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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Benefits whilst awaiting appeal


zuton
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Hello all, i am new here and am also in the same position as jigsaw i have been on incapacity benifit in excess of 6 years but recently failed the medical assesment,i have got the forms now to appeal and in the process of filling them in.Can anyone help with advice on any benifit i could receive whilst awaiting the appeal.MY wife works full time just over min wage and i receive an occupational pension of 60 pounds a week.

 

PS sorry if this is not the right place to post this but was not sure where else to post

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Hello Zuton and welcome to CAG. You're in the right place, but you've posted on a thread that's nearly a year old. It would be best to have your own thread and have specific advice. I'm sure someone will be along later. In the meantime, I'll ask the site team to start a new thread for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi Zuton,

 

I have moved your posts here to ta thread of its own

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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For IB appeals, you can claim Income Support at a reduced rate - I believe 80% but don't quote me on that. The issue is that your wife's income and your occupational pension combined would interfere with this, as income support is means tested, whereas IB is not. In view of your household income it's highly unlikely you would be entitled to income support pending appeal.

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)

 

 

 

 

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Thanks for the advice its pretty much what i thought,just cant understand after passing 2 previous medicals with no problems i should fail this one when if anything my condition has worsened. When my appeal comes through assuming i am granted one does anybody know where i could get advice on getting somone to represent me at my appeal which would have to be on a voluntary basis as cannot afford to pay.

 

Again many thanks for the promt replies

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Hello again. I'm not that surprised you've had two good 'medicals' and now failed on, we see it often. It doesn't mean it's fair, or easy for you.

 

For representation, speak to your local CAB who may help, or Welfare Rights if there is one in your area. Try through the local council.

 

I have a sticky in the yellow part of this forum's front page, all about appeals. HadEnough from this forum had Welfare Rights, I think it was, at the hearing, but he went through the points in my sticky and Welfare Rights said it really helped them concentrate on the most important issues. We'll help as much as we can.

 

Don't forget the time limit for sending in the forms saying you disagree with the decision.

 

My best, HB

Illegitimi non carborundum

 

 

 

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