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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • 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.
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      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
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how to fill in esa50 for mental health discriptors


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Has anyone idea how to fill out esa 50 for mental health problems. I left my last job had a breakdown at my desk due to stress and incredible pressure. Cannot cope with stress and pressure it makes my illness worse. I had a hospital admission in January 11 do I mention it even though it was not in the last 3 months. My local assessment centre is in croydon. I could not cope to travel there via car or public transport and i suffer terrible anxiety in waiting rooms anyway, when I see my Gp I have anxiety sitting in the waiting room to see her and I have had the same gp since i was 13. I do not cope with change and I litteraly go to bits. Have a history of sucidial attempts/thoughts and self harm, would all this be reveleant. Any advice would be appreicated. When I had my desk job I could not sit for more than 40 minutes as I got very restless and my thoughts would intrude causing my concentration to flee and I could not complete work assisgnments, is this relevant too? I cannot watch tv for long it doesn't hold my interest, and cannot concentrate. I am not sure what to put as my condition fluctuates over a day I have rapid cycling and it makes life incredibly difficult to do the most simple things.:!:

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Can you find a number for your local Welfare Right office (we can contact ours via our local council). I am sure if you explain things to them, they may get somebody to come to your home to help you fill the forms in.

I am not sure what to say regarding your travel to your local assessment centre, but I am sure somebody on here will have some advice for you. Again, your Welfare Rights dept may be able to help you with this.

 

Good Luck

 

HB x

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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my condition fluctuates on a hour to hour and unfortunately minute to minute. It has a major impact on my life, and like i said in my earlier thread, I ended up in hospital earlier this year as I was dreadfully depressed. I almost ended up in again in may but had the assistance of the home treatment team. Do I mention this on the form. It was not in the last 3 months but they should not disregard hospital admissions at all as it has a major impact on any condition and everyday life.

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Is there a page for any other information? (we are waiting for the dreaded ESA form to land on our doormat).

I think I would put it in there if there is no place for it on the form. Have you been receiving DLA up to this point?

 

Bit of a personal question and you don't need to answer - just and idea. Do you have a social worker? If you do, he/she may be worth their weight in gold when it comes to advising you on this form. x

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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