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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.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dwp Punishment By Starvation Crime Trying To Work


micko19
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Ok.

Wonder who will be tasked to deal and respond ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Had my 2pm appointment.... explained the situation exactly as on here... he took a copy of my letters and was disgraced. He knows the organisation my sister works for and also said that their past experience confirmed that DWP did keep telephone audit trails. He told me it would be a few days until he got back to me but that they would not be going through the normal channels and would go straight to a management level. all in all i was quite pleased and hope this escalates the matter , nearly 8 weeks now with benefits stopped. I will soon be hiding behind lamposts lol

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Today I received 4 letters from the DWP the most significant stated that i was entitled to benefits from the date i finished working. The money has not yet appeared in the bank however. Another was more atos forms to be re submitted. another one was the standard request for another sick note but all the dates are wrong ....looks like panic has set in...

 

no time for fat ladies singing as i am nearly nine weeks without payment. but it does seem like something might be happening. and i do not know if the sar , the complaint or the mp intervention worked..... and we dont know yet if any has worked..but bucket loads of mail are now coming.....fingers crossed.....thanks all

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yippee 3 weeks money arrived this morning. I think they have misread a 2..month fitness note for a 1 month fitness note ..I will write today to pull them up. but it certainly is a positive cooked greasy breakfast me thinks..

 

will keep updating

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I received a letter today from a gentleman from the dwp information and Records Management Service. The letter is really cool(NOT) IN THE WAY HE ASSUMES NOBODY IN THE WORLD KNOWS ABOUT AUDIT TRAILS. I quote

 

"It would be unreasonable and unrealistic to expect a data controller(DWP here) to sift through every recorded call held in the hope of identifying those to which an individual customer might have a right of access."

 

This is an enormous assumption about peoples ignorance with regards to IT integrated systems. They enclosed a form in which i was asked to be more specific about my requirements. I filled in the form and added this to the part which i signed.

 

I hereby confirm your legal obligation is clearly outlined in the legal letter you have received and acknowledged for which you are accountable in law. Our previous letter gave very specific information as to what was requested and explained that your duty to provide information in law extends beyond that requested.

We have knowledge that the dwp runs a a fully searchable audit trail process. Every keypress, every call. Please bear in mind that the absence of information requested wil be justified before a County Court. I have much experience of this and i can tell you, judges know all about sql queries and filter searches and they despise being treated as though ignorant and asked to believe you just have a big filing cabinet. We reserve the right to request details of every it system and source of data storage and the filter criteria used to demonstrate your willingness to fulfill your legal obligations outlined clearly in my letter.

 

I have to follow this all the way now as i feel i may be starved again at any time. Stopping peoples benefits is in effect a job creation scheme generating phone calls and work for people that could well be avoided. Some times when boxed in a corner the only defence is attack.

 

thanks

 

micko

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Hi micko19, I'm glad you finally got some money through. About time! To be fair, an MPs letter thumping onto a senior managers desk does indeed make the you know what hit the fan. Sounds like you have a decent MP.

Best wishes

Rae

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please dont tar everyone with the same brush.. whilst there are definitley issues here, a lot of these staff are just doing a job trying to make a living.

 

I take it you were the one who deleted my post comparing them to other people just doing there job and commenting on the serious nature of their mistakes,at least have the common decency not to hide behind cag bot.

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yes, i have written and thanked my mp already, however it will have been a phone call not a letter. Also today they DWP miraculously confirmed that my 2 month fitness note was indeed that... WITH TOTALLY UNPROMPTED CALLS and offers to post further payments today. Reverse gear has truly been found...

I however reserve judgement on which if many, one or all the tactics worked and would advise anyone to use all routes. You may have an inconsiderate mp. I wil ltry to scan the dwp dpa letter on here so people can see how they squirm.

 

 

bla bla bla rant rant rant

 

micko

Edited by micko19
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Hi Micko - very glad to see that you managed to get this sorted. It's just a damned shame you had to go through it in the first place.

 

I take it you were the one who deleted my post comparing them to other people just doing there job and commenting on the serious nature of their mistakes,at least have the common decency not to hide behind cag bot.

 

It wasn't HSBCrusher who deleted your post. It was I who deleted your post, along with another because the thread was beginning to degenerate into a flame war. Where a post or posts are in contravention of the forum rules, which are set by the Forum Admin and which we all have to accept and bear in mind when we post on this forum (Site Team included), then those posts are subject to deletion.

 

Forum Rules

 

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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.

 

 

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I take it you were the one who deleted my post comparing them to other people just doing there job and commenting on the serious nature of their mistakes,at least have the common decency not to hide behind cag bot.

 

 

I happened to see what you posted before it was removed and I have to say I thought it was inappropriate.

 

At the risk of sounding like one of our lovely site team [which I'm not clever enough to be], if CAG becomes involved in a libel action because of what one of us has posted, then we risk the site not being here to help when we need it.

 

This would be a shame for all the desperate people who arrive here every day asking us to help them.

 

HB

 

PS Micko, sorry to interrupt, I'm pleased you're getting somewhere at last. HB x

Edited by honeybee13
PS

Illegitimi non carborundum

 

 

 

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