Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • 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

my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick


genuine-guy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4409 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 there guys,Im new to the forums and i need some advice if anybody can help here goes and please excuse my puncuation it went out the window a long time ago. i was diagnosed with depression 2 years ago jan 2010 by my dr i lost my dad 4 months previously to that and i went through hell he died of cancer.i was in a bad way and my dr put me on antidepressants over the following year i stayed on jsa and never asked for help i was told i should apply for esa in april 2011. I was sent for an accessment medical in october 2011 wich i attended the dr gave me 0 points the medical seemed so clinical i hadnt had counselling at the time so i appealed but still hadnt had any help just medication the appeal was upheld and denied I took a representative with me to the appeal and he told me i needed to get a social worker, be accessed by the mental health team which ive never been anyway i did a rapid reclaim for esa on feb 25th 2012 over the phone btw i live in northern ireland now this time and since last october when i went o the first medical for esa my depression and anxiety has got worse so has my panic attacks they all stem from my mums death 6 and my dads with in a few years of each other i looked after both of them and the rest of my sibblings left me into it long story but ive been the victim of domestic abuse, and sexual abuse when i was younger im ashamed of even putting that down here.and was in a violent relationship for 3 years my partner and myself split up nearly 3 years ago im gay and he beat me black and blue i was left in some terrible states but i suffered in silence the same way my mum was when she was alive with my father my intict is to put other people first and myself last i was also raped twice by a family member and once by my ex partner its too long too go into now just in the past 3 weeks ive been referred to the mental health team for proper accessment and ive been to cruise the bereavement charity i feel like my life is not worth living and get into panic and anxiety cycles which are hard to reak i put barriers up with friends and make excuses not too see them and cancel or not attend at least three quarter of my appointments with drs ect i cant manage to get out of bed most days and havent cleaned my house properly in a year or more i wash dishes usually after they are all used and dont wash my hair for up to a week at a time im i miss my mum so much that i dont make an effort anymore i used to have a good life had decent friends and i would never of gone out of the house without straitening my hair and styling it and if it took an hour then it had to be done i dont care anymore about wether i bath or get out of bed in the morning and when i go out i use the corner shop or tesco down the street my dr is a few streets away and my post office and bank are at the bottom of my street i dont like meeting people as i want to avoid them as i have a lot of shame in not looking after myself ive put on 4 stone in weight i used to be 12 and half stone and am now 17 stone 2lbs i have lost touch with my family and old friends and my memory is so bad in recent months that i used to have a photographic memory i just dont know whats happened me im 30 and i want my life back i want to get better i dont want to be on benifits forever i want to do something with my life but i just dont see a light at the end of my long tunnel and its getting longer by the day i got a letter from my dr today it was left for me and it says sir or madame my patients depression/anxiety is getting worse then he signed it.will the letter i got from the dr help with my rapid reclaim?im worried sick and cant sleep at night the dhhs wont give me a crisi loan i got a payment from esa on 22nd of feb i have run out of money for food and electric is there any way i can get other crisis loans from the dhhs ive also been told to get a social worker which i have to say i do need i need support to get this horrible depression lifted i also have a bad back which im seeing a physiotherapist for would all my appointment letters help and the letter from the dr anf mental health team help if i sent them to esa would it stregnthen my claim i dont want to claim esa forever just until i get stronger and get the will to live again i dont understand people like street drinkers getting dla and mobility to help them with their drink problem this countrys system is the wrong way around and i havent asked for help before only now?what do you think my chancesare of getting esa without going to a medical and does anybody think i might have a chance of applying for dla for personal care while i get stronger so i can eventually get back to work i had a good life once and i want that back im a decent guy as my names says and its taken me some guts to write this im sorry its been so long and i appologize for my puntuality your answers and suggestions would be so very appreciated you dont know how grateful i am thank yougenuine-guy

Link to post
Share on other sites

Hello there and welcome to CAG.

 

If you don't do punctuation, would you be able to put in some paragraphs and white spaces please? The easier you can make it to read, the more help you will get. Hit the Edit Post button on the bottom right hand side of your post.

 

I'm really sorry, I can't read solid blocks of text like that, it does my eyes in.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I just read your post (I took the time to read it hehe)

lets see if we can help (should be able to as I've been through this minefield myself)

 

step 1 get assessed by a psychiatrist (not a mental health nurse) I see you've been referred to your local community mental health team, sometimes (depending on the health authority) you only get assessed by a cpn (mental health nurse) demand to see a psychiatrist & don't get fobbed off, take someone with you if you find it difficult at the moment to deal with things, you should have a local mental health charity that provides an advocacy service (usually mind).

2 at your assessment ask for a cpn to be assigned to you...this makes everything a LOT easier when dealing with authorities etc.

3 ask for a care assessment, it sounds like you have this going through at the moment as you have a social worker, but it should have been specifically discussed with you

4 consider counselling or talking therapy or cbt in the long term. It does help especially with things like panic attacks & negative thinking.

the docs will address getting you well again and the cpn & social worker should address getting you help until you are well again.

 

Benefits.

1 crisis loan - if you have no money & no food then you should be eligible for a crisis loan, you have to stress that you have NO money & NO food left, you'll only be eligible to the same amount of money that the dss think you should have left until your next payment so just under a weeks worth, and they can be a bit funny if you already have outstanding loans

if you do obtain one then you'd need to collect it in person at your local jobcentre.

 

2 esa...in my opinion, you're not able to work atm so should qualify for esa, do the claim, they'll ask for supporting evidence so letter from doctor, psychiatrist, cpn, all will be sent as that, cpn goes down as care programme coordinator usually.

you won't be able to bypass the medical usually (theres only a limited number of conditions that can do)

 

esa 50 (i think it's called that) - the form you complete before the assessment/medical this is VERY IMPORTANT, you should be extremely careful how you complete this form, it's usually best to seek help completing it, again there should be a local comunity advice place that will help you & also represent you if needed should you have to appeal. there are guides on the internet on how to complete the form for different conditions eg .nawra.org.uk/Documents/Cardiff_Mar_10/Fit%20for%20Purpose%20%20A%20Guide%20to%20Completing%20the%20ESA50.pdf you have to reach a certain number of qualifying points according to the answers you give

make sure you put down everything as if on your worst day & take someone to the medical with you, eg advocate or cpn or social worker etc

 

Don't forget housing benefit & council tax benefit either.

 

DLA - the purpose of dla is to help with the costs of long term illness & care resulting from it

the major thing of the dla form is the way that it's completed, all questions should be answered as if on your worst day, & some questions will automatically qualify you for dla at some level depending on how you answer them, eg you don't cook a hot meal or are at risk of leaving things on the cooker, are unable to go places due to anxiety & panic attacks.

Once again, it's really important that the form is completed corectly, so seek assistance, they have the expertise to make your application much more successful.

get the form sent to you asap as the claim goes from when they sent the form to you.

 

Hope this has helped..

There Is light at the end of the tunnel, and there is help available, you just have to ask for it. There's nothing shameful in asking for help, especially when you're ill.

Link to post
Share on other sites

DLA - the purpose of dla is to help with the costs of long term illness & care resulting from it

the major thing of the dla form is the way that it's completed, all questions should be answered as if on your worst day

 

Do not do the form on your worst day. It's fraud and obvious if you do this. Someone did this, got found out and got into a lot of trouble. However, there's nothing wrong with mentioning bad days.

Link to post
Share on other sites

Hi guys,

Thanks for the replies so far. I just got a letter yesterday from the mental health team.

 

The receptionist gave me an appointment for 2nd of april, that was the earliest appointment. should i send the letter to e.s.a.

 

I think it would help with my claim and one more thing, do you know the way i have to wait 4 weeks to be seen by a c.p.n will they wait for that diagnosis from the mental health team. And 2 other can i get a social worker myself or do i have to go through the mental health team?

 

should i call with cruise and get a confirmation letter, to say that im waiting for an appointment.

 

And finally i am going to write a letter to esa to explain how my depression has got worse since october do you think that would help? your replies are appreciated thanks guys.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...