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    • yet another Brexitish failure   England set to miss post-Brexit targets to clean up rivers by 2027 INEWS.CO.UK Nearly 80 per cent of England's rivers, lakes and coastal waters may fail to reach a 'good' standard by 2027, a post-Brexit watchdog warns  
    • No. The defence is different. Their defence paragraph 2.7, 2.8, 2.9, 2.10 – for the first time makes reference to an alleged term between the Packlink/EVRi contract which apparently specifically excludes the effect of the Contracts (Rights of Third Parties) Act 1999. If this is true then it is very likely that they will have closed that loophole because the 1999 act specifically allows itself to be excluded by an express term within the principal contract I think that you will have to do ask the court to require them to provide evidence by way of presenting their contract and also the date that this new amendment was inserted. I understand that your claim refers to an item which was lost a year or so ago. These give us the date. We would certainly want to know that this amendment predates the date when you first contracted with Packlink to send the item. I would want to say to the court that in the absence of their willingness to confirm with evidence the date that this contractual amendment was made, that the court should assume that this was a recent amendment and was therefore not in force at the time you made your contract. We have third-party defences on this sub- forum which are fairly recent and there has been no mention of this exclusion of the 1999 act. I think we can take it that this is something that they have put together very recently. Secondly, even if they want to exclude your third party rights, it does not absolve them from the negligent handling of your item and in respect of an action for negligence you have first party rights. You don't have to rely on third party rights – although of course, you didn't allege negligence in your original claim. We didn't advise you to do so. Maybe shortsightedly we didn't foresee this contractual amendment. Of course assuming that this contractual amendment is true – although I expect it has only been added recently – what they are saying here is that nobody in the United Kingdom who makes any contract with any parcel delivery company using Packlink will have the right to bring a claim for lost or damaged or even stolen parcels. These people have lost their moral compass. It is shabby treatment of ordinary customers who pay their money and who repose their trust in these parcel delivery companies. No wonder that the Paralegal Children are now ashamed to sign off these documents with their own names. In terms of parcel tracking information – apparently it has been destroyed according to their own data protection policy. That's their business. It's got nothing to do with you and they can't use this to frustrate the six year limitation for bring a breach of contract action or the three-year limitation period for bringing an action in negligence or other tort. There reference once again to the exclusion of the 1999 Act but this time apparently in the contract between you and Packlink – is irrelevant because the exclusion has to be in the commercial contract between Packlink and EVRi – which they have referred to in their paragraph 2.7 et cetera of their defence. I'm assuming that you propose to go ahead with this case. Please let us know when you respond and we will go forward. In the meantime, I suggest that you write a letter to EVRi. Referred to their paragraph 2.7 et cetera and asked them for a copy of the contract and confirmation of the date on which the exclusion of third party rights term was included in it. Tell EVRi that if they do not answer or if they refuse that this will be brought to the attention of the judge. Tell them also that you notice that they say that they have destroyed data in line with their data protection policy. Inform them that they do not appear to have disclosed this data protection policy to their customers. Please will they forward you a copy of it and once again if they failed to respond or if they refuse that you will bring this to the attention of the judge as well. I suggest that you post a draft of the letter here so we can have a look    
    • Good morning dx100UK Could I send the update to you privately? Regards
    • On the other thread you posted on, you asked about immigration issues. We aren't qualified to give that advice, sadly, you would need to find an authorised adviser. 'It is a criminal offence for a person to provide immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) or is otherwise covered by the Immigration and Asylum Act 1999. Members of certain professional bodies may give immigration advice without registering with OISC.' How to become a regulated immigration adviser - GOV.UK WWW.GOV.UK  
    • Hi. Can you show us the letter from the police please? Cover up your name and address. Our upload guide will help you. HB
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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.

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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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Incapacity Benefit appeal pending but no payments while waiting?


jigsawpieces
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Thanks for looking at this as so frustrating. Basically on incapacity benefit but after another medical been told that i dont have enought points. I have appealed and have been awaiting for a tribunal date. This has been going on for over six months. What happened that shocked me was that they did not reduce the level of payment they just stopped paying all together. As i assumed the tribunal would not take long although worried i was able to live of the back payment which was a large sum after winning a previous tribunal. (I have won two tribunals) However now that money is gone and i have relied on friends and family to help me with food and bills. I have not wanted to sign on at the jobcentre but now looks i will be forced too although not sure how this will affect my appeal. All the stress has exsparated my condition and have spent nearly every day and sleepless nights worrying about. Is it legal for them to cut all payment to me while waiting for an appeal? Is there anyway i can fight for them to pay me the reduced rate until appeal decision? This is my last chance as in my area it is impossible to get any advice from CAB as they are closed you have to wait months for an appointment.If anyone has been in the same position and have any helpful advice it would be most appreciated. It looks like i will have to attend my tribunal alone with no professional help which is intimidating enough. In the intervening months twice they have said we will look at your case again and then said you will still have to appeal as we agree with the decision. Thanks for reading.

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Hi Jigsawpieces

 

Sorry to hear of your struggle

are you a single person

 

If so you can claim Income Support while your appeal is being heard,

JSA but of course as you are appealing you are not really fit for work,

or ESA

you do not have to go with out benefit.

 

If you have a partner does she work ?

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Thanks for replying. I am single and live alone. I wonder if i can backdate the payment til the time they stopped paying me as i have been using the money i had saved knowing that i would be put through this stress over again. Certainly learn how to be frugal with everything although i'm months behind on some of my bills. I suppose i have been put off with all that bureacracy of going to the social who ask questions i cannot answer as they wont really be resolved until the appeal has gone ahead. Ive had six letters off the housing since december. They are still paying but keep asking me what is happening as if i am in charge of the slow response from the social security department. They have squeezed the last drop of patience out of me. I darent go down there in person to speak to anyone as i think i will really lose my rag. ( I know not a good idea) I have sent them infomation and got reciepts and then two weeks later they ask for the information again.

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

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Thanks no i dont have any of the three listed. No savings the only money i had was the back pay from winning last appeal. I will try income support as i have no choice. I am still recieving Housing Benefit as it seems they cant cut me completely. Will that affect the forms i need to fill in? Thanks for being helpful i wont be able to get the other ESA as my doctor and i dont see eye to eye at all and ive been looking for a new surgery as he told me if i dont like it i can go elsewhere.

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Jigsawpiecies

now you have decided :)

dont forget when you ring the helpline ask for backdating,

what date did you fail your PCA?

well you need to ask for backdating to the day after,

if you dont ask your claim will go from the day you phone up, and you will have to put the request in writing at a later date,

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

 

You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

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You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

 

 

You are very much right Nick. Backdating of JSA is possible for 3 months but only in exceptional circumstances. Jigsaw you can either go for appeal rate IS or make a new claim for ESA (depends if you have sick note).

:-|Impossible is I'M Possible:lol:

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Well problem with GP then jigsaw can try seeing other GP in the surgery or speak to PALS.

:-|Impossible is I'M Possible:lol:

If you think the advice given is useful then show your appreciation by clicking on the scales.

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Thanks everybody. Went down there today after recieving another letter from Housing Office. Sorted them out and was able to pick up an income support form which is the route i will take and try to get money backdated. I know that it will take them weeks to sort out but its better than being in limbo struggling to put money in the electric meter.

 

I will be looking for new doctor/practice but will do one thing at a time. It does actually take a long time to find.

 

Thanks for the help i will let you know how it progresses. I used my friends computer and have bookmarked this website on her computer as she is having lots of hassle too after recovering from hospital surgery. Im sure that she will get good advice on here.

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