Jump to content


  • Tweets

  • Posts

    • You can be sure that pardoning himself, stopping the other prosecutions and vengeance will be his first priorities if he wins. i dont think he will win, but no surety on that
    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
  • 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

I have my hearing on monday where i am appealing


tidon
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4686 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

Hi leemack, i've been reading your posts of advice about tribunals, i have my hearing on monday where i am appealing against receiving no points at all out of the 15, my condition is diverticular decease and IBS which is very painful 24/7 but the Decision Maker thinks i must be telling lies but anyway the question i want to ask is, during the past 4 months i have developed a frozen shoulder and that is very very painful, should i mention this at the hearing or do as you have said below..? thanks.

 

It is often best to avoid all mention of new or worsening conditions at tribunal unless specifically asked.

Link to post
Share on other sites

Hi leemack, i've been reading your posts of advice about tribunals, i have my hearing on monday where i am appealing against receiving no points at all out of the 15, my condition is diverticular decease and IBS which is very painful 24/7 but the Decision Maker thinks i must be telling lies but anyway the question i want to ask is, during the past 4 months i have developed a frozen shoulder and that is very very painful, should i mention this at the hearing or do as you have said below..? thanks.

 

It is often best to avoid all mention of new or worsening conditions at tribunal unless specifically asked.

 

Hello tidon, welcome to the forum.

 

It would be better if you have your own thread here for advice specific to your own problem. I'll ask the site team to have a look, unless Erika happens to notice this.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hello again.

 

Leemack may be along later to advise you, but my understanding [not as extensive as leemack's] is that the Tribunal will be looking at your condition at the time you were turned down for ESA.

 

How are your preparations going? Have you looked at the forum sticky on appeals and tribunals or do you have someone helping you? The better prepared you are when you go along, the more chance you have of being successful.

 

My best, HB

 

PS Thank you to cerberusalert.

Edited by honeybee13
PS.

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

my understanding [not as extensive as leemack's] is that the Tribunal will be looking at your condition at the time you were turned down for ESA.

 

I was told this too. And remember - it's not the name of the condition; but the effects it has on you. Do you have nay medical evidence that states what problems you have due to your disabilities?

Link to post
Share on other sites

Hi HB, I have a a look on the forum sticky on appeals and tribunals and have picked up a few pointers, i will be going to the tribunal on my own and at the moment i'm just writing them a email as i never got to send them any evidence to support my case as ive just had my hospital appointment this week for some more results which now as been confirmed that not only do i have Diverticular Disease, (pouches of the bowel) thickening of the colon and a twisted kidney but also IBS as well now?

i will be focusing on the pain aspect and how it effects my daily life rather than the actual conditions but at the medical assessment i explained all this but still scored nil points?

Any pointers would be greatly appreciated.

thanks.

Link to post
Share on other sites

I was told this too. And remember - it's not the name of the condition; but the effects it has on you. Do you have nay medical evidence that states what problems you have due to your disabilities?

 

The only evidence i have is the results that my doctor has i presume from the hospitals but dont no how to go about asking for papers and such from my doctor as i dont no my rights regarding stuff like that?

Link to post
Share on other sites

Hello again. I would like someone to confirm, but I'd say it's worth taking your diagnosis along if it refers to the problems you had when you applied for ESA.

 

Have you got a copy of your Atos report? Because I won my tribunal by going through it with a fine tooth comb and pointing out all the inaccuracies and the places where it even contradicted itself. That's what the template in my sticky is for.

 

It's not ideal, but I think you could take this sort of summary with you to hand in before you see the panel.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Sorry, I may have misunderstood. What medical papers do you have at the moment please?

 

My best, HB

 

Is Atos report the medical report form? (ESA85 form) if so then yes i have that but i dont have any medical papers, i have not been properly informed as to what to do and only found this site two days ago as its all been one big rush as my appeal is on monday but i didnt get my final results from the hospital till last monday so i'm finding it hard to get things together to support my case? is it possible to get in adjourned till i get all my evidence sorted?

Link to post
Share on other sites

The other thing I was going to say in case I sign off before you reply, was will your GP let you have copies of your medical reports if you go in tomorrow, do you think?

 

It would be nice if someone would confirm if that's a good idea before you go to a lot of trouble, but if I wanted to do that, I would ring my GP's secretary to explain the problem and see if they would help by letting me have photocopies.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Definately a good idea, HB. The more supporting evidence you can take the better. If taking on the day, try and get there a little early so you can hand them in with an explanation that you've only just received them...

Link to post
Share on other sites

Yes, ESA85 sounds right. Does it talk about your state of health and the things they gave you 0 points for?

 

My best, HB

 

Yes this seems to be the right form, a lot of the questions like walking, reaching, standing, sitting etc say "None Of The Above Apply" but like i say, i will be trying to explain that its he pain and discomfort that i have 24/7 but i think i will find it hard because you cannot see pain and just because i can stand up, sit down and even carry a pint of milk then i'm going to find it impossible to win?

How does one try to explain and prove that pain is a disability as well?

Link to post
Share on other sites

Yes this seems to be the right form, a lot of the questions like walking, reaching, standing, sitting etc say "None Of The Above Apply" but like i say, i will be trying to explain that its he pain and discomfort that i have 24/7 but i think i will find it hard because you cannot see pain and just because i can stand up, sit down and even carry a pint of milk then i'm going to find it impossible to win?

How does one try to explain and prove that pain is a disability as well?

 

Hello again. I would say this is where you think about how your pain and discomfort affect your daily life and how they restrict you.

 

And as I said, look at the DWP's own descriptors and tell the panel how many points you think you should have been awarded. In other words, use the DWP's own system and rules against them. There's a link to the descriptors in my sticky.

 

If you get all that written down, typed up if you can, and hand it in on Monday, you won't just be relying on the panel to ask you the right questions and will have more of a say.

 

I have family committments this weekend, but will get online when I can. I should be around later on Sunday if not before.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi. To your first question, no, if your frozen shoulder is new since the Atos assessment then its best not to bring it up, it muddies the waters to bring up new or deteriorated conditions. Of course if asked directly you have to be honest. But there's no point volunteering irrelevant information.

 

You can ask for an adjournment, but it usually needs to be in writing (though you could fax it over) and is less likely to be given at short notice.

 

Whether or not you have a case is down to how you score on the descriptors. Have you gone through them and scored yourself to see if you think you score 15 points?

 

The descriptors aren't just about whether you can do that task once. You have to be able to repeat it after a short rest. Also severe pain is a factor, and if something is extremely painful to do then this can be taken into account. But they will take note of pain medication you are on - if you're only on mild painkillers then they are less likely to see pain as an issue.

 

If after looking at the descriptors, you still feel you score at least 15 points, then look at honeybee's sticky on appeals - it has great info in it.

 

Then write your own statement for the tribunal, pointing out any errors in the atos report, and stating your reasons for why you feel each descriptor applies to you - include examples from daily life for each descriptor you feel you should score points on.

 

Here is a thread where we helped a cagger with their statement - although its about mental health in this case, it gives you an idea.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301700-ESA-Tribunal-Hearing-Anxiety-***WON***

Link to post
Share on other sites

Hello again. I would say this is where you think about how your pain and discomfort affect your daily life and how they restrict you.

 

And as I said, look at the DWP's own descriptors and tell the panel how many points you think you should have been awarded. In other words, use the DWP's own system and rules against them. There's a link to the descriptors in my sticky.

 

If you get all that written down, typed up if you can, and hand it in on Monday, you won't just be relying on the panel to ask you the right questions and will have more of a say.

 

I have family committments this weekend, but will get online when I can. I should be around later on Sunday if not before.

 

My best, HB

 

Thanks HB, i have use words from your template and will be going over the DWP's own descriptors and will try and get things typed up for monday.. thanks

Link to post
Share on other sites

Thanks for yours and HB help its much appreciated.. could you tell me if these are points of law..

the medical assessment officer seems to have lied a lot, saying things that i didnt even say like, i go to my daughters that lives a 5 min walk away when i told him she lives next door about 30 seconds away and that i hoover my living room everyday when i dont even have a hoover.?

If i loose my appeal which isn't looking too promising to be honest as i'm really struggling, can i use these points to appeal in the next stage.? thanks

Link to post
Share on other sites

I think you're getting confused talking about points of law, you don't need to worry about points of law. Just find the errors on the atos report and make your case for each descriptor you want to score points on . The points for descriptors aren't points of law - they're just points that are added up.

 

The errors on the atos report are just that - errors made by the assessor on which the dwp decision maker based the decision on. And yes, what you've described are the type of errors you need to be pointing out.

Link to post
Share on other sites

Hello again. Fwiw, when I had my tribunal, the panel took my word for things, so if you tell them how it really is, they should believe you.

 

My OH had a chat with a tribunal chairman once and this man told him that's how they view what they're told by claimants. Keep going, it sounds as if you're doing well.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I think you're getting confused talking about points of law, you don't need to worry about points of law. Just find the errors on the atos report and make your case for each descriptor you want to score points on . The points for descriptors aren't points of law - they're just points that are added up.

 

The errors on the atos report are just that - errors made by the assessor on which the dwp decision maker based the decision on. And yes, what you've described are the type of errors you need to be pointing out.

 

Sorry leemack i am getting confused and i'm also getting stressed with it all. i've gone through the Descriptors and there are a lot of items where i think i should have scored points but i'm sturggling to put them into words.

I'll keep this really short but what i suffer with is diverticular disease which basicley is pouches of the bowel but they become enflamed and infected and cause sever pain, this can last weeks or months but with me i still leaves pain and discomfort 24/7 and feels like i have something like the size of a tennis ball sticking out of my somache wih is very painful and uncomfortable,

 

Ive had loads of test from CT scans to conoloscopy only to comferm diverticular disease and IBS.

What it is, is i'm dyslexic and find it hard to explian things in writing, would it be possiable for you to help me to explian in just one of the descriptors to give me a idea as how to write things down and then i will be able to do the rest..

 

a,b,e,and f apply to me but i dont no how to put it down in writing so that the board unstands me but basicley because of the pain and discomfort i cannot stand or sit for the amount of time its states because i have to lay down flat and rub the affected area and this last for weeks and even now sat typing this i find it really uncomfortable and keep having to lay back and massarge my stomache. in the appeal i no i wont be able to sit there for that amount of time but i'll be too scared to move because i'll think there will be thinking i'm kidding.?

any help would be more than appreciated.

also is there a link to find the descriptors in stead of having to copy them from my papers so i can just copy and paste them?

thanks

 

ACTIVTY 2 - STANDING and SITTING.

 

a)cANNOT STAND FOR MORE THAN 10 MINS BEFORE NEEDING TO SIT DOWN.

B)CANNOT SIT IN A CHAIR FOR MORE THAN 10 MINS BEFORE NEEDING TO MOVE BECAUSE OF DISCOMFORT.

c)n/a

d)n/a

e)CANNOT STAND FOR MORE THAN 30 MINS BEFORE NEEDING TO SIT DOWN.

f)CANNOT SIT IN A CHAIR FOR MORE THAN 30 MINS BEFORE NEEDING TO MOVE BECAUSE OF DISCOMFORT.

Link to post
Share on other sites

You can only scores in each section for one descriptor. So, in your case, you can only score point on A); even though others apply to you.

 

cANNOT STAND FOR MORE THAN 10 MINS BEFORE NEEDING TO SIT DOWN.

 

You now need to explain why. You could do it like this:

"If I stand for more than 10 minute happens"

 

being you telling them what happens. Basically, you need to treat them as though they don't understand your disabilities at all.

Link to post
Share on other sites

Firstly I need to ask a couple of things.

 

How long can you sit for in an upright chair before needing to move from the chair?

 

How long can you stand for, before needing to sit down.

 

Can you give some daily life examples of where you either can't stand for long or can't sit for long - for instance, I can't stand for long so have to do the washing up in short 5 minute bouts with rests inbetween - these type of daily life examples.

Link to post
Share on other sites

You can only scores in each section for one descriptor. So, in your case, you can only score point on A); even though others apply to you.

 

 

 

You now need to explain why. You could do it like this:

"If I stand for more than 10 minute happens"

 

being you telling them what happens. Basically, you need to treat them as though they don't understand your disabilities at all.

so for each secion of the descriptors i dont have to write about a,b,c,d etc? just the one like A, that aplies? thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...