Jump to content


  • Tweets

  • Posts

    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

ESA Tribunal Hearing Anxiety ***WON***


Nottingham1989
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4224 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 175
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hello again Nottingham.

 

Has your friend seen the sticky about Appeals, or would you be able to print it for her to have a look at? And your own appeal document that leemack helped you with, maybe she could draw on that if she has similar problems.

 

It's a big ask for someone to draw it up from scratch. CAG is aimed at self-help in the first instance, but we'll do what we can. Would your friend be able to post herself, because we are likely to need to ask more questions?

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I'm happy to give advice, Nottingham, but you need to get something written up for her, and post it, then we'll make suggestions on how to improve it. You've learned a lot in your time here, and will be a good resource for your friend.

Link to post
Share on other sites

I should have something up for tomorrow afternoon.

 

She has dyslexia so she can't read or spell, thanks for the support again and I will see you tomorrow afternoon.

 

(Honeybee, I am feeling ok but still low, I start cognitive behavioral therapy in a few weeks so I am hoping that will help)

Link to post
Share on other sites

I got a letter on Friday from the JCP office saying they have made me an appointment to go in on the 1st August to discuss what support can be offered to me. I am not overly keen about going down there. It's an 8 mile bus ride in to town then a 15 minute walk to the office's.

 

I am struggling bad with anxiety and I just don't think I could go all the way on public transport walking through crowded areas. I am sweating now thinking about it, shall I contact my therapist about this? (cognitive behavioural therapy)

 

Is there any thing else I can do? I can't get my uncle to take me because he cant drive due to a foot operation he just had.

Link to post
Share on other sites

Sorry it's taken so long

 

Here is the first bit, let me know if it can be made better

 

 

Appeal submission of ******** ******

Date of appeal - 8/8/11

National insurance number - *********

 

 

 

I, ****** Wright am appealing against the decision made on 8th November 2010 to decline the award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on 22nd October 2010.I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition.

 

 

I suffer with anxiety, depression and asthma. My mental health problems began 2 years ago and were caused by the deaths of my father and brother . I have been unable to work since 22/9/10.My medication at the time of the medical assessment was citalopram (10MG).I have been referred to a specialist as my current GP treatment as been ineffective in improving my condition. I feel depressed all of the time to the extent that it severely impacts my daily life. I feel anxious most of the time, my anxiety is severely increased if I have to leave the house or have any social interaction. I contemplate suicide on a regular basis and recently walked towards the train tracks hoping a train would hit me. The deaths of my father and brother have taken its toll on me. I feel have been left with my mental health in tatters.

Link to post
Share on other sites

Hello there.

 

You say this is the beginning of your submission. As Nystagmite mentions, are you planning to go through the descriptors and points, and the questions where you think Atos got it wrong or contradicted themselves?

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Nottingham, how detailed to you want us to be? For instance missing words, spelling etc,?

 

What you've written so far sounds OK, though its difficult to say more than that without seeing the rest. I'd change the bit where you put the deaths caused the mental health issues, by just changing caused to triggered - it might seem like a small difference, but for long term problems its best not to attribute cause, and saying a large event triggered the problems suggests underlying issues that were brought to the fore by the bereavements. There's a couple of words missing elsewhere - but you may be going back to check for things like that anyway.

 

You're doing well.

Link to post
Share on other sites

  • 2 weeks later...

Hello everyone,

 

I have my first interview at the Job Centre next Friday morning but I am going to struggle to attend.

 

I keep getting severe panic attacks, I had to walk to the next village along from where I am yesterday and I had to turn back because my anxiety got that bad. I went to my GP as my heart was beating at 135 beats per minutes and he put me on 200mg of Propranolol, I was on 160.

 

Is there any thing I can do? can I apply for the support group ?

Link to post
Share on other sites

Hi Nottingham, its best to phone up the person who your interview is with and explain the situation, they may be able to put the ineterview off for a while or do the interview over the phone for you. The only way to get into the support group would be to satisfy the criteria, which are very, very harsh, and even if you thought you satisfied the criteria, you would then have to appeal again in order to try to qualify.

Link to post
Share on other sites

  • 2 weeks later...

I have got a stomach bug and I have been throwing up for the last few days (as well as other things) and it seems like it's not going to go any time soon.My appointment is tomorrow, I had to re-schedule from the 1st! if I am still not well in the morning do you think they will kick up a fuss if I asked for it to be postponed?

 

I feel awful!

Link to post
Share on other sites

If you have a sickness bug then you would not be allowed to continue with the interview and would be asked to eave anyway, as long as you contat in advance of the appointment and have geniune reason for not attending then you should have any issues for having susoensions or sanctions imposed.

Link to post
Share on other sites

  • 4 weeks later...

Hello Everyone,

 

Tomorrow I have my first appointment with A4E, the Job Centre referred me to them on the 19th August and they said I will need to see them from now on. What can I expect from them tomorrow? do I have to agree to everything they say?

 

I had no one to take me and I have pretty bad anxiety problems and I asked them to book a taxi for me and they don't like it, but how do they expect me to get there, it's a 20 mile around trip. I had a bad attack when I had to go to the job centre, I left home at 2pm and I did not get back till 11pm because I got that bad and has a severe impact on me.

 

:evil:

Link to post
Share on other sites

They were putting far to much pressure on me, asking me to look at Learn Direct & The Open University, she said to me as soon as I went in " Even though your on ESA you will be treated as if your on JSA " I am still struggling with my problems, I am still waiting to start therapy and I am still waiting for my appointment with a physiatrist, they did not like that I came in a taxi, they said next time I need to get the bus in to town then a taxi to the place but I can't use public transport.

 

Don't know what to do :(

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...