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    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Coercion or blackmail?/


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I have a relative who was sectioned under 37/412 of the Mental Health Act.They have been in and out of a few hospitals for around 15 years now.When they are making progress,they are then transferred to another hospital where they are told the treatment is different, and put them back.

 

They have not had any leave for over a year whereas they used to get escorted leave regularly just like many of the other patients.

 

My relative was told they had to take a specific medication before they were allowed leave,but after several administrations of the medication, they were feeling numb, having severe headaches and put on an excessive amount of weight.They refused to take any more medication.

 

It has now transpired that they were told,"If you don't take your medication, then you will have no leave of any sort for 3 years".

Surely this is an act of coercion/Coercive persuasion, or even blackmail?.

 

The current newly appointed doctor was surprised to learn that my relative has been locked away for nearly 16 years, whereas a person with the same or similar diagnoses is released within around 7 years of treatment.

 

It seems to me that this hospital(which has been taken over twice in under 10 years), are only in it for the money whether the patients are fit to go back into society or not.

Does the current law on Coercion and blackmail cover mental patients??

 

Is there any thing I can do like contacting the Ministry of justice and be a voice for my relative?.

Edited by Andyorch
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How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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What was their index offence, and was the order made by the Crown Court?.

 

Have they approached the Mental Health Review Tribunal, and have they had advice from an Independent Mental Health Advocate?.

https://www.rethink.org/living-with-mental-illness/rights-restrictions/advocacy/types

 

The current newly appointed doctor was surprised to learn that my relative has been locked away for nearly 16 years, whereas a person with the same or similar diagnoses is released within around 7 years of treatment.

 

Wouldn't that depend on their response to treatment, and if they were felt to still be a risk to themselves or others?.

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Thank You for the replies so far.

 

Stu007,

The link was very helpful.

 

It was my relatives mother who requested the court sections the defendant as she believed they would get better treatment in a hospital than go to prison, get no treatment and be released after several years.

The courts decided to grant her request.

She is now regretting that decision.

 

BazzaS,

my relative was released on day release without supervision on a regular basis when they were in a hospital in Wales.

They were making good progress when the hospital decided to move them to a hospital in Nottingham.

 

They were there for around a year, and were then transferred to a hospital in Clifton, Nottingham, where they have been ever since.

 

If my relative doesn't go along with the staffs orders, or doesn't play the system, they are then marked down, put onto another wing, have all their priveleges stopped.

 

Now they are told that they will not get any leave, whether escorted or unescorted for 3 years.

I am sure the staff do this on purpose to wind up the patients so they lose their temper, create havoc, cause criminal damage etc,

then the staff puts it down in a "Naughty Book", and the patient is marked down.

 

The staff use this as an excuse to say the patient is still mentally unstable.

Edited by dx100uk
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Hi newmoses

 

The link that both BazzaS and myself have posted I think you could do with having a wee chat with them to see what advice/assistance they may be able to offer you in these circumstances, look at this link:

 

https://www.rethink.org/about-us/contact-us

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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