Jump to content


  • Tweets

  • Posts

    • How much of the documentation have you seen from when probate was obtained? And do you have a copy of the original will? I can't remember. My thought about you making the decision on your own to go with another lawyer is that three of you are meant to be beneficiaries of this will trust, aren't you? Normally you would need to act together. HB
    • Octopus allows you to pay by variable Direct Debit, so you pay only for what you use but still benefit from DD pricing. That's what I've done ever we were SOLRed over to them in July 2022.
    • Hi guys, I am about to file my defence via email as cannot log in to the claim anymore.  Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in?  Thanks!  The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.  1.  The Defendant is the recorded keeper of vehicle xxxx xxx.  2.  It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD.  3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.   4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.  5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Getting onto the ladder: The first-time buyer conundrumView the full article
    • Ooops - one to many also s..... my draft reply should read as:  Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.
  • 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
      • 161 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

DLA stopped after ESA medical??***WON***


mazbck
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4405 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

congrats on your appeal it should never had went as far as it did.

 

With my disabilities you would think a government run buisness I worked for would do all they can to get you back to work. The government department I worked for was more on the lines of trying to fire me than to help, they eventualy got there way but I faught hard but eventualy the best result I could get was medically retired.

 

Just goes to show the government likes to take credit with statistics about helpin disabled people but under another breath they do everything they can to hinder us.

Link to post
Share on other sites

  • Replies 182
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

So pleased for you!!:)

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Well done Maz,remember you are still short on a month or so and are entitled to every penny they have nt paid so keep fighting for it REMEMBER THE CASE TO QUOTE WILL BE KERR V SECRETARY OF STATE... dont listen to the rubbish we can only backdate so far,this is some pencil pusher who thinks they got one over you by didlin you out of a couple of months payments let your MP know and also the DR...and remember this quote from me ..dont let it go you suffered without this lot batting an eyelid...with this case and pay particular reference to how on earth can she get away with EXPENSES HER N BALL yet you have to struggle to make ends meet....

Link to post
Share on other sites

well done,i`m so pleased you won and i`m so pleased your still going to carry on the fight against these unfair medicals,i won my appeal in oct but i`v still wrote approx 5 letters of complaints to my mp,if the medicals were done fairly there would no be the need for so many appeals.

Edited by ee-bee
Link to post
Share on other sites

Well done Maz,remember you are still short on a month or so and are entitled to every penny they have nt paid so keep fighting for it REMEMBER THE CASE TO QUOTE WILL BE KERR V SECRETARY OF STATE... dont listen to the rubbish we can only backdate so far,this is some pencil pusher who thinks they got one over you by didlin you out of a couple of months payments let your MP know and also the DR...and remember this quote from me ..dont let it go you suffered without this lot batting an eyelid...with this case and pay particular reference to how on earth can she get away with EXPENSES HER N BALL yet you have to struggle to make ends meet....

 

 

We were lucky as it has been backdated to when it stopped, and I have also contacted the Carer's allowance folk and due it it continuing from when it stopped I can also get my CA backdated to then as well.

Link to post
Share on other sites

Right here is what happened.

 

We gets a call in the morning asking us to change the time as there had been a cancellation, so off we toodles to the tribunal. We meet the Welfare Officer and had a chat, and we went into the panel.

 

Now remember my son has no self confidence and very painfully shy.

 

They started asking him questions, and he felt very uncomfortable, until the chair says to the other 2 that this was upsetting my son, and would it be ok it they asked ME what was going on.

 

So I told them the whole story and how my son copes(or doesnt cope) wiht his condition, and the doc asks about his drugs so I told him what immunosuppressants he was on, to which he was totally shocked!!

 

5 more minutes of things, and they went through the ESA medical and they realised that it was GARBAGE :D

 

They then asked my son and the Welfare officer to leave, and had a quick word with me, to which they asked what the prognosis was, and I told them Lifelong and about how now he may have crohns as well.

 

The chair said that she didnt want to ask in front of our son as it wouldnt do him any good. She then asked how he used to be, to which I told them a very active person who swam, went flying and was in the ATC. She shook her head and said, what a great mother you have been, and hope things start to go in his favour. One of the other panel was actually near in tears as I told them about how he was treated at school and how I would rather get a phone call at 3am from him in town saying he couldnt get a taxi home, than him calling me due to pain!!

 

The doctor then asked me why was I even here, as with his condition it is supposed to be a straight forward renewal.

 

I left and 5 minutes later we gets the results.

 

UNANIMOUS

 

Higher Mobility and middle Care from 4/10/09 to 3/10/13!!

Link to post
Share on other sites

Aww hunni, thankyou for telling us how it went. That was so nice to read. That's the way a Tribunal should be - Interested, Caring, Humane.

I am so happy for you both. Not ashamed to tell you that I'm crying, but with absolute happiness. So happy! :)

Much love

Rae.

Link to post
Share on other sites

Thanks hunni, I will admit I was in tears too when telling the panel about him without him being there, and one of them said it must be heartbreaking to see your child like that regardless of the age of them.

 

My advice to anyone is that if it goes to tribunal, just let them see how things are, do not be afraid to tell the panel of anything that affects you.

 

contact your MP/MSP, and def get someone from CAB or Welfare Benefits, although I will admit our Welfare beneifts advisor didnt even have to say or utter a word today, he was there more for moral support than anything else :D

 

So its off to bed for me, my week long headache is actually going and I think I need to sleep for a week.

Link to post
Share on other sites

Your win means so much to me. Having lost my own appeal and being forced to go back to step one it re-affirms my faith in people. Clearly each Tribunal is individual.

It is all about honesty, faith and hope.

Where I failed, you succeeded. That's not a judgement call. Thems the breaks. And I am so happy! :)

Best wishes

Rae

Link to post
Share on other sites

 

I left and 5 minutes later we gets the results.

 

UNANIMOUS

 

Higher Mobility and middle Care from 4/10/09 to 3/10/13!!

 

Excellent news. I am really pleased for you and your son. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thank you everyone, from the bottom of my heart, without the support of fellow caggers I just may have ended up in the loony bin!!!!!

 

Now the fight continues to get his ESA re-instated, and we are back at Welfare Benefits on Friday to help with the GL24.

Link to post
Share on other sites

As we say in Scotland, "go-an yersel pal!!"

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Aye well it wis a sair fecht so am jist awa tae hae a wee swally an a jig aboot the hoose!!!!!

 

aye you what!!!!!!!!!!!!!!!!!!!!!!!!

 

images%3Fq%3Dscratch%2Bhead%2Bavatar%26start%3D54%26um%3D1%26hl%3Den%26client%3Dfirefox-a%26sa%3DN%26rls%3Dorg.mozilla:en-GB:official%26ndsp%3D18%26tbs%3Disch:1

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Well, tbh PF, I only understood 25% of that! Which I suggest is statistically par for the course given that I',m 50% English, 25% Irish and 25% Scottish...

Best wishes

Rae

Link to post
Share on other sites

On further evidence it appears that I got 50% :)

 

 

YAY!!!!!

 

It is actually very hard to write in the dialect that I talk in, and when I talk online to all my friends from my home town and they write as they talk they call me a snob LOL

Link to post
Share on other sites

I have to admit I love language and dialect. What I couldn't get was 'sair fecht' but now you translate it as 'sore fight' I can see that. The problem was I couldn't 'hear' it in my mind.

Although I have spent the majority of my life in Devon and Dorset I was born in Cumberland [Cumbria still doesn't exist in my lexicon]. And the northern brogue there was not too far removed. I was always a 'bairn'...

My username 'kelcou' is the early French name which became the Scottish 'Kelso' with all it's inherent attributes. My maternal Grandmothers name, hence my ancestry.

Best wishes

Rae

Link to post
Share on other sites

Wow this is fantastic news!!!! This is my first time back on CAG since being away over the Easter hols and it is a great way to start by seeing "WON" on the title. I hope everything settles down a bit for you now and your stress levels drop a bit.

 

BRILLIANT NEWS!!!!!!!!

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

Link to post
Share on other sites

Thank you everyone!!

 

He has now picked out the PS3 and games he wants from the backdated money!!! LOL.

 

I caved and said YUP to one even though he has all the other consoles and his own gaming PC :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...