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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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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.

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ESA Assessment failed advice?


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Sure, just make sure that you refer to the name of the benefit and include the date of the decision that you are challenging, then post the office that made the decision.

 

This is perfectly valid.

 

Best wishes, Agostini

 

Plus the explanation of why it's a late appeal, as leemack has mentioned.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thank you for the link to the form. I will print it off now.

 

So once I've filled in this form, what is the next step? Doctor's note? And is it correct that I'll still receive ESA while the decision is being made?

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And what do I say was the reason I missed the 1 month appeal deadline? The actual reason I missed it was because when they made the decision and I got the letter I gave up and felt hopeless/fed up. I didn't know what to do and to be honest the decision did make me feel worse. How would I write that on this form?

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  • 2 weeks later...
  • 1 month later...

Thread update!

 

I received a phone call today from a woman from the Jobcentre, she just asked for some basic details for the appeal and said if I can get a doctor's note for 15th March until currently there's a chance I'll get ESA for then until now. I got a doctor's note previously just before they decided to cancel my ESA in April, it was a brand new 3 month note and I received no ESA for this, will I have to get another one for the same time period even though I already gave them one for this time period?

 

And also, is there a chance my doctor could say he won't give me a note for any time previous to the day I go to him because he can't say for definite whether I needed one? I'm worried he might do, if so is there anything I can say?

 

Thank you for all your replies and help so far, hopefully I will get the ESA I'm entitled to and also win the appeal.

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unfortunately the dWP have a bad habit of losing med certs.

 

Go to your GP, explain that the DWP lost the last med cert and ask for a new one or copy from that date. Did you take a copy of the med cert before you sent it? You always should. And when sending, staple it to a covering letter with all of your details on. You will also need to ask for a new med cert.

 

yes your GP can refuse to give you these, but should give you a reason. If you are unhappy with your doctor's decision you can use the surgery's complaint process. A doctor can give a copy med cert if he wants to and can backdate a current med cert up to 3 months (Ithink).

 

If you are able to provide med certs, esa will be backdated and continue until your appeal.

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I got a letter in the post today, the decision has not been changed, the letter included photocopies of my form and letter that I sent to appeal, the bit about the decision said:

 

Mug of Coffe has appealed against the decision dated 18.4.11. I have looked again to reconsider the decision under appeal, and cannot see any reason to change the original decision given.

 

Mug of Coffee has not provided any additional evidence to enable me to change the decision, and I can find no error in law in the original decision given.

 

Firstly, there is a box on the assessment thing that says 'Normal activities, for example, visiting new places or engaging in social contact, are precluded because of overwhelming fear or anxiety', this applies to me and is worth 15 points yet I only scored 12 on my original assessment?

 

And also, what extra evidence was I supposed to provide in my appeal? I wasn't asked to provide anything. I literally never leave my house and yet they are saying the decision is correct, I don't get it?

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you need to supply a specialists or gp's letter explaining the condition,make sure you point out that all documentation will be provided at the tribunal at that date.

 

social phobia is debilitating and jobseekers is not the right benefit for that condition,its a circle of peoples reactions and how you feel and would lead to acceptance problems in the workplace exposing the person to greater anxiety and greater potential problems and greater benefit dependency.potentially on jobseekers for a considerable period of time.

 

i had the shakes at the work programme providers with this and have to see the gp about signing off too.

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Not changing the decision is pretty much the norm. The real appeal is with the tribunal service.

 

You need to send a doctor's letter backing you up on the points you should have scored in the first place.

 

Read the "stickies" at the top for how to word your appeal.

 

Good luck, - DJ

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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  • 2 weeks later...

It's not a case of a re-appeal, it's just that they look at the decision again before it goes to the Tribunal Service.

 

You should keep your sick notes going and wait for an appeal date.

 

It could take 6 months to a year.

 

I wish you luck and please stay in touch. Don't be afraid to ask questions.

 

The government is putting us through hell so we need support.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Have you sent in sick notes? Are you getting ESA at the assessment rate?

 

Your appeal goes to the Tribunals Service and you should send them a letter from your doctor backing you up on which points you should have won.

 

The Tribunals Service is an independent body that looks at the decisions made by Atos and the DWP.

 

Many appeals are successful and it looks like you have a good case.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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I did not get a GL24 form with my letter saying my claim was being stopped because I failed the assessment. I only got a letter.

 

its surprising they ever sent these out at all,they aren't keen on appeals.

 

 

And what do I say was the reason I missed the 1 month appeal deadline? The actual reason I missed it was because when they made the decision and I got the letter I gave up and felt hopeless/fed up.

 

as the systems designed to do,the emphasis is on you to keep the ball rolling.good advice above. concentrate to on how it affects daily life.

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1st off could you please clarify what's gone on and what's happened.

 

Did you actually appeal or did you just ask for a reconsideration?

 

Have they not accepted the late appeal?

 

Have they accepted the late appeal but not changed the original decision?

 

Sorry I'm a bit confused on where you're at so...

 

I got awarded ESA thanks to a reconsideration just before it got to tribunal (took 6 months but hey).

 

I was told by the welfare rights bloke who did mine "new places" was out because I'd made it to the welfare rights office :| He then used the fact I was off my nut there and that it took me 4 weeks before I could get there to score me points across 3 other questions :lol:

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1st off could you please clarify what's gone on and what's happened.

 

Did you actually appeal or did you just ask for a reconsideration?

 

Have they not accepted the late appeal?

 

Have they accepted the late appeal but not changed the original decision?

 

Sorry I'm a bit confused on where you're at so...

 

I got awarded ESA thanks to a reconsideration just before it got to tribunal (took 6 months but hey).

 

I was told by the welfare rights bloke who did mine "new places" was out because I'd made it to the welfare rights office :| He then used the fact I was off my nut there and that it took me 4 weeks before I could get there to score me points across 3 other questions :lol:

 

This.

 

I sent a letter instead of a form (which I couldn't print) and they said:

 

'About your appeal

 

I enclose a copy of the appeal papaers with this letter. These papers give the reasons for our decision.

 

We have sent a copy of the same information and your appeal letter to the Tribunals Service. They will get in touch with you to explain what happens next with your appeal.

 

If you want more information get in touch with us'.

 

Currently I am receiving nothing, no ESA at all. I sent a doctors note just as the decision to stop my ESA was made in April, it was a 3-month letter and I didn't get any ESA for that period. Since April I've had no money.

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Well basically as been said you're appeal has been accepted and you now wait.

 

You will next receive a letter from the Tribunal Service asking if you want a written or oral hearing.

 

What you do now is have a read of the stickys on appeals etc and if you need to, gather more evidence and write a further fuller letter to support your case for the appeal and why you should have been awarded ESA.

 

Right med certs/fit notes - Are they up to date (so are covered now and for all previous periods) and have they all been received?

 

If the answers no you really have to sort that out as once they're received by the DWP you should be paid.

 

If you have sorted the certs out you need to contact the DWP and ask what the hold up is.

 

When I sent in my med certs I wrote ESA on then, sent with free proof of posting and gave the DWP a call after 7 days to check receipt.

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hi hun, i too suffer from anxiety and depression and have just my appeal on those points (check my thread for details) and it is worth sticking with it! i understand how stressful it is, but it does help if you get representation. have you been to wefare rights or cab? good luck!

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hi hun, i too suffer from anxiety and depression and have just my appeal on those points (check my thread for details) and it is worth sticking with it! i understand how stressful it is, but it does help if you get representation. have you been to wefare rights or cab? good luck!

 

Thank you :) I will check your thread in a sec.

 

I have got a letter from HM Courts & Tribunals Service, it says:

 

I am writing about your appeal, which has been forwarded to us, the HM Courts & Tribunals Service. It is our job to make the arrangements for your appeal to be heard by an independent Tribunal.

 

Your appeal is with the HM Courts & Tribunals Service office shown at the top of this leter. Please contact this office if you have any queries regarding your appeal.

 

We enclose:

 

An enquiry form

An information leaflet about appeals

Information about when you can expect your appeal to be heard

A prepaid envelope

 

So I now have to fill in the form and return it. Am I still in the position where if I can get my doctor's letters they will pay me my ESA until the appeal?

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Thank you.

 

I have a quick question, I have to fill in the form and send it back but it asks if I have any representatives (off the top of my head, the form isn't with me right now), so should I put my doctor on there? I'm not entirely sure he will 'support' me because if he refuses the notes he might refuse this? And also I was receiving therapy at home and I'm pretty sure they would confirm I have anxiety so should I put their details on the form? I'm not receiving therapy from them any more.

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They mean someone to appear at the tribunal with you to speak for you.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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