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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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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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Who decides what is or what is not a medical condition?


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It's me again!!

 

Sorry, about this but I need clarification on some points

 

My epilepsy is nocturnal ie i suffer seizures when asleep (though I have suffered them while awake). At my appeal tribunal they appeared to suggest that nocturnal epilepsy and 'daytime' epilepsy (while awake) are totally different and that one involves a loss of consciousness (daytime fits) and the other (nocturanl epilepsy) does not.They appear to believe that being asleep equals being unconscious which is simply ridiculous. That is the inference that I came away with from the appeal. Now this is utter ignorance on a grand scale

 

Having a seziure while asleep means you are unconscious which is not the same as being asleep but the ignoramous's at the appeal appeared not to understand this.

 

I need to know how the DWP differentiate between the various type of epilepsy because I suspect ignorance could undermine my case which is simply not acceptable

 

Nocturnal epilepsy involves a loss of consciousness - fact..the appeal people appeared not to agree with this and I want to challenge this sheer ignorance

 

many thanks

 

apologies for another thread

 

any advice appreciated

 

sd

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The descriptor is 'remaining concious during waking moments', which implies unfortunately that you need to be awake before you become unconcious. This is one of the areas where the test is harsher than it used to be.

 

Are there other descriptors you can score points on?

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Just another question:

 

Do the DWP take into account previous ESA50 submissions when assessing a current claim ie will they look at your history of applications and what you wrote in them or are they by law forced to base a current decision simply on the evidence provided by you in the 'active' ESA50?

 

thanks

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What does it do to your during the day as in are you exhausted and have to sleep, yet can get the loo?

 

Do you need supervision?

 

Its hard as some with what you have are still allowed their drivers license etc..... so though fit during the night okay day

 

Mine happen any time its really a pain in the butt, but although you have valid conditoin, wonder if its down to the ammount of care you need when recovering.

 

I saw actor acting solicitor on the telly where in the drama his dog would spin around in circles when he knew he was about to collapse prior to man himself knowing, and he knew therefore to get to safe spot. He duly collpased rather badly as didnt get to safe spot in time and withing minutes he was on his feet back in the court again doing his job, despite others saying are you sure you are okay. I was shocked to find some epeileptics according to this drama anyhow recovred so quickly and thought I would prefer that than mine.

 

Hard as you know we are seen with two arms and legs and they will want to not look deeper than that, the fact you can feel safe no fits happen during the day normally I suppose they are not considering the fact you may be so so tired during the day due to it. But we are all different.

 

To be honest I think its just as hard for an epileptic like me to get past the test without tribunal, so my kids some time ago when needing to redo a claim (Iknew they planeed to do it) but didnt know when I would next collapse, record one happening and my state afterwards, I only wathed a few seconds as it felt that she was a different person and I to be honest was quite distrubed by it for some time with no idea myself what went on, I luckily only knew the pain and tiredness afterwards sleeping for some time in most cases and also on other occassion being bed bound for some time depending on I suspect wether I had stopped breathing or had more than one in a short period.

 

Point is I will take the camera and ask them to understand how such a person could hold a job when not aware when next to collapse and see if they could at least look at it, because I know I cant again.

 

Made me also see how great my kids were as carers and what they had to do, I had no idea as often cant remember periods of time as in they would help me to the loo when able as not able to get there myself. Other times I wander off in a state not knowing who I am and have set cooker on fire and put clothes in dishwasher and crockery in washing machine and turned them on:!:

 

I can insist again and again I dont do that, but the camera showed what I got up to and its quite depressing.

 

Thas another issue have you told them if you ahve any issues as a result of what happenes, not saying you are like me but deep depression is linked with epilpesy.

 

I mean others are seen as fit enough to hold drivers licenese and do work so again we are all different.

 

Have you thought of contacting the epilepsy foundation I believe it is called and see if they can offer any help. NOt the usa one but the uk one.

 

I mean me and this is no knock to your condition, but if it as possbile to have the seizres only when slept and be fit for the day in the most part I would jump at the chance. But then again I dont fully understand how it effects you and what you go through, you need to tell them all the ins and outs. I went years with not wanting to tell anyone and although still hide away for number of issues, but it was the dwp who told me I needed help as they had come to my house, i didnt even know you could get help.

 

Its such a shame they have gone form genuinely offering support to those in genuine need to that of makin us ashamed of our conditions, as some like me already are and feel it my fault.

 

Right i have ranted on again, sorry, but did you go into the nitty gritty with them?

 

One big issue is are you okay getting to the loo, are you capable of doing that when needed, if you have to rely on pads, tell them the extent, as ashamed as i was I was told tell all.

 

With me the firebrigade who were called out suggested I should be monitored more when ill as could have burnt the house down or badly burnt myself. It was only my son ripping my top of me which was on fire that saved me form more than minor discomfort, for that he got me panicking not aware of what going on and hitting him to go away. I had no comprehension I had just set the cooker on fire, infact had to be reassured I am not going senile xx

 

Really hope you get the help you need, I have to go through it soon and the only way I am dealing with it is to expect failure and then appeal with as much info and help as can. Also finding it hard at the moment realising people take advantage of me when ill and realising cant rust anyone for anything, but then I am getting weird there as my conditon is also linked mentally apparantly.

 

At least we have this site hey xx

 

xx

Edited by watchinginvestigation2011
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Dont mean to be nosey but have they done a brain scan on you or eeg?

 

 

I remember when well enough to go home from the hospital up north I had to go to my own hospital and they made me stay in and sleep there with monitors on my head through night and day then did brain scans, think I was in for a couple of days then give diagnosis a few weeks later when saw consultant again.

 

Think they have to first rule out more sinister causes.

 

I mean I have seizures and am not aware so could you poss be havng more during night that need to alert doctor to, hence the migraines.

 

You know I reckon if keeled over in front of atos they would find us fit for work based on whilst down there could dust the floor:jaw:

 

Probably awake to find they had donated the duster in hand. Sad really but have to laugh at them and hope we see real doctors there soon. How can a midwife judge a mental or neurological condition?

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