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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi everyone,

 

 

I've been on ESA in the Support Group for the past 2 years and

 

 

today i received a capability for work questionnaire through the most that has to be returned within a month.

 

 

I am just wondering how long after you send the questionnaire back do you hear back from them with a possible face to face assessment date and do you still receive your normal payments while this process is going on?

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Hello, and welcome to CAG. I'm afraid I can't give you timescales (probably a matter of a few weeks to a few months) but you will continue to receive your normal payments while the WCA process is ongoing.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Yes, until the outcome is decided (whether that is based on the ESA50 alone, or involves a face to face assessment) your regular payments should continue.

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.

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  • 2 months later...

I've recently had my ESA WCA and at the end the assessor said he would be recommending i'm put in the middle group (WRAG i believe it's called).

 

Just wondering do the DWP listen to these recommendations or do they totally disregard them?

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1, there is no real "middle group" as there are only 2 groups that you can be awarded following the WCA F2F farce,

The SG (support Group) and WRAG (Work related activity ) Group,

 

2, The DWP DM will 9 times of of 10 always will side with what the so-called charlatan acting as HCP ,

unless they have made an obvious mistake,

if something isn't clear enough for the DM they may ring you for further info, but in general they usually accept what the HCP 's report over your and other evidence presented

 

But i certainly wouldn't take the assessor at their word, as it isn't their decision or so they claim,

 

 

Hopefully, for you, they will of been truthful to you,

The DWP will let you know, which could be 4-6 weeks away as an average time scale,

but it may be sooner or longer, depending on case load at the time in each area

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Thanks for the reply,

they said the group where you have to go work focused interviews etc so i'm guessing he meant WRAG.

 

 

I'm hoping it'll be truthful as well but there is so much uncertainty with the system.

 

 

Do you still receive payments while you wait for the decision as i need money for food etc?

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As long as your medical certificates remain up to date, you'll still receive payments while you wait for the decision.

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.

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If you where is the SG and there's a possibility of being put in the WRAG ,

 

 

has you medical conditions improved significantly since your last assessment ?

if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements,

it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

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I'm currently in the SG and have been for the past few years, sorry I should have said ESA reassessment.

 

Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.

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.

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Ah, I see. In that case you'll remain in the SG until the decision is made, and you'll still get paid at the SG rate.

 

Thank you, I just want to know the outcome right now as all this waiting is making me nervous.

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If you where is the SG and there's a possibility of being put in the WRAG , has you medical conditions improved significantly since your last assessment ? if not then many would suggest appealing if downgraded to the WRAG especially if you have evidence that backs up no significant improvements, it's a cut in money and a way they can cause you some degree of aggravation with the threat of a sanction if you refuse

 

Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

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Improved a bit and i guess i could cope with been in WRAG, how do the Jobcentre treat people on ESA? Also is it possible the decision maker will decide to keep me in the SG?

 

Sorry about the late reply, i only just noticed your comment.

The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

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The JC+ treat those on ESA WRAG in a similar way, although they can't mandate you to take a job or apply for one, but they have made use of the failed WP , which is being replaced with something more evil imo

It's best avoided if possible, As for the DM making a favourable decision and keeping you in the SG yes that's possible, but the things you have to remember is that the DWP DM's aren't clinically trained they rely on evidence from others such as those who carry out the WCA But you will have a month from the date of the decision to request an MR and if that too fails can then go to a tribunal, where there tends to be a greater number of successes

 

I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

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I've heard a lot of bad things about the WP and it's providers, whats it's going to be replaced with? I'm hoping i'll be put in SG again as the JC could end up making me worse again.

 

https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

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https://www.gov.uk/government/news/work-and-health-plan-to-help-disabled-people-into-employment

 

http://www.rightsnet.org.uk/forums/viewthread/11020/

 

There are some successful FOI requests regarding this, as well, but it doesn't look at all good just more money wasted by government intent of persecuting the sick into working at any cost, Seems like they are taking money from one group and distributing it and more to other groups

 

When they say work experience what they really mean is slave labour :(

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When they say work experience what they really mean is slave labour :(
yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with stories about how they have helped them into work, Edited by honeybee13
Pejorative terms removed.
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yup, a bit like the benefits cap, where they reduce benefits ,but if that claimant gets a job working as little as 16hrs a week they are entitled to more benefits, it's all down to this the LIN/LAB/CON shower of crooks trying to appease the tax payers with their fake statements about the number of unemployed and how well they have done in cutting those numbers , with lies about how they have helped them into work,

 

The 3 main parties all look for ways to steal money from the poorest people in order to give it to their banker friends :(

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I had a WCA just over a week ago now, is there a chance I'll hear from the DWP before this time next week? All this waiting is really affecting my nerves :sad:
whilst it's entirely possible, it's probably unlikely that you will
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My WCA was on 03.11.2016.

 

My result was communicated to me by post on 31.01.2017. That was a 12 week wait.

 

Sorry if my response was unhelpful

 

Thank you, it was helpful and damn 12 weeks is a long time. You must have been going out your mind waiting for the results :(

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To be honest, I saw it as no news is good news.

 

Until the result had come through, my jobsearch had been suspended.

 

The assessor gave me 0 points and said that I was in good health.

 

Somehow my several doctors letters did not count for anything!

 

Anyway, I asked for a mandatory reconsideration on Wednesday so I have braced myself that I could be waiting up until June for a response.

 

Their guideline response time is 21 days but it is better not to set myself up for an early response.

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