hi i won my appeal but i have some questions what is regulation 35? how long does it takle for the esa appeal to update

My daughter bought a custom built laptop from an on-line company in November last year and it hasn't ever connected to the internet. She thought she wasn't operating it correctly so didn't return it straight away. We've all had a go trying to get it to connect to no avail so after Christmas she got a friend who works in IT to have a look and he said there is no internet card. She sent an e-mail to the company asking to return it and they have refused. Their literature says that you do have to return in a month but she is at University and has a retail job which was manic over the festive season. She is angry as she spent £550 on this and now they won't look at it. Would anyone know what rights she has? Surely she can't be left high and dry like this as this hasn't ever worked. Be really grateful if anyone could advise us. Thanks

Hi, I have read lots of the forum in relation to landlords not returning deposits etc but my case is slightly different and I'm hoping someone here can advise me I was a lodger in a couples house (they had access to my bedroom to fix radiator etc, no lock on door) which I found on the spare room website. I did not agree any length of term or notice terms and did not sign any paperwork. They asked for £390 deposit which I gave and paid my rent monthly in advance. I didn't feel particularly welcome there but it was cheap so I stayed for 6 months until she had a fit one day and accused me of physically smashing her microwave to pieces, shouting and me and then storming off. I never raised my voice or swore, but told her that I had not damaged it. She stormed off and 10 minutes later her husband found that the spring had fallen out of the door and fixed it straight away. At this point I decided I needed to move out so found somewhere else to live and a few days later (26th dec) gave her a months notice to move out. I thought this was the right and reasonable thing to do although as we had no contract and I could have moved out there and then. 2 weeks later I had my dog staying, this was agree when I moved in that he could stay every now and then. He had stayed the night a few times before and it was never an issue. At around 1800 on a Friday night he came to me and said the dog couldn't stay. It had snowed heavily and I couldn't get my car out to take him anywhere and I told him he was being completely unreasonable as it was dark and icy and I had no where else to take the dog. He was adamant the dog had to go so I said "if the dog isnt welcome then I'm not welcome" to which he relied "well yeah". I moved out that night and asked for my deposit and remainder of rent being £563. I had to go back the next day to collect a few items and I again asked for my money back to which they said they didn't owe me rent. Since I moved out over a week ago I have emailed asked for my money which they have ignored. I am going to give them 7 days and then write to them asking for the money which I know they will also ignore. How long is reasonable to wait before threatening county court action? Also am I entitled to claim the extra rent back as I had no choice but to move out at their request? Any advise would be appreciated. Thanks

I'm not entirely sure of my rights so thought I would ask on here. We have been in our flat since July 2011. Last winter we reported issues with the windows as they are very draughty and cold air just pours in through them. As we live in one of the highest places in our town the wind can become rather blowy. On windy days the curtains billow with every gust. My living room and my son's bedroom are the worst. In fact, it can reach 10 degrees or less in his room overnight and that is with the heating ON. The housing association did nothing. They sent someone round who said there was nothing they could do as the windows are old. The main problem with them is that the windows open inwards so when the wind hits them it can push them open just enough to let all that freezing air in to the flat. We had 70mph gusts last night, the wind was blowing through my living room, my boys room hit 8 degrees and it was extremely cold. Remember, I have the heating on. Which, I know, is pointless and a complete waste of money. Now, should the housing association do something about it? They work alongside the council to provide council accommodation so, in effect, we are council tenants. Not sure if that makes a difference.

My mum is ill she suffers from very bad Osteoarthritis in her legs and hips and degenerative lumbar spinal discs, she also suffers with depression and panic attacks, she in constant chronic pain due to having both illnesses together, she cannot walk much and not unaided but when she does walk she is very slow and stops many times due the the pain and discomfort, she cannot stand unaided and for long as the pain is bad and she is weak on her legs, she has problems sitting, when she does finally manage to sit its not long before she is in so much pain, she cannot bend, dress or have a bath on her own as she cannnot do it etc.. she struggles day to day, Her Dr and Hospital consultant have both said that there is no cure and she will not get rid of these illness and they will get worse, she use to work but due to her illnesses/disabilties she cannot anymore and that was said by her GP and Hospital Consultant. She had a work assessment for ESA and got told she fit for work, even though she could not do the things they asked her, she screamed in pain, the assesor must of been blind, she help hold my mum, but the report was so made up and so many lies and conradictions it was unbelieveable she appealed, she been waiting along time to hear when it be then she got a letter in october saying the hearing s in novemeber Well she had her appeal hearing on monday, it went well, she was awared enough points to pass the limited capabltiy for work and put in the support group . the appeal hearing was not a bad as we thought it be, they were friendly and listened and didnt judge:-), we were only in the actual hearing about just over 10 mintues, they said that they already sort of came to the decsion before hand just reading all the evidence and medical documentation that we and the CAB sent in and that they just wanted to clarify some things. so just to let people know not to give up. can anyone tell me how long have they waited for their money to go back up to what it should of been and for the back pay, we been told different things:???:, and with christmas coming up, my mum could do with having her money increase to what it should be. Before ESA my mum was on income support with a sickness element on top, she then got told she be moved to esa and thats when she had her assessment in july 2011 but she didnt hear from that untill 14th october 2011 when they said she failed it, she been getting the bacis rate noe since then so thats 13 months so can anyone say when they would pay the back pay from. also another question, we was advised that she could be called back up for another assessment in about 3 months, but could be longer can anyone who won their appeal and then got assesed again few months later tell me if that happens can we send copy of the appeal and a letter stateing that their no change it health and that it was only a few months that appeal was won. i heard that some people say they been put in the support group for two years but thats when they passed the medical, can anyone tell me if it happens when someone wins their appeal and put in he support group, its cause my mum so much stress, she worried now that she been called up again, or will they write to say she in suppot group for 2/3 years and what date would this be from? not sure how these people manage not to be re assessed for 2/3 years:???: sorry to be abit long

hi to every one and this is my first post so here goes , i was on incapacity benefit in the beginning of 2011 and was signed off , i appealed and was sent for a board in may 2011 which i failed with 0 points , i appealed about this decision and was sent to a tribunal on November 2011 which didn't go for me for , i had to reapply for esa November 2011 and was sent for board in may 2012 but was unsuccessful with 12 points , i won this appeal November (13th) 2012 with added points which mounted up to 30 points in total . The question i have is when do dwp backdate my money from , is it from when my board was or when the appeal was won , hope somebody can clear this up as dwp don't give a sh*t as long as their pay is in their bank every month

Hi all, If the Fos deem they will not take interest in a dispute because it predates the credit consumer act what options do I have? Is it simply that I must appoint a solicitor? It's quite bizarre because the actual loan was pre credit consumer act; but the actual 'dispute' is after that date i.e. there is no issue with anything previous to that. Equally its debatable if the 'loan' exists in it's current form.. .. i.e. as confirmed by a few solicitors it's a rather grey area... Any help appreciated Cheers

I went to the tribunal on the 29/10/12 and I have been awarded 18 points ( I got 0 points at the atos medical). I should feel better for it but as I go on and on reading about people that has had my same experience I can`t say I consider it as a victory: the DWP can appeal against the tribunal decision ( it has already happen) , they can call me again at the medical in one or two months and cut again the esa. Last but not least in all this mess I lost £ 2000: before I was getting about £ 160 weekly and now I am getting about £ 80/90. All people I know about have retained their rate ( they are in the support group) and the only one who lost everything is me. Not a victory at all.

This probably gets asked a lot but I wondered if anyone could tell me how long we are likely too be waiting. I phoned them this morning and was told that they had already received the tribunal decision and that a decision maker needed to look at it and they would send out a form. I dont understand what the point is going through the stress of a tribunal is for if they are going to look at it again ? How long is it likely to take ? With 4 children and christmas just over 6 weeks away I really could do with the money right now.

during a recent move i found all my co-op paperwork dating back to the year dot! there were two loans one from 1995 that was refinanced by another in 1996 didn't have the agreements, but all the statements. did an soc sent it off. along with all the statements & the FOS CQ + covering letter detailing address changes & proof of residense at the various addresses. in MAY 2012 they acked the claim in june then responded with an offer of refund of the 2nd loan- totally ignoring the first - in july phoned their PPI helpline up [see the co-op website] questioned about the first loan they said - you sent us no proof i said i sent all the statements they looked and found them. said sorry - would get back to me got the att'd letter today. donation underway when the funds land. going after a frreflow account now. dx

Hi - I followed some advice on here to ensure that my UK credit card companies that I owe too were aware that I was now in Australia. This is to ensure they don't raise a CCJ against me. I've actually not lived in the UK for 2.5 years however only recently defaulted on my cards due to unforeseen circumstances. I've written to Capital One half a dozen times to advise them of my change of address and I've had either no response or a letter thanking me and asking me to ring them in order to update their records. This was posted to my Australian PO box one week then the following week a letter was sent to my old address ( which I get redirected to my PO box in Oz) stating that I'm in default and a nominated representative will contact me shortly. I also sent a recorded delivery / signed on delivery letter to them advising of my address change although I've not had the signed card back yet. Questions I'm hoping someone can help me with ... Why wouldn't they send this default notice to the newly advised Australian PO box No ? Should I call them ? Or is this an admission / start the clock again ? Could they raise a CCJ at my old address ? (there have been new people in the house for almost 3 years) Any ideas how I stop them sending letters to my old address and start sending to my PO box ? Any help would be much appreciated. SIO

http://www.credittoday.co.uk/article/14456/online-news/debt-collector-to-pay-firms-15000-after-investigation

After just 1 letter to NRAM, they are upholding the complaint and with the 8% interest, they are coughing up £5100. However!! I have been on a reduced payment plan with them for the last few years and this means that there are £4900 arrears on the loan to be paid. They have offered to either, offset the payout against the arrears and pay us the remaining £200 or pay us the whole £5100 but the remaining loan amount of £5200 will need to be paid within 2 months. I have a couple of questions: 1. can I not continue on the reduced payment plan and take the £5100 2. if I offset the amount against the arrears, can I pay the remaining few hundred pounds of the loan on the reduced plan We are so happy with the success, just trying to keep a level head and not take the money and run!!

hi, i suffer with severe depression, anxiety and social phobia. I was claiming sickness benefits with nno issues up until last october when they wanted to move me to esa.i was made to go for a medical assesment with atos, which surprise surprise i failed. Then i appealed and surprise surprise again i failed so it went to a tribunal. I had the hearing on 08/08/12 i won this tribunal and was instantly awarded ESA and it recommended i should not be reassesed for 24 months. However today is 13/09/12, and i have just recieved a letter telling me i have to start all over again with the questionaire and assesment with atos. This is so unfair and surely they cannot do this to me again so soon, as it has only been a month. Dealing with all the messing about over the last year has left me in a very unstable emotional state, and i cannot go through losing all my benefits again and being threatend with homelessness. It seems ESA are wanting another person off from claiming and they they don't care weather or not its by suicide. Somebody please help and tell me what i can do next, i must have some sort of legal rights. This is absolutely ridiculous and the situation has left me very desperate, so please if anyone can help that would be greatly appreciated.

Hi All Just had a letter from Barclaycard/Egg and they have upheld my complaint. This was for PPI that was added to my account when i was self employed (and also not in good health) won't bore you with all the details but i basically sent a generic complaint form from the web. They acknowledged reciept. After not hearing anything again for approx 50 days i sent a letter chasing it up and politely asking if i should go through the FOS. Got a letter of apology within 4 days requesting more time (which i granted) 2 weeks later got an offer letter together with an acceptance form. God only knows why i ever thought about using a no win no fee company for this, if I had it would of cost me £2000+ and it was a sinch even though i had no paperwork and i am pretty fick! The offer is for the refund of all my payments plus 'simple interest' the interest works out at twice the amount of the payment refund. I know that compound interest would calculate to more but finding myself in financial difficulty at the moment i have wimped out. The only down side is that they have suspended a totally differant credit card account which is a bit of a bumma and they have also demanded that they clear the balance of the previous egg card account from the awarded funds (but i would've done that anyway) One last point, i have given them 14 days to pay the funds directly in to my account, they have earnt enough interest off me by now. I informed them that if it isn't done by then i will pursue compound interest for the whole amount from day 1. Sorry if i've waffled, but hopefully the ease of which i have won will spur people on to get back what they are entitled to. All the best, Bad G

I was wondering if someone can help. I obtained a personal loan from the Halifax and and I have calculated that they owe me in the region of £5,000 as a payment protection refund. I obtained my loan from a broker and the broker in question stated that Halifax will give me the loan on the condition that I took out payment protection. I was self employed at the time so on reflection the payment protection was of no use to me anyway. I contacted them in writing and asked for a refund but they informed me that as the loan was arranged by a broker there was nothing they could do as it wasn't obtained from them direct. I disagree with this and I don't know what course of action to take next, can anyone help? thanks

I resigned from my job in December due to illness and am currently on my 3 months notice period but I have actually been signed off by the doctor for the last few weeks and so quite likely will not work the rest of my notice. Once I receive the last of my wages in March I am out of work, unfit to work and don't know if I will receive benefits as technically, even though I haven't been fit for work for the last few weeks, I DID voluntarily resign from my job (well, illness forced me to). Can anyone please confirm if I will be eligible for ESA at least and will I receive it straight away or will I have to wait? Should I wait until I have left my job before I apply for benefits?

Hi everyone, well OK this may get a bit complicated but I will try and keep it brief and as clear as poss. So last week myself and my parter had out ET, I won my case and the employer was slated!!! however the employer managed to squirm out of the partners judgment. One the the reasons I was sacked is because after my partner made a qualifying protected disclosure about my boss I was suspended while a fake investigation was run, this lasted about 6 months while he attempted to find anything he could to get rid of us for, eventually as nothing could be found legitimately he made changes to a policy that meant my partner had been overpaid by the company, unfortunately for him the tribunal saw through this with evidence we presented. Basically her fixed term contract was due to end in April 2010 as stated in her terms and conditions of employment. The employer knew this but the person she had made a protected disclosure about wrote to the council (who paid her wages) and said clearly that the company did not need more funds for her post as they would not be keeping her (this was within days to her fixed term contract ending) he was also caught out my asking a solicitors by email on the day her contract ending "how best do we make xxxxx redundant and remove her right to appeal ect" basically this and lots of other things proved how mistreated she was. Now the employer claims it kept my partner employed without her knowledge or consent and without providing her with any paperwork such as payslips ect, they claim the reason that she heard nothing and was not aware that her contract had been made permanent was because she was still on suspension (however this suspension if real would have now lasted 7 months!!!! Well they now claimed that because she had worked for the company on 4 fixed term contracts that she had become a permanent employee under the 2002 regs. (even though later in the case they did admit that they had only found out about these regs when looking for a way to remove her appeal rights to being made redundant. So during the case the judge asked if we would allow them to challenge our claim and throw it out. The judge focused heavily on this point and kept asking us to stop and think about what this means over and over, but as we were not represented we now think that maybe we missed our chance then "as the judge highlighted in his decision" to ask that in the alternative we claim that the later decision was unfair dismissal because they only kept her employed for 4 months after the end of her fixed term while they made 100% deductions from her wage without her knowledge and as mentioned previously without issuing payslips or communicating with her in anyway so she would know she was an employee (by the way, she also returned all her works equipment to the employer on the day her fixed term end and they gave her back her belongings from the office, but did not say anything to her!!!) So what we are trying to find out now is: how do we get back the wages they withheld for those 4 months as they should not have made this alleged 100% deductions, or could we complete an new ET1 and ask that the tribunal allow it (even though its way out of time) because we only found this out last week, and our claim was based on her being made redundant in april 2010 not july 2010. Or any other sugestions???? thanks

I phoned the local radio station today. The presenter answered and said, "Congratulations on being our first caller, all you have to do is answer the following question correctly, to win our grand prize." "That's fantastic!" I shouted in delight. "Feel confident?" he asked. "It's a maths question." "Well, I've got a degree in maths and teach it at my local school," I proudly replied. "Ok then, to win our grand prize of 2 front row seats to a Justin Bieber concert and to meet him back stage what is 2+2?" "7" I replied.

Hello, Wonder if someone can help me out. Received a pcn beginning of last year, appealed it and won it, the whole appeal went on for about 6 months as council rejected the appeal and had to go through adjudicator. During the whole appeal process i paid for the penalty, just to be on the safe side in case ill lose the appeal. Council refunded the fine shortly after the case was won and that was that. Now few weeks ago received a letter from bailiff saying that i owe money for the same pcn (reference numbers match), didn't contact anyone hoping it was an error somewhere, but last week received another letter saying that without any further notice the goods will be removed upon his next visit. I know that most probably next time bailiff arrives and if i would show the letter they would go away, but i am extremely angry with Newham council from before and this is more like personal issue to me! And i would like to teach them lesson! Please advise on how to escalate the best plan of actions. Or should i just contact Newham and get them to call their dogs off? Thanks for your help Cheers

After a medical in December the DWP deemed me fit to work in a wheelchair and said they were stopping my ESA payments, so I said I would appeal. My GP said sitting in a wheelchair was the last thing he would recommend, I should keep as mobile as possible. The paperwork they supplied was full of statements they had completely made up and were untrue. It made my blood boil, so I put a lot of work into my appeal. Due to so many funding cuts etc. I was only able to go to Citizens Advice who told me what to do. But I couldn't get anyone (union etc) to represent me, so had to do it myself. The tribunal was this week and I was so nervous, but I had submitted all my papers within the 7 days previously, with medical evidence, MRI scans, appointment letters etc. The staff were very friendly and helpful and when I got into the tribunal it was OK, although a bit daunting being grilled with lots of questions (I think they tried to catch you out - like, when the post is delivered, how do you pick it up from the doormat? I don't, I said, it sticks out of the letterbox!). Anyway they allowed you to say whatever you wanted and after having zero points from the medical, I was awarded 18 points by the tribunal. So I just wanted people to know that it's worth the fight - it can be done - get as much medical evidence as you can and good luck!

I received a letter today from black horse basically it says. The ppi policy you complained about was associated with a loan which was part of a chain of loans.these loans were settled early with new loans. I have fully considered whether you were eligible for the policies whether the policies were suitable for you and whether we provided appropriate information to you in relation to your ppi policies. I am satisfied that there were no issues with the sale of ppi,however due to the way that we calculated the rebate due on settlement or cancellation of a single premium ppi policy, you incurred costs when you settled or cancelled these policies compared to what you would have paid if they had not been single premium policies. Due to these additional costs your borrowing for the subsequent loans would also have been higher than you needed it to be which in turn increased the size of the monthly repayments and also attracted interest. As a final response we are able to offer you a payment of £308.51,this represents a refund of the extra amount paid by you at the time that the policies were settled or cancelled and also the additional amounts that you have paid due to the increased borrowing on your subsequent loans. Above is the main points from the letter. I read it as You did have ppi, but it was sold correctly so your not getting anything. The rebate you received was wrong and this cost you money on subsequent loans so we will give you £308.51. So the advice i need is what should i do? accept the £308.51 or not? Any advice welcome

Hi, I have been claiming JSA for 9 months. I really want to do a course called IRATA which is rope access. I even have a guy who will give me a job if I get the certificate but it costs £800. My JobCentre adviser said he would apply for funds for me. He didn't tell me who he was applying to. Then when they said no, he tried another fund. He will never tell me what these funds are and so I can't even appeal or write a letter to help my case! When he submitted my last try, he didn't even send all my paperwork together and admitted he'd forgotten to send the letter that promised me a job after the course. Weeks later he showed me an email saying "application unsuccessful" and no other details. When I asked for more he said he had deleted the email. I have a friend who got a course and transport paid but I am being told they will pay nothing for me. I just want a chance to do the course and get a career and my life back. Shouldnt they be rewarding my wanting to get off benefits rather than paying me the JSA! This has gone on for months I could be employed by now. They even said why don;t I just get a loan...as if I have no money for repayments and noone lends to the unemployed Does anyone know of any funds/grants or JobCentre thing I should be asking my adviser for, or if I can appeal against this sort of thing? Or even some clue as to whether the JobCentre has any discretionary funds I could beg for? Thanks for any help!

Ladies & Gents, I received an offer from Lloyds/TSB last week, although it says 'offer' it does look to be approximately what I expected. I posted Lloyds for my SAR back in April as I've been banking with them for around 15 years during which I've taken out 5 loans. The first 4 were with PPI which were recommended and sold to me despite the fact I'm an insulin dependent Diabetic of some 34 years. I received my SAR and sent of my claim in May. Last week a letter arrived from Lloyds saying "as our final response we are offering you a payment of £8,865. This represents a refund of all the PPI premiums paid (inclusive of interest), plus simple interest at 8% which is then adjusted by other factors that are relevant to your circumstances. For example , if you have already received a partial refund of your PPI premiums, then these will be deducted from the overall payment." A full breakdown of the calculations was provided - THE MONEY WAS IN MY ACCOUNT THE DAY I RECEIVED MY LETTER. To be honest I'm chuffed though surprised as I still have a loan with Lloyds (they tried selling me PPI with that but they REFUSED ME EVEN THOUGH I DECLINED THE OFFER IN THE FIRST PLACE). I made sure this was pointed out to them in my claim letter. I also have a claim with Lloyds/TSB for my Credit Card, this is being dealt with seperately and as yet I haven't received an offer. This is around £350 before interest. I've also had good news from both Halifax and MBNA Virgin both for Credit Cards, so at last things are looking up. If readers will allow me to hand out a bit of advice to those new to claiming I would recommend - * sending for an SAR first, I have had 3 refusals and 1 (low) offer so far but as I had nothing to refer to I'm now having to wait for my details before I go to the Ombudsman or Court. It also helps you to sort your arguments out beforehand, banks are less likely to turn down a well reasoned argument using details received with your SAR. Sadly I've learnt this a little too late. * Secondly, don't be put off by claims which go back over the 6 year 'limit'. Both my Debenhams & Burtons claims although declined (for now) they did not say anything about the length of time since my accounts were closed (both 8 years). In fact my Debenhams refusal came with a copy of my application form from 1997. Strange how they can find the information when it suits them. * Third, research your claim. As stated above including your SAR info use this CAG Forum and any other internet searches to back your argument up before making your claim. * Finally, DON'T GIVE UP!!! The worst part is the waiting but if you do get a refusal or an offer lower than you were expecting, read their reasons for the refusal/offer, research some more and go back. They are hoping we give in and plenty have done which simply encourages them to continue doing so. Lecture over, good luck everyone Tenmen10 Halifax Credit Card - WON - £295.00 Lloyds/TSB Loan/s - WON - £8,865 MBNA Virgin Credit Card - WON - £487.00 RBS/Style Store Card - OFFER MADE - Awaiting SAR as offer seems too low! Barclaycard Visa & Mastercard - 2 LETTERS SENT, NO REPLIES RECEIVED. Researching claim, due to contact FOS. Egg Credit Card - CLAIM REFUSED - Non-advised sale, PPI not required for sale, full T&C's provided! - Awaiting SAR Santander Burtons Store Card - CLAIM REFUSED - Telesale, advisor explained main features, PPI chosen - AWAITING SAR Santander Debenhams Store Card - CLAIM REFUSED - Tick for PPI on Agreement, I didn't, 30-day review, non-advised sale - AWAITING SAR HFC - Loan for TV Purchase - Awaiting claim reply CitiFinancial - Loan - Awaiting claim reply

I thought I had cancelled a contract. I noticed I have two direct debits running side by side. I contacted them on 30.04.2012 and they confirmed there wasn't two - I had to email copies of my bank statements and I had one account in my name through my business and one contract on a personal account. They keep referring to my personal account which I didn't want cancelled. They just continue to not help. After a month I get a reply 'we understand your concern about the direct debits please send us bank statements' I'VE DONE THIS THREE TIMES.... Then they want the account holder not the authorised account holder - but they won't tell me who is the account holder. It may be my brother so I put his details through and I don't get a reply. I just need someone with a tiny bit of sense... but can't find anyone. I certainly will be cancelling my personal account at the end of the contract and my brothers.