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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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.

      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.
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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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appeal against ESA medical report..


davidbrown80
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hi

im new here . i hav been claiming esa since it started i think my story is that about two and a bit years ago i started getting a pain down my right leg after seeing my doctor i was sent for xrays that showed i have arthritis in both hips and also both knees and was sent for a hip replacement last oct . and this did not ease the pain i was getting so i was sent to see a specailist who told me i have spinal stenosis and that my back is damaged in three places and that there is not real cure or operation that will ease my pain and that it would be very risky to opparate on it . i cant walk anymore than about fifty yard without pain in my leg and cant sit anymore than a few mins as it causes pain in my back ive been put on strong painkillers and its the only way to control the pain . ive since been to see two other specailist who comfirm the same thing except that one said i will need a major opperation to screw metal plates on my spine at some point (not keen on that idea ) and that this condition will only get worse and in recent times ive found that i have arthritis in my right shoulder and both hands and to cap that im now on rampril to lower my blood preasure . in aug i was sent for the atos exam again and ive just been told i wont get esa anymore as i scored zero points. anyway decided to appeal (doctor i saw at atos was a physiotherapist im surprized to say the least that they think he knows more about my condition than the three specailists ive seen . caould anyone give me any pointers wot to include in my appeal form apart from the letters from the specalists etc. thanks

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hi

im new here . i hav been claiming esa since it started i think my story is that about two and a bit years ago i started getting a pain down my right leg after seeing my doctor i was sent for xrays that showed i have arthritis in both hips and also both knees and was sent for a hip replacement last oct . and this did not ease the pain i was getting so i was sent to see a specailist who told me i have spinal stenosis and that my back is damaged in three places and that there is not real cure or operation that will ease my pain and that it would be very risky to opparate on it . i cant walk anymore than about fifty yard without pain in my leg and cant sit anymore than a few mins as it causes pain in my back ive been put on strong painkillers and its the only way to control the pain . ive since been to see two other specailist who comfirm the same thing except that one said i will need a major opperation to screw metal plates on my spine at some point (not keen on that idea ) and that this condition will only get worse and in recent times ive found that i have arthritis in my right shoulder and both hands and to cap that im now on rampril to lower my blood preasure . in aug i was sent for the atos exam again and ive just been told i wont get esa anymore as i scored zero points. anyway decided to appeal (doctor i saw at atos was a physiotherapist im surprized to say the least that they think he knows more about my condition than the three specailists ive seen . caould anyone give me any pointers wot to include in my appeal form apart from the letters from the specalists etc. thanks

just to add ive been to my doctors today and he says he will support my appeal and as give me a letter from one of the specailists ive seen confirming my problems . strange that i saw the specalist only about two days before my atos medical so it would seem that my doctors are wrong and theres are right . odd that i think.
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Hello,

 

What you appear to have overlooked is the fact that DWP/ATOS are not interested in the diagnosis, or the illness - just that with that diagnosis and illness could you possibly do any type of work.

 

There are many people that have very serious illnesses, but that doesn't mean to say that they can't work - many do!

 

The 'medical' was there to test the various descriptors that show that someone is capable of some type of work - hence the reason why you scored what you did. It is their opinion that notwithstanding what the medical problems are, there is the possibility that you could work.

 

It was mentioned by someone else - 'does that include sitting at home addressing envelopes?' - yes it does, it is a job!

 

As you are able to use a keyboard, maybe a job at home using a computer would be possible.

Very shortly, as stated in the Spending Review' you will have to sign on as 'unemployed' and claim JSA instead. You will be made to look for a job or lose your benefits.

 

Be positive about yourself - think about the things you can and could do.

 

It is far better to have maybe a part time job and earning a few pounds than doing nothing with yourself all day and night.

 

Look to the bright side, the government is trying to help you - see it for what it is and help yourself more.

 

Gem

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Hi David and welcome to Nil Pointers Club :whoo:

 

You'll find there are quite a few of us on here in this club and it's nothing to worry about.

 

It sounds like you've got things in hand for the appeal just remember to stick to the dates/timings for the appeal to be lodged and evidence gathered religiously.

 

If you need more advice there's Honeybees' advice on Appeals in the Sticky Posts above these ones. It is also advisable to enlist the help of a charity, CAB or welfare rights to help with the appeal.

 

Gemstar is correct that ATOS only look for what you can do and disregard what is wrong with you.

 

If you need any specific help just ask away and hopefully somebody can give you a hand :-D

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