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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

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      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
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PIP assessor lied on his assessment


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I applied for PIP and was sent for an assessment. It seemed to go fine, but I had a feeling I wouldn't get it, despite having mobility problems due to arthritis, IBS and a heart condition. However, when I received a copy of his assessment, I was quite shocked to see that he blatantly lied in the letter.

 

He stated that he'd carried out physical tests, which he did not. He stated that I could freely get both arms behind my head and back, which I can't, and my doctor would testify to this. He also stated that I could get up down off the chair and walk without difficulty, which I can't.

 

If it weren't for these issues, I'd feel fairly philosophical about being denied PIP, as on a good day I can walk more than 20 meters, albeit slowly, and I can prepare a simple meal, which seems to be the criteria for denying PIP.

 

However, it really irks me that he lied, and my son was with me the entire time and can testify that these tests were not carried out. Is there anything I can do to complain? I'm only aware of an appeal process, but don't feel that the outcome would change so didn't think I had valid grounds.

Realise the impotence of proofreading everything you write.

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Appeal, and inform your local MP too.

 

They all lie, it's what they're trained to do, they've been doing it for years.

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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Thanks for your reply. However, appealing won't change the outcome, I just want to know if there's a complaints process.

Realise the impotence of proofreading everything you write.

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However, appealing won't change the outcome, I just want to know if there's a complaints process.

 

Yes there's an appeals process, a very well worn one too!

 

Appealing does change the outcome otherwise they wouldn't have an appeals process in place....you're forgetting that just because you can walk 20 metres and prepare a meal doesn't mean you're not entitled to PIP.

 

I can do most things, but on other days, I don't even get out of bed or leave the flat, it's these days you need to be telling them about, the days when you are at your worst, not the days in which you're feeling fine and dandy.

 

The appeals process will be in with their letter stating you're not entitled to PIP.

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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Thanks for your reply. However, appealing won't change the outcome, I just want to know if there's a complaints process.

 

There is a complaint procedure, ATOS have their own, don't bother or waste your time and effort, from my experience and from reading other threads this is just a paper exercise, they and like your assessor will both rely on fabrication, no matter what.

 

There is also The Health Care Professional Council who and in all honesty are the same as those who deal with complaints within ATOS just make excuse upon on excuse they will both come back with the very same answer " its your word against the assessor's " and the assessor will always win, wrong but a fact.

 

The only way that you will be able to prove to the only person that knows the report is a complete lie, which most if not all are, is to yourself.

 

Put in for a Mandatory Reconsideration and within a month, which is an compulsory obligation for you to be able to appeal and if as expected that comes back as a rejection again based on a pack of lies appeal the decision, because appealing the decision is the only way you could seek justice.

 

I was in the same situation and like you a year ago, and won my appeal, if I learned anything from it, the time and all the effort complaining against these lemons was a complete and utter waste of time, forget them, as hard as it seems because you are angry, and rightly so, but they are not accountable for their actions, that's why they do, that's why they get away with it.

 

Just concerntrate all your energies on appealing the decision and don't give up.

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