Jump to content


  • Tweets

  • Posts

    • I see the poops are still trying to deflect from their own criminality and and abuses by whinging on about raynors buying her council house - now about election registration - anyone who owns a flat or house understands that you dont give up your and your childrens home just because of a new relationship and while we are on about that ..   lets start with When is jenrick being revisited for both lockdown abuses and self admitted (claims estate is his main home - not the property in his electorate or his london property) - and electoral registration abuses as he claimed he was at his estate 'main home' away from both London and his electoral 'home'  - much of which paid for by the taxpayer   Cabinet Minister Robert Jenrick 'breaks lockdown rules twice' by going to 'second home' - Mirror Online WWW.MIRROR.CO.UK Key Cabinet Minister Robert Jenrick drove 150 miles to his 'second home' after urging the nation to remain in their homes in a bid to...   ... perhaps follow with more self admitted lobbying while in a potion where they shouldn't “A few of us in parliament have lobbied the government – and with the help of the Treasury select committee, the chancellor has listened,” John Baron wrote.   Tory MP faces lobbying questions over Treasury committee role | Investing | The Guardian WWW.THEGUARDIAN.COM Co-owner of investment management firm called for ‘urgent’ post-Brexit changes to City rules at committee meetings     About time labour got in the game and started pressing for these self admitted/bragged Tory abuses were properly investigates.
    • No I didn't I got the dates mixed up.   
    • Sorry about that, TJ. The person who posted it specifically said it was free access. Here's another version of the FT article. https://archive.is/KYrPa
    • Isnt there some indication in there of at least intent to inform arbuthnot? IF he wasn't then it would seem to be Vennells decision to keep him 'uninformed .. Although seems to me if arbuthnot was unaware - he was either incompetent or should have very detailed records of denials. Seems vennells is constantly at the core of all the lying about all these issues though.
    • Paywalled/subscribe HB I'm unaware of the details on this HB but why is it a potential taxpayer burden? Hasn't a judge already ruled port has rights of access - so shouldn't costs be on the private company (South Tees Development Corporation) trying to change established access?     LIVE: High Court updates as CEO gives evidence in access rights row between STDC and PD Ports - Teesside Live WWW.GAZETTELIVE.CO.UK The face-off between the Teesport operator and Mayor Ben Houchen's South Tees Development Corporation continues in the High Court  
  • 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

atos appeal with the tribunal


andyb4
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4707 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

hi i was claiming incapacity benefit from january 2007 ,it was stopped after a atos assesment in june 2009 ,i was not in the best frame of mind and didn't appeal in the required time allocated ! when i did try and appeal iwas ignored ,i had letters sent back answering the most menial part of my letter etc etc ! I have now launched an appeal with the tribunal , but have been told by friends not to attend without a legal/medical representative .

can anyone advise me as to what i should do .it has taken two years of stress to get this far (with no money ) i have drafted a letter to the C A B asking for assistance .can anyone recommend an advisor that can attend this tribunal with me and present my case ?

Link to post
Share on other sites

hi nystagmite thank you for your reply.

no i haven't really tried anyone bfore ! i didn't realise how underhand the system can get ,for an idiot like me . thank you for your advise i will look it up !

Link to post
Share on other sites

Hello there. I'm sorry to hear you're going through this, lots of us here have.

 

Good advice from Nystagmite. In some areas, Welfare Rights are working with CAB nowadays. I hope you find some help.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hello again Andy. I have a sticky about tribunals in the yellow part of the titles page of this forum. I know that HadEnough used the template letter to draft out a case for Welfare Rights, I think it was, and that it helped him win.

 

Once you have a copy of your Atos assessment, you might want to use the template to help whoever advises you.

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Whether or not you have an adviser, you should attend. Many advice services, although they can help prepare the appeal, may have no funding for going to tribunal with you, and in fact in most cases there is nothing much that the adviser can do when there anyway. The most important things are good preparation, a good written submission (including ripping apart the atos report), written evidence from professionals about your condition, and attending the tribunal yourself so that you can answer any questions the tribunal has.

Link to post
Share on other sites

thanks all, i wish i had joined this forum years ago !

since i have contacted the appeal tribunal ,and stated my case ,including mentioning that the one doctors finding were totally farcicle ,and the other two times ,atos never had a qualified doctor (their words not mine) i have been sent another questionairre which i have filled in ! i dont know if this is due to the tribunal people stepping ing or are they just getting their house in order for the hearing .i have been deceived so many times by these people i dont know what ! or who to beleive !

i realise that all these helpful agencies are short of funding so it will be hard ! does any body know if i am allowed to record the hearing (if there is one ) these atos people are not to be trusted in any way !

Link to post
Share on other sites

thanks HB

just found the template letter you recommended ! brilliant i never knew the approach should be legal as well a medical ! great add on by bookworm as well .i just think i might be too far down the road for that ! my particular problem is that the dwp/atos have stalled me until i am out of the 13 months appeal date ! the problem was i wrote a few times not knowing they were going to be as underhand as they are ! i never recorded my letters or kept records ! ireally have been stupid think a good guy out there would pick up my letters and direct themin the correct way ! i dont really have a credible file except a few letters of exchange between us ! but in all i meantion the words my appeal so i am hoping any proper person will realise i have been steared away from what i am entitled to ! but who knows?

Link to post
Share on other sites

Andy, I think you should take advice from CAB and/or Welfare Rights or the Community Legal team. I'm not expert in the system and you may need to apply again for ESA [don't take my word for it] but if you end up at the appeal stage, then this time you'll know what to do.

 

The template is based on what my OH drew up for my own appeal, using the DWP rulebook and it worked for me and since I shared it, for some other caggers too. I think you will get there, but you need people to guide you down the right route.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

It is not illegal to record Atos or the DWP. It is illegal (very unfortunately) to record an administrative tribunal such as hears benefits appeals. (Why on flaming earth shouldn’t we,?….but the law’s the law, and it would be a criminal offence.)

So the answer is to insist on taking laborious manuscript notes and typing them up immediately afterwards (keeping the original handwritten notes as well.)

That having been said, a cynical colleague of mine once observed that it is funny how those with the best mobile phones\MP3 recorders etc also seem to have the best memories for detail when typing up full notes. I don’t know what she can have meant.

Frankly with recent judicial announcement that some judges will now be using laptops in court, the law is making an ass of itself about this - but there it is.

Link to post
Share on other sites

  • 1 month later...

hi all again ! thank you for your advice which i was in the throws of taking when out of the blue expecting and apperance date fron the first tier tribunal i have recieved a letter saying my appeal has ben struck off it says no further action can be taken on my appeal for i b ! does anybody know if i can appeal against the decision ! there are factual errors in their reasons for the decision !

Link to post
Share on other sites

You can apply to the tribunal service to have the appeal reinstated within one month of it being struck out, giving them the reasons why you feel they were wrong to strike out your appeal.

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...