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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
  • Our picks

Like-Im-Being-Ripped-Off

Calling all disabled people on ESA that have had a raw deal with ATOS it's time to fight back.

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We all need to unite and a uk wide protest in london in front of the tv crew how disabled people are being treated this esa [problem] is a joke.

 

we just need people to have courage and who want to fight for their rights because until we fight for our rights we will be treated like animals remember the election is months away.

 

Gordon Brown needs to open the other eye that is closed and see reality ironically he has a disability himself one eye that he cannot see with perhaps he needs to be reminded the difference of being poor and being disabled.

 

WE MUST FIGHT people it's got to be done. WE ARE ALL BEING TOLD that WE ARE LIARS and we don't have disabilities.

 

Post your concerns HERE.

 

Edited by Like-Im-Being-Ripped-Off

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

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Hi, good start to a good idea!

I would like to see us mobilise in some way. As you say, there is an election coming up and the near future would give us a better chance of visibility. But I don't know how we can do it...

... so count me in :)

 

Up the revolution!

 

Best wishes

Rae.

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Hi, good start to a good idea!

I would like to see us mobilise in some way. As you say, there is an election coming up and the near future would give us a better chance of visibility. But I don't know how we can do it...

... so count me in :)

 

Up the revolution!

 

Best wishes

Rae.

 

Thanks your on my list Kelcou,

 

I think a good idea is to start with atos and get as mud as we can i would like to start a name and shame approach but im not shure if this site will allow us to do this.

 

and i think making formal complaints to atos and dwp and your MP maybe.

 

the direct approach would be to get a ralley at westminister and no 10.

 

anyone interested in any of the ideas please post your comments.8-)

 

or any other ideas welcome.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Well I have my MP and MSP coming to see us tomorrow in regards to our son's DLA claim that was refused due to an ESA medical, so I will let everyone know how we get on.

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It was nice to see this major problem slowly dribbling into mainstream news. I do think we need to be more vocal.

Any of you internet friendly ATOS faileds fancy starting a Facebook page???

Rae.

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OK, update on my thread about my son.

 

MSP got the Tribunals rumbled up and we now have a date for April.

 

MP on the other hand has written straight to the Secretary of State for Work and Pensions and has asked why the evidence of one of the country's most Eminent Dermatologists has been ignored!!!

 

More info to come when I get it

 

Maz

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OK, update on my thread about my son.

 

MSP got the Tribunals rumbled up and we now have a date for April.

 

MP on the other hand has written straight to the Secretary of State for Work and Pensions and has asked why the evidence of one of the country's most Eminent Dermatologists has been ignored!!!

 

More info to come when I get it

 

Maz

 

Maz.

Hope it goes well (good result):smile:

Keep it coming guys and gals, we need as much as we can gain about why professionals are being ignored.....:idea:

 

Kelcou.

more on the facebook could be another idea:idea:

 

I urge us to bomberd the Rt Hon Yvette Cooper MP who is Secretary of State for Work and Pensions at the DWP. with emails, letters and the like.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Count me in for FB as Im a bit of an addict LOL!!!

 

I also urge folks to involve their MPs or MSP's or both. When they start to get all the requests for help and they find they cant do other constituency work done for helping with ESA and DLA appeals, they may realise that something is way wrong.

 

Here is Rt Hon Yvette's address

 

Rt Hon Yvette Cooper MP

Secretary of State for Work and Pensions

Department of Work and Pensions

Richmond House

79 Whitehall

London

SW1A 2NS

 

This is the exact address from the top of the letter my MP sent to her.

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i for one will definately write to her and say what i think about atos medicals,i will also sign any petition about atos medicals,

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I am very disappointed at the complete lack of interest this thread has generated.

OK, I'll admit a little personal bias.

For those fortunate enough to retain their health let me tell you how things pan out for the disabled and seriously ill in this country today.

You have two choices of benefit. Employment Support Allowance or Job Seekers Allowance. Thats it. If you fail to get fifteen points on ESA you HAVE to go for JSA or get nothing. Regardless of your actual health.

Don't get me wrong, I'm all for malingerers being weeded out of the system but this is using a sledgehammer to crack a nut.

In my own case, I have severe COPD. Even the DWP in their A to Z of medical conditions agree I only have a 50/50 chance of surviving for 5 years. I won't bore you with the symptoms but lets just say I'm happy not to have to face being an OAP :)

And yet I failed my ATOS assesment and then my Tribunal - the 'medical expert' had no knowledge of COPD.

I don't really care about my case, but I do care deeply about the many people put in my position.

We may be disabled. We may be seriously ill. But we DO need to seriously think about doing something. Neither main political party is going to change the status quo. We have to act somehow and find a method of coming together and acting in unison.

Somehow, guys an gals, we have to create a revolution..

Rae. x

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Whats needed is a dedicated website, an action group slant, a slogan i.e. 'ATOS ADIOS', where folk can register there experiences and dissatifaction

at ATOS. This reminds me of the FOS who get £500 for each enquiry they look into, sod the result. If I put in a complaint against Cap. One, Cap. One pays the FOS £500.

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I am very disappointed at the complete lack of interest this thread has generated. I AGREE THERE RAE!:-(

OK, I'll admit a little personal bias.

For those fortunate enough to retain their health let me tell you how things pan out for the disabled and seriously ill in this country today.

You have two choices of benefit. Employment Support Allowance or Job Seekers Allowance. SUCKS Thats it. If you fail to get fifteen points on ESA you HAVE to go for JSA or get nothing. Regardless of your actual health.

Don't get me wrong, I'm all for malingerers being weeded out of the system but this is using a sledgehammer to crack a nut.

In my own case, I have severe COPD. Even the DWP in their A to Z of medical conditions agree I only have a 50/50 chance of surviving for 5 years. I won't bore you with the symptoms but lets just say I'm happy not to have to face being an OAP :)

And yet I failed my ATOS assesment and then my Tribunal - the 'medical expert' had no knowledge of COPD.

I don't really care about my case, but I do care deeply about the many people put in my position. KEEP YOUR CHIN UP I KNOWS IT"S HARD DONT LET THE BUGGERS GET YOU DOWN.

We may be disabled. We may be seriously ill. But we DO need to seriously think about doing something. Neither main political party is going to change the status quo. We have to act somehow and find a method of coming together and acting in unison.

Somehow, guys an gals, we have to create a revolution..

Rae. x

 

Rae,

I had a feeling when starting this thead it would lack interest but worth a try.......

I myself is suprised of the lack of fight of the british people, it's the same on anything that happens in his country wether it be this (ATOS) petrol, car tax, ect, i feel that people don't care what a state this country is in. i think that disabled people get a raw deal because they haven't the energy to fight. is it worth bombarding the national papers or similar into looking a what they are doing to us.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Count me in for the revolution, if you take thick people. I hadn't realised where this thread was until LIBRO put it on the benefits forum just now :oops:.

 

HB


Illegitimi non carborundum

 

 

 

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Count me in for the revolution, if you take thick people LOL. WE TAKE ANYONE THAT WANTS TO FIGHT.I hadn't realised where this thread was until LIBRO put it on the benefits forum just now .

 

HB

 

HB.

Count me in,

need some ideas if you would or could. lol:smile:

 

LIBRO:grin:


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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We all need to unite and a uk wide protest in london in front of the tv crew how disabled people are being treated this esa [problem] is a joke.

 

we just need people to have courage and who want to fight for their rights because until we fight for our rights we will be treated like animals remember the election is months away.

 

Gordon Brown needs to open the other eye that is closed and see reality ironically he has a disability himself one eye that he cannot see with perhaps he needs to be reminded the difference of being poor and being disabled.

 

WE MUST FIGHT people it's got to be done. WE ARE ALL BEING TOLD that WE ARE LIARS and we don't have disabilities.

 

Post your concerns HERE.

 

 

 

Hello everyone, New here 'so please be gentle with me':)

 

I COULDN'T AGREE MORE WITH YOU LBRO!

 

I am in the middle of the DWP/ATOS debarcle....

 

I have been in touch with ATOS and my MP?.... for all the good it's done...and it's APPEAL HERE I COME!....

definately want to join your campaign...

 

WE NEED TO BE HEARD!!!

 

THINGS NEED TO BE CHANGED!!!

 

I CAN'T BELIEVE THAT THE GOVERNMENT IS ALLOWED TO GET AWAY WITH THIS!!!

 

think the government are publishing something about the ESA this week so it's going to be in/on the news?...

 

I'll go to London to protest! anyone else going???

 

X

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I have a atos medical assesment this Wednesday so count me in because even if i do win in here to stand up for the less fortunate


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

 

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I have a atos medical assesment this Wednesday

 

""GOOD LUCK""!!!......................

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im sure you can get loads of support and ideas on the benefits and work forum too


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

 

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Hello everyone, New here 'so please be gentle with me':)

 

I COULDN'T AGREE MORE WITH YOU LBRO!

 

I am in the middle of the DWP/ATOS debarcle....

 

I have been in touch with ATOS and my MP?.... for all the good it's done...and it's APPEAL HERE I COME!....

definately want to join your campaign...

 

WE NEED TO BE HEARD!!!

 

THINGS NEED TO BE CHANGED!!!

 

I CAN'T BELIEVE THAT THE GOVERNMENT IS ALLOWED TO GET AWAY WITH THIS!!!

 

think the government are publishing something about the ESA this week so it's going to be in/on the news?...

 

I'll go to London to protest! anyone else going???

 

X

COUNTMEIN

Keep us posted on any news.

Pompeyfaith

Good luck wed.

 

Calling all who has been treated like a garbage by the DWP and ATOS

I think what might be a idea to is name and shame the so called medical professionals and what area there in. ie Dr let me hurt you as hard as we can. and were he or she is working, say at the atos office BRIGHTON or TELFORD you get the idea.:grin:

 

LIBRO.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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im sure you can get loads of support and ideas on the benefits and work forum too

it's a paying site not alot have people have the money for that sorry.

PF.

That's not really any help in this issue im afraid.

if you have any other ideas let us know.

 

LIBRO.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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the forum is free though


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

 

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the forum is free though

 

Sorry PF the forum is free, LOL:shock: slaP ME......

LIBRO

Edited by Like-Im-Being-Ripped-Off

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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there must be quite alot of sites on the internet where their members have gone through an atos medical and not had the result they should have had,

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Sorry PF the forum is free, LOL:shock: slaP ME......

LIBRO

 

No problem LIBRO


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

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

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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

 

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Nice to see a few more posts coming in!

A new facebook page has been created. Log in to fb, click groups and search for 'Give It Back!'.

I'll be getting my personal website up and running, hopefully by the end of the coming week.

Best wishes

Rae.

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