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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fibromyalgia And Esa


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:)Hi All,

I Just Wanted To Let You All Know It's Not All Doom And Gloom When It Comes To Esa And Fibromyalgia, I Had My Medical On The 28th Of April And Up Until That Time I'd Got Myself In A Right State Which In Turn Had A Knock On Effect With All My Medical Problems, From The Minute I Got In There With The Doctor I Was Put At Ease And Any Questions I Couldn't Answer Were Directed At My Husband Who Is My Carer. I Was Very Lucky In The Respect That I Had A Doctor Who Was Very Well Educated On Fibromyalgia And All My Other Medical Issues ( He Was Telling Me Stuff That Even My Own Consultant Hadn't Told Me) And When It Came To The Phsyical Examination He Said There Was No Point As He Did Not Want To Cause Me More Suffering For The Rest Of The Day Or However Long It Took Me To Recover, After About 45minutes He Said It Was Time For Us To Leave Cos I Didn't Look Too Good, (He Also Commented On The Fact That My Husband Wasn't Looking So Hot Himself)

So That Was That, But Then I Spent The Best Part Of 5 Weeks Worrying And Over-Analysing Everything He Said To Me And Vice-Versa, Lost Many Nights Sleep Over Awaiting The Outcome. Then On Thursday Just Gone Got A Letter To Say I Had "Passed The Medical" And Was Put Into The Support Group. Yippeeee.

I Just Wanted To Let Other People Know That I Had A Positive-ish Experience With The Whole Thing And It's Not All Bad Outcomes For Everyone. The Only Thing I've Been Wondering Is What Happens Now? :)

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Glad it went well for you.

 

What happens now? Your rate of benefit will increase, and this increase will be effective from day 92 of your claim. If there's any backdated money due it will be paid to you.

 

After a period of time that varies depending on the recommendations of the doctor who did your medical and the Decision Maker who placed you in the support group, you'll be referred for another medical. The timeframe can be anything from a few months to a few years.

 

You won't need to continue to submit medical certificates from your GP while you are in the support group.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Nice to see a positive outcome, thank you very much for posting - it gives hope to others. I bet you are relieved!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hey, well done! That's doubled the number of people who've passed their assessment! Is this a small trend starting...? :)

Best wishes

Rae

 

Let's hope so.

 

I meant to ask you Rae, how's your new claim going? Any word of the dreaded assessment? Hopefully this time around you will have the same luck as the OP without having to put up a fight for it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks All Am Very Relieved, Especially After Reading About All The Problems Other People Are Having Trying To Get What They Are Entitled To. I Had To Go Through The Appeals Process For My Dla And That Was A Nightmare, Don't Think I Could Of Gone Through It Again, Maybe I Was One Of The "Lucky Ones" I Really Don't Know. Things Seem To Be Going Ok At The Moment But Am Just Waiting For Summat Or Someone To Come Along And Pop The Bubble!!!! :)

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  • 1 month later...

Just wanted to say Well done on getting ESA, I have been declined mine with no points at all. I have been told to appeal, but am not sure I have the energy, I just want to be put in the support group so I get help on trying to work again to get an income and a social life.

I'm not sure which option to take?

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  • 3 months later...

I was worried about this ESA thing. I am on income support at the moment as I was diagnosed with fibromyalgia 5 years ago (Had it for over 15 years). I also have chronic insomnia & athsma. I have had some drug treatments & counselling but none have worked. I worry that many of the medical assessors do not even know what FM is & the implications it has on your life. I am sinlge (I have a partner bt we do not live together) but I do get help with things like shopping.

I hope when the time comes for my M.A assessment under the new scheme, the assessor is as knowledgeable about FM as yours. It is a big worry :!:

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  • 5 months later...

Im currently in dispute with Atos Medical Services And the Dwp , I was seen where the Scheme for ESA was rolled out at Burnley

I have seen 2 doctors previously both sympathetic to the conditions i have and was kept on with no issues.

 

my health which recently took a further downturn with more nerves acting up and i was sent for another medical at burnley this time i saw a nurse, the nurse did the examination incorrectly made up several allegations one of which was i sat in a chair for 60 mins

i was only in there 30 mins. Then stated synthetic morphine was a "mild Painkiller" during the examination i had a cramp attack and the muscles were having spasms i indicated this she ignored it.

 

the report was full of other fabrications eg i could stand for 30 mins this again was a lie after 5 mins the legs go numb and lumbar pain starts.

 

i placed a complaint and proceeded to investigate things myself and reported the nurse to the nursing and midwifery council whilst on thier site i checked her credentials she was listed as non practicing, basically meaning she was not working in a nursing role or working where a nursing qualification was a requirement i sent the following letter to Atos to which they have not replied as of yet.

 

 

 

i found the following Form the NMC’s code of practice regarding registration the following applies:

 

 

 

“Associate non-practising membership is available to those nurses who wish to take out membership of the RCN, but who are not working, or who are not working in a role where a recognised nursing qualification is a requirement to enable them to undertake that role. Members of this category can access most membership benefits and services, with the exception of workplace representation and our indemnity scheme.”

 

 

 

So with regard to this as Mrs **** is registered as Non Practising – So i believe it is either

 

1) Atos Medical Services do not require medical professionals to undertake these medical examinations – which is a act of negligence as they are using persons who may not necessarily be suitably qualified to undertake medical examinations and making statements of a medical nature. So basically anyone could undertake these examinations with no official medical qualifications.

 

this is a unlawful act.

 

Or

 

Mrs**** committed a act of negligence by not informing her employer she was not registered to carry out duties where a recognised nursing qualification was required. So therefore breached the nursing code of practice by undertaking medical examinations on individuals . this would be conceived as a act of gross misconduct , breach of tort law

and a breach of the human rights act.

 

Can you confirm if you employ people without a recognized qualification to undertake these examinations – as Mrs **** registered as not working in a medical capacity - or has Mrs **** Comitted a Act of gross misconduct i have a right to know as she undertook my "medical examination"

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hi. sorry to hear of your trouble. sorry to interrupt but I'm having tests left right and centre for muscle disorders. I'm just anxious to follow the the topic as I too am trying to plan for the future. I'm getting to the stage where now I'm not safe to work on sites as I've just cracked three ribs by falling off a platform whilst at work. I'm self employed but was working for someone at the time. I never got paid for the half day I did that day either but I'd like to add that people tend to forget or ignore what we suffer from.

anyway mini rant over good luck :)

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