Jump to content


  • Tweets

  • Posts

    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
  • 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

Industrial Injuries Tribunal advice.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4720 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

Hey folks i had a medical and was classed as 14% disabled but the medical didn't include my neck problems which my Physio had told me had come from the accident with my back.I asked the DWP to consider this so i had to appeal.I know have my tribunal letter in and on the same day i was told that MRI scans showed i had wear and tear on my neck.Is it worth continuing or should i just withdraw.

 

Thanks to anybody for looking.

Link to post
Share on other sites

It depends if the consultant says that the accident has hasten the the injury. For example you wouldn't have had a problem for 6 yrs if you didn't have the accident.

 

As far as i'm concerned it was always due to the accident which was in 2006, i'm just worried about approching the tribunal without any proof.I did have a private doctor who excels in his field help me after the accident for a few years who then stopped working on my neck due to risk of Arthritis.I cant contact him anymore as he left his wife and done a runner!

Link to post
Share on other sites

I've always mentioned my neck and it is noted on there list but they said it wasnt connected to the accident.It was only 2 weeks after the assesment that i started recieving physio again and he said it was the accident. An MRI scan last week showed wear and tear in the neck.

Link to post
Share on other sites

I,m just a bit of a loss.

 

When you had your original assessment. You were assessed on how your life had changed since the accIdent. Did you request a copy of the assessment. This will help in seeing what the assessor has put.

And you can flag up you side to the appeal.

I personally won't have the appeal until you have a copy of the assessment because if you fail on the appeal you can only reappeal on a point of law.

This is your one and only chance..

Is the14% for life or review at a later date. The private doctor was he part of injury claim against your employer.

It will be a push getting it to 20% but do it correct and you may just do it

 

The assessors alway go way below anyway. I,ve seen people on 6% get to 20% on appeal. But first things first get a copy of the assessment

  • Haha 1
:???: what me. never heard of you never had a debt with you.
Link to post
Share on other sites

  • 4 weeks later...

Hi, I wouldn't give up. I don't know how old you are but the majority of people have wear and tear changes in their spines as they age so yours could just be a coincidental finding and doesn't necessarily mean that they are causing your problems or that if you hadn't had your accident they would have become painful. If you enter into your browser 'magnetic resonance imaging of the cervical spine in asymptomatic people' you will find a number of research based evidence which you could send to the tribunal. Studies have been extensively carried out on people with no pain or symptoms whereby MRI scans have been performed and a large number of these asymptomatic people have been found to have abnormal findings on their scans.

Link to post
Share on other sites

Jacobsl thanks very much for the advice, i have withdrawn my appeal after listening to advice from my doctor and physio who both said that it would be hard to prove that the accident caused the neck pain and not arthritis.I have just turned 37 and my neck pain was indicated in my first medical back in 2008 and has been mentioned in 2009,2010 and 2011 reports.In my opinion the accident caused the neck pain but the cervical manipulation treatment i received many times to help certainly has made it worse.Does the treatment i got hamper my appeal or is the treatment considered to be part of the accident?Thanks again and i will look out for what you suggested.

Link to post
Share on other sites

Dear Honestbear, I understand how you must feel and how difficult it is trying to stand up for what you believe especially to doctors.

 

I don't know the nature of your accident but if you started with pain after your accident then I believe you have a case. As I explained before, the majority of the population has some form of abnormality in their spine, including arthritis, but this doesn't mean it will lead to pain and disability. If you hadn't had your accident you may or may not have developed pain in the future and if you did, it may possibly have been at a much older age.

 

Regarding the treatment you had, if you hadn't had your accident you wouldn't have needed to go for any so it shouldn't matter that your pain has increased.

 

Most industrial injury claims are denied and go on to a tribunal appeal and the majority then succeed so if I were you I would go to appeal.

 

By the way, the Government and the CAB have complained to the Department of Work and Pensions about the amount of claims that need to go to Tribunal and have then succeeded.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...