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    • Standard form being sent to large numbers of claimants. Just answer as the form asks.  No need to  go into any detail, unless the forms asks for specific details of how health impacts on daily activities. If you are worried contact Citizens Advice as they are experts with PIP, as they are trained to understand what evidence is required for assessments.
    • Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
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    • 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.  

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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.

      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.

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      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
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Just wanted to say thanks.


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I'm much more of a reader than a poster.

 

Been in combat with moorcroft over a credit card debt. I went into default after a nasty motorcycle accident to cut a long story short.

 

Sent the cca request to which they responded with an illegible application form from the late nineties.

Sent the account in dispute letter and got a reply basically saying your account will not be closed and it could affect your credit status blah blah blah.

 

In between were the usual pre school/court maybe, possibly, might threats. The phonecalls stopped due to my being a pain over security procedure, demanding everything in writing and making them jump through every hoop that I could legally.

 

I'm taking this snotty letter received recently as a victory as there are none of the usual threats. Just petty bad temper.

 

Thanks Guys you rock.

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Just keep a heads up as another may appear !!

 

Will do.

 

Things I have learned from cag although it's said here time and again.

 

1 In writing only as a verbal agreement with these people is worth the paper that it is written on.

 

2 Remain polite but disdainful at all times, it seems to drive them crazy.

 

3 When the court threat drops onto the doormat reply stating that you would rather accept the impartial judgement of an appointed court official than negotiate with a company that seems to have difficulty proving any alleged debt.

 

4 Modify and individulise the template letter slightly without removing anything, this shows that you have read and understand the document you are sending and are not a copy/paste chancer.

 

I have the bemused letter ready to go should another parasite try to latch on.

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I will try to post a bit more. Also at a similar stage with allied international though have not heard back from them recently apart from a letter saying the "account" is on hold.

 

Stupid thing is re the original accident that caused the problems. I explained to my 2 creditors that the other party was insured and had admitted full liability, proved it to them and gave medical reports of my injuries.

 

Explained that they would be paid in full if they just gave me leeway until the settlement. But oh no they had to go down the greedy stupid dca route. Their loss my gain.

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Miss Muppet is right but I am still scratching my head at Point 1,;)

I know what you mean though good luck, I hope you are getting back on track after your accident.

Good Luck

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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