory to the humanitarian treatment of refugees

Edited by obiter dictum
Link to post
Share on other sites

Can I just say that this thread is about advising missy2006 and not discussing asylum seekers. Unfortunately missy did mention that in anger I imagine, but could we get back to discussing how missy could get some income in her circumstances please?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Can I just say that this thread is about advising missy2006 and not discussing asylum seekers. Unfortunately missy did mention that in anger I imagine, but could we get back to discussing how missy could get some income in her circumstances please?

 

HB

 

 

Thank you honeybee13 i mentioned them just as an example nothing more, and it wasn't out of anger with Asylum Seekers but the DWP and them not giving me anything for over 5 months.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...