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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time.

 

My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression.

 

During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking

 

, it was as if the decision was already made before I walked in there,

the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment.

 

I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks

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In general, you can only appeal (take it to tribunal) if there's been an error in law, rather than you not liking the decision. It sounds as though you do have good grounds to take it to tribunal.

 

Can't see how 14 minutes is long enough to make a decision at all. Might as well have not bothered!

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Appeal the decision first and foremost, get that lethargic process started.

 

Get your MP involved also, once they have looked at the flawed decision again, and upheld their decision, then it's time to start ripping to shreds the flimsy interrogation papers the fake HCP completed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Do you have the report that was used to make the decision? You need that to base your reconsideration (where they look at it again) on.

 

As part of my reconsideration, I pointed 1.5 pages of inconsistencies.

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This is the advice I provided on your other thread, for reference :-

 

If you haven't already done so you need to go through the report and basically tear it to pieces. Concentrate on picking up any factual errors. After that you need to sit down with the descriptors and, bearing in mind the 'repeatedly and reliably' criteria, make an as objective assessment as you can of where you should have scored points.

 

The assessment guide is here https://www.gov.uk/government/public...ment-providers which provides lots of useful info about how the assessment could have been conducted. I can't see how it could have been done properly in 10 minutes, so you can also mention all the things the assessor didn't do.

 

Once you've done all that, try to make it into some sort of logical statement and send it to the tribunal as soon as you can. Make a bullet point list of things you want to be sure to mention to the tribunal at the hearing.

 

You must attend the hearing, but try to take some one with you for moral support. If they also know something about your day-to-day difficulties, that would be a bonus. DWP are notorious for not taking account of carer's/relatives evidence, but tribunals do, especially where they haven't much to go in from the assessment report.

 

 

An entirely factual statement from your wife in her own words would be extremely helpful. Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical. She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts e.g. the assessor asked (your name) if he does his own shopping. (Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence. He does do his own shopping, but he always does it online so he doesn't have to go out'. As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need. You could both try keeping a diary for a few days.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Appeal the decision first and foremost, get that lethargic process started.

 

Get your MP involved also, once they have looked at the flawed decision again, and upheld their decision, then it's time to start ripping to shreds the flimsy interrogation papers the fake HCP completed.

 

Thanks for that BB, I have involved my MP, though to date, it has not made a difference, he seems to be pretty much as sitting on the fence, so to speak.

 

In general, you can only appeal (take it to tribunal) if there's been an error in law, rather than you not liking the decision. It sounds as though you do have good grounds to take it to tribunal.

 

Can't see how 14 minutes is long enough to make a decision at all. Might as well have not bothered!

 

Thanks for that Nystagmite, appreciated.

 

I am not complaining because I did not like the decision as a rule, I am complaining as to how that decision was achieved which was predominately on the assessor completing a full assessment on 2 different illnesses in 14 minutes.

 

Is their an error in law? Maybe the contract between DWP and ATOS has been broken, and the assessor has maybe broken the contract by not providing a service that the DWP expect from ATOS.

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AFAIK, you don't need to point out where they 'erred in law'' at this stage, all you're doing is telling them that the decision is a fantasy, and to go through the motions of claiming to look at it a second time, before you then take it to the first tier tribunal, it's at this point, after the FTT decision, that you then need to show where they (FTT) erred in law for you to escalate it to the upper tier tribunal.

 

Unless they have, of course, moved the goal posts.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The Tribunal Judge in the appeal made an order that the DWP provide the latest records of awards made for DLA, which again was subject to a mandatory reconsideration notice, not based on the fact that DLA was awarded, FEB 2014, but based on the rates granted, DLA was awarded, but I felt the rates were incorrect.

 

A couple of questions on the refusal to award more and giving in the mandatory notice is based on the findings and only one of the medical findings that I can walk a mile and in the opinion of the ESA assessor I did not have a significant disability with mobilising, standing and sitting, can the DWP rely on the assumption made by an ESA assessor to rely on a decision not give a higher rate?

 

And giving the order made by the Tribunal Judge would the DWP be compelled and in this instance to provide the further evidence that I disclosed with the last award subject to a mandatory, as on the notice its states the reason for this decision and the evidence used 1. Claim Pack. 2. The extra information that you provided us. 3. The ESA medical report dated 12/12/2013, the DWP have conveniently left out and not disclosed the further medical evidence that I sent them, my argument is that without that evidence and in considering the Judges orders they have not fully complied with his order, only part.

 

Its funny how this lot conveniently leave out the medical evidence that undermindes their decisions, must be the oldest trick in the book.

 

The judge when they ignored his initial order stated that they be barred if they failed to comply, in my opinion the fact that they have not produced all the evidence surely is not abiding with that order full and proper?, so in theory the case should not even be going to a hearing as they have not provided all that they were ordered to disclose, any help would be appreciated.

 

AFAIK, you don't need to point out where they 'erred in law'' at this stage, all you're doing is telling them that the decision is a fantasy, and to go through the motions of claiming to look at it a second time, before you then take it to the first tier tribunal, it's at this point, after the FTT decision, that you then need to show where they (FTT) erred in law for you to escalate it to the upper tier tribunal.

 

Unless they have, of course, moved the goal posts.

 

On that point BB, giving the FTT have allowed the DWP to only provide part material pursuant to an order, and have allowed the DWP to proceed to a hearing on the provisions that the DWP would be barred from proceedings, would not providing the further medical evidence that they all/eged to have considered be an abuse of process, in otherwords, allowing the DWP to conceal any medical evidence that could undermined their decision and that should be considered at the Tribunal hearing, therefore they should have already been barred from proceeedings and according to the Order which was not fully complied with on this occasion.

 

This is the advice I provided on your other thread, for reference :-

 

If you haven't already done so you need to go through the report and basically tear it to pieces. Concentrate on picking up any factual errors. After that you need to sit down with the descriptors and, bearing in mind the 'repeatedly and reliably' criteria, make an as objective assessment as you can of where you should have scored points.

 

The assessment guide is here https://www.gov.uk/government/public...ment-providers which provides lots of useful info about how the assessment could have been conducted. I can't see how it could have been done properly in 10 minutes, so you can also mention all the things the assessor didn't do.

 

Once you've done all that, try to make it into some sort of logical statement and send it to the tribunal as soon as you can. Make a bullet point list of things you want to be sure to mention to the tribunal at the hearing.

 

You must attend the hearing, but try to take some one with you for moral support. If they also know something about your day-to-day difficulties, that would be a bonus. DWP are notorious for not taking account of carer's/relatives evidence, but tribunals do, especially where they haven't much to go in from the assessment report.

 

 

An entirely factual statement from your wife in her own words would be extremely helpful. Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical. She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts e.g. the assessor asked (your name) if he does his own shopping. (Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence. He does do his own shopping, but he always does it online so he doesn't have to go out'. As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need. You could both try keeping a diary for a few days.

 

All those points as always are very helpful RMW, THANKS.

 

I am now considering the report from the assessor, just going through it makes me angry tbh, but I need to tackle this with a clear head and would be grateful if you could help me on a few points.

 

Under the heading VARIABILITY, the assessor as left this blank and put "As per condition history" (a) what does Variabilty mean, and should have he reported anything on this as opposed to just mentioning as per condition history? thanks

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I didn't use one for my reconsideration and won. (the people who filled in my form were awful)

 

I wouldn't focus on how short the assessment was. I'd just go through the criteria and see where you'd score points, giving examples.

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I on the other hand, used D.I.A.L (Disability Information Advice Line) and they secured my PIP first time round!

 

ESA on the other hand, I fought them for three years to win, after I had filled in the form myself.

 

But my situation is different, I need someone to help fill forms and explain them to me.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I didn't use one for my reconsideration and won. (the people who filled in my form were awful)

 

I wouldn't focus on how short the assessment was. I'd just go through the criteria and see where you'd score points, giving examples.

 

I think you are right Nystagmite, time to concerntrate on what should have been awarded as opposed to what this fraudulent assessor has indicated which is just plain lies.

 

That said on the report he has stated the assessment started at 10.00 and was concluded at at 10.19, again if an assessment for two illnesses can be achieved in that space of time, as the DWP own evidence clearly confirms, I would have assumed the person being subject to that assessment has not been giving the rights to a full and proper assessment as to prove his or her entitlement to PIP.

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Whilst I agree you need to focus on where you should have scored points as the last thing you need is for a tribunal to order a new assessment, in addition you must point out that the assessment wasn't long enough to properly consider the effects of one illness never mind two. I'd be surprised if it was possible to get all the admin stuff done in that time, such as confirming diagnoses, treatment and medication. I would also recommend going through the assessment guide and pointing out at least two or three things that the assessor definitely didn't do which they should have done.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Whilst I agree you need to focus on where you should have scored points as the last thing you need is for a tribunal to order a new assessment, in addition you must point out that the assessment wasn't long enough to properly consider the effects of one illness never mind two. I'd be surprised if it was possible to get all the admin stuff done in that time, such as confirming diagnoses, treatment and medication. I would also recommend going through the assessment guide and pointing out at least two or three things that the assessor definitely didn't do which they should have done.

 

My doctor who I was seeing at the time and after explaining that I was experiencing pain in my left arm and after blood tests stated that I was suffering from a new condition, angina, of which I regularly take medication for and was aware of the problems and at that time I had losing breath when walking, she advised me after I had told her that the DWP wanted to do a medical assessment to request a home visit from them because of my condition, I made that request but never got a reply.

 

Can evidence like my wife giving an account of what she witnessed at the assessment be sent by email to the Tribunal for them to give to the panel who will be dealing with my appeal?

 

And does it have to be writing as being a statement or just a normal email sent message. There is a fair bit that I need to disclose by next Tuesday for the panel to consider, is sending it by email a means of correct discloser?, any help on this and as a matter of urgency would be appreciated.

 

Can evidence like my wife giving an account of what she witnessed at the assessment be sent by email to the Tribunal for them to give to the panel who will be dealing with my appeal?

 

And does it have to be writing as being a statement or just a normal email sent message. There is a fair bit that I need to disclose by next Tuesday for the panel to consider, is sending it by email a means of correct discloser?, any help on this and as a matter of urgency would be appreciated.

 

Please can anyone help.

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Can evidence like my wife giving an account of what she witnessed at the assessment be sent by email to the Tribunal for them to give to the panel who will be dealing with my appeal?

 

And does it have to be writing as being a statement or just a normal email sent message. There is a fair bit that I need to disclose by next Tuesday for the panel to consider, is sending it by email a means of correct discloser?, any help on this and as a matter of urgency would be appreciated.

 

I replied on your other thread when you asked before:-

 

An entirely factual statement from your wife in her own words would be extremely helpful. Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical. She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts e.g. the assessor asked (your name) if he does his own shopping. (Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence. He does do his own shopping, but he always does it online so he doesn't have to go out'. As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need. You could both try keeping a diary for a few days.

 

 

A signed statement would be best, but I'm afraid I can't help regarding whether email service is acceptable. Check their website and any paperwork you've been sent, if email isn't mentioned specifically, then it's safest to assume you have to use the post. Get proof of posting.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks for that RMW, I contacted Tribunal in Cardiff HQ and advised them that I have sent my wife's statement and by recorded delivery, they said that is fine but have advised to send any other evidence within seven days of hearing.

 

You mentioned a diary, could you please explain what you mean in regards keeping a diary for a few days, thanks

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You mentioned a diary, could you please explain what you mean in regards keeping a diary for a few days, thanks

 

I don't know if RMW is around this evening, but here's a link to the CAB explaining what to do.

 

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-pip-claim/your-supporting-evidence/

 

HB

Illegitimi non carborundum

 

 

 

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Hi, I recently and after being advised by CAB made a complaint to ATOS about the assessor who dealt with my PIP.

 

I do not feel that the complaint was considered correctly.

 

In particular when the complaint was registered with the Health Care Proffessional Council because I was not getting answers from ATOS, The HCPC and on the information that I had giving them were of the opinion that a full investigation with ATOS needing to provide the evidence that they had previously failed to give when I requested which would now have to be adopted and in accordance with HCPC.

 

The HCPC stated that I was to request from ATOS confirmation or a denial that previous complaints had been raised in respect of the same assessor who I was complaining about and the HCPC wanted clarification of this from ATOS to further their investigation as this was a procedure that would need to be adopted by ATOS.

 

ATOS never gave that information which not only abused the procedure set by HCPC it also denied me the right to report and complain about that assessor because they were refusing to abide the procedure set out by the body who deal with conplainst against health care profesionals.

 

Should the Tribunal be made aware of this? if a doctor ignored the procedures that had been put in place by the GMC, I don't think this would be tolerated.

 

Thanks

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