Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • 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

How long does it take DM to make Decision ?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4341 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

I'm still waiting since February, after sending in the GL24, from getting Nil points in my IB to ESA Migration, I'm still on the assessment rate, still sending in Med Certs, can anyone say if this means I'm going to Tribunal or can it take this long for a DM to make contact.

 

When I called DWP call centre they have no idea where I stand, just say keep sending in Med Certs, I only want to know will I hear from a DM, or is it done deal and I'm going for Tribunal hearing, it's been hell not knowing anything.

 

Is this the norm for people, the DWP site states during the process once you submit the GL24 you will hear from the DM if they been able to overturn the ATOS points, but I've had no definite details from them, just the usual letter saying they will pay assessment rate till my appeal is looked at.

 

thanks for reading, just feeling so ill with worrying

Link to post
Share on other sites

There is a backlog with reconsiderations but I wouldn't think the backlog is that big! So in my opinion I think the decision has not been changed by the DM and your claim has been referred to the Tribunal, and the Tribunal can be approx 6 months before it is heard.

Link to post
Share on other sites

I appealed via the GL24 in February, the DWP phoned me about six weeks later asking if I still wished to go ahead with the appeal, I said yes and the paperwork from the DWP arrived four weeks later, and the paperwork from the tribunal service a couple of weeks after that, My appeal hearing is not before 01/10/2012.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

Thanks for your replies, I'm worried as it does seem to me I would have had something by now, but when I called them they said I will hear from the DM in due course, they could not tell me if I was being sent to Tribunal or not as it does not show on their system. I'm going to phone again, I just want to get an answer as to what the DM's decision is, not just left in limbo, I thought they had to tell you not just send you to Tribunal without letting you know their decision first.

 

Osdset you say you had a call from them, that's what I mean, I've not heard a thing.

 

 

 

thanks again for your help guys

Link to post
Share on other sites

cocoriver,

Just a thought, did you state that you wanted to appeal on the GL24, or ask for a reconsideration?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

Link to post
Share on other sites

Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

 

Hmm, personally I would not have let someone else fill out the GL24, I take it you did not see what was written, for an appeal you normally state why you disagree with the DWP's decision, and ask for it to go to appeal.

 

I have no experience with claims migration but I know that in the case of a new claim for ESA, if a reconsideration is asked for benefits stop until the decision is made, you are still getting paid so I'm guessing he has requested an appeal.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

The problem was when I got the letter saying I had nil points, I phoned DWP and they suggested they make an appointment for me at Jobcentre where someone would help with the forms, as it has never happened to me before I was unsure of the process. I did see the GL24 as he asked me what I'd like to be put on the form as my reasons for appeal, basically that I disagreed with the ATOS medical, Nil points etc, so that's basically what he put on the form, then faxed it off, a couple of weeks later I got a letter saying it had been received, and they would look at the decision and if it could be changed they would let me know, then I got a letter saying I would be paid assessment rate until decision on my appeal had been made.

 

I phoned and ask did that mean I was being passed to tribunal but was told, as it was not showing on the system they could not tell me, but I should hear from a DM in due course, just to keep sending med certs, that's it, nothing since then. Now in May, and very worried indeed.

 

thanks again for taking the time to read my posts

Link to post
Share on other sites

OK, so as others have said, it looks very much like the reconsideration has been done, the DM did not change the decision in your favour, so it has gone to the Tribunal. That's not great, but not a disaster either as the Tribunals do regularly find in favour of ESA claimants.

 

You may wish to read Site Team member Honeybee13's excellent sticky thread (the threads that appear in a kind of nasty greenish colour at the top of the forum) for more information about the appeals process.

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.

Link to post
Share on other sites

Hi Antone, yes very much looks to be that way, I realize now I never fully understood what was happening, I was waiting to hear from the DM and now think I already have, going by the letter they sent back in Feb. But when I called them to clarify either way they would not say if I was going to Tribunal as they just kept telling me it did not show on the system that I was, so it could go either way, seems to me the DM did not change the decision back in February and I've been waiting for Tribunal papers all this time without even knowing it.

 

It's just ever y thing I've read, ie DWP link to the Appeals process, states you will hear from the DM, so I stupidly thought I'd get another letter or phone call.

 

I feel really stressed that I failed to understand what was happening, it's really upset me. I don't know if I'll be able to attend the Tribunal but as everyone says, it's better to go.

 

Thanks again for your help everyone, and best of luck to you all

Link to post
Share on other sites

hi,

 

just a thought here, have you when you have rung the dwp about this ever been offered a call back from the decision makers? If not ring and request one. They will be able to tell you whether or not it is going to tribunal.

 

Also have you seen a copy of the assessment report that would help you emensely in your appeal arguing.

Link to post
Share on other sites

here is what I got told regarding the delays etc.

 

the time the appeal/letter is recieved by sorting office is recorded so they use that date to decide if you appealed on time, however fromt hat point it can easily be many weeks before a DM looks at it. Most likely your appeal is sitting in a pile waiting to be looked at, once my last appeal was looked at the DM made a decision the same day.

 

As I understand it you will know if they submitted to trbunal because when they do that you have to be sent a copy of the documents related to the case.

 

It seems the DWP have issues communicating via letters and too many people are just left waiting in silence.

 

Asking for a callback from the BDC in my experience speeds things up. As they usually will look for your stuff first before ringing you back.

 

I rememebr ringing up been told by the call centre staff not to worry as the tribunal service has delays, and I pushed to find out the DM hadnt even got to it yet. I knew from past experience of tribunals I would get documentation when it gets submitted.

Link to post
Share on other sites

Hi, yes I've made several calls, mostly to the call centre staff, with different responses, ranging from it takes months for appeals to be looked at, to no your not necessarily going to tribunal yet, I had one call back with regard to being asked to send in a follow on med cert, I call to say it had been done but the call centre said it had not arrived so they gave me a call back, the lady that called me just took the details of the med cert and said she would update it there and then, but had no other information for me.

 

My last call, Tuesday this week, I was again told, nothing on the system saying I was going to Tribunal, can take months to be looked at and could go either way, but most people do have to go to Tribunal, just wait.

 

I may call again next week, and ask for a call back

 

thanks for your help

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...