Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.View the full article
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 160 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

ESA medical UPDATE post #30


phil76
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4605 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

Hello everyone im new here,

 

I suffer with anxiety and depression and have a medical on friday with atos,and am worried about failing the medical,i really suffer with my problems and unable to work at the moment so getting my esa stopped really worries me,since getting the letter about the medical i felt worse and has even made me cry with worry,

 

Had a look on internet and seems alot of people fail these medicals,what are the medicals like?any help appreciated

 

Thanks

Link to post
Share on other sites

Hello Phil, welcome to the forum.

 

Leemack has a great sticky about these assessments. We don't call them medicals here :). To find the stickies, use the back arrow to come out of your thread, then scroll up to the yellow part above the thread titles.

 

If you have more questions, please come back to us.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Thankyou so much leemack for all your help,hopefully i wont have to go through appeal process but at least i can still claim some money during appeal if i have to,

 

Thanks again

 

Phil

Link to post
Share on other sites

Thankyou so much HoneyBee:-) i will let you all know when i get the decision which will probably be in a few weeks although i think i probably already know what it will be:sad::sad: but fingers crossed

 

Phil

Link to post
Share on other sites

Thankyou leemack:-)

 

the lady who saw me at assessment seemed nice anyway so its just waiting now to see if ive passed or not,will let you guys know how i get on as soon as i get the results

 

Thanks again leemack and Honeybee for your help:-)

Link to post
Share on other sites

Thank you Honeybee:-) yeah will definately let you know what happens

 

Was just wandering the people who actually see you at the asssessment,do they know straight away after your assesssment if youve passed or not?

 

Thanks

Link to post
Share on other sites

I think they would have a pretty good idea whether you have passed or not but the DWP have to decide based on the assessment.

 

My assessor was pleasant but only gave me 2 points I found out 2 weeks later. A smiling assassin if you will.

 

Her report on what I said at the assessment was fairly honest though and I won my appeal.

 

Good luck to you and remember a negative decision is not the end of it, you can still win.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

Link to post
Share on other sites

My incapacity benefit was stopped in March 2010 and in June I was told my tribunal would be in August but it ended up in November due to the backlog.

 

So 8 months. But a week before the tribunal the DWP changed their decision and reinstated my benefit with back-pay.

 

Great but I will be back on the nonmagical roundabout as soon as they shunt me onto ESA.

 

I say roundabout because that's what it is for a lot of people, even when you win you can be re-assessed and lose only to win on appeal and so on.

 

I don't think the average taxpayer would be so pleased about "welfare reform" if he/she knew all this. :|

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

Link to post
Share on other sites

You have been awarded ESA and you will not be expected to work.

 

Congrats to you.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

Link to post
Share on other sites

Thankyou dj,and i would like to thank everyone else,really appreciate all the help you gave me:-)

 

Am i right in saying i still need to give sick notes from my doctor for my payments?

 

Thanks again everyone

 

Phil

Link to post
Share on other sites

Hello everyone

 

I received a letter this morning, its about my medical assessment,it says i have been placed in support group and my money will rise,does this mean i have passed my assessment?and what does support group mean?

 

Thanks

 

Phil

 

That was a quick reply after your medicle less than a week...:madgrin:

Yes PHIL you have passed!!!!! no more sick notes.

Link to post
Share on other sites

Yes, once a decision is made following a medical, certs are no longer required as it has been determined that you are not fit for work.

 

I bet that's a huge weight off your mind!

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)

 

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...