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    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
    • My old dog Amy used to do that  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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Atos They are unbelievable


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My husband has failed his ESA Medical Assessment, he has Diabetes, MEN Type 1 (Google it), Dupuytrens Contracture Syndrome in his hands, Abdominal lumps and bowels disorder, high blood pressure and high cholesterol. He is also is being treated for depression and has a history of violence plus documented evidence of accidental fires and injuries. According to Atos, he is capable of work as he able to go to town on the bus, is not being treated by a trick cyclist and is not in danger of self harm, even though he told the woman he was 'sick of his life' and had picked a spot on Byker Bridge. This is disgusting and me and Newcastle Welfare Rights (worked with them 30 years ago) will sort this!

 

Please tell me how these people can getaway with this! I cannot believe it and will do anything to bring these people to justice! My husband is in constant pain, has had three ops in the last year with little relief and cannot bare the thought of any more 'procedures' which seem to have little effect

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Mmm just wondering because the dupytrens contracture would make it difficult for him to hold objects, write and carry and lift things which really cuts down what he can do. Don't be intimidated by these idiots, appeal against the decision and get as much evidence as you can such as a report from GP.

Gbarbm

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My husband is in constant pain...

Does your husband take medication for his pain?

 

Perhaps the side-effects of drowsiness, confusion, etc., make it difficult for him to learn simple tasks and relate socially?

 

They can also cause poor awareness of hazards, poor concentration and many other problems.

 

This is all very trying for people who already have more than enough to endure.

 

I wish you the very best of luck. :-)

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Yes he does and according to the assessor, the co-codamol and Ibuprofen he takes are 'mild' but she was also shown the 'Tramadiol' he has but prescribed but chooses not to take very often and omitted this from the report.

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Yes he does and according to the assessor, the co-codamol and Ibuprofen he takes are 'mild' but she was also shown the 'Tramadiol' he has but prescribed but chooses not to take very often and omitted this from the report.

 

Hello there, sorry to hear you've had this experience. We know what Atos can be like all too well.

 

As you probably know, now you need to go through the Atos report and highlight everything that's wrong or misinterpreted by them and why, so that Welfare Rights can construct a submission for you. And as someone said I think, a letter from your GP detailing the physical problems and whether s/he thinks the medication is 'mild'. There's the forum sticky to refer to in case it helps.

 

My best, HB

Illegitimi non carborundum

 

 

 

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A nice polite letter to your

MP to pass on to Mr. Ian Duncan Smith

at the DWP,or to Lord David Freud who

is the minister for Welfare Reform At the DWP.

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I certainly will Brig. I had been told that this system is rotten but never believed how bad it is. There does need to be a national campaign to do something about this - I am sure that the medical profession and DWP themselves are sick of this. It was actually the DWP woman I spoke to who told me to appeal as it is the only way they can do something about it

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Not heard of these untill now. I expect they are being given targets to hi, all in the cause of the money god.. The problem with that is absured decisions like this one come about.

 

There was a letter in our local paper, about a year or so ago, when a lady had been disbelieved about her illness by a muppet, probably from the same organisation, despite medical evidence otherwise. A month after the decision she passed away due to that very same illness.

 

What qualifications do these people hold? Only a Doctor should be able to make these kind of assessments.

 

Would definatley bring it to the attention of your MP. Maybe worth finding out when they hold their surgeries and going along to seem them in person.

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This woman was a 'nurse' RN. It does not seemed to be based on proper medical assessment at all. Apparently the majority of claimants 'fail' and have to go through the appeal process, most successfully. It is a farce and a total waste of money and time. Luckily, once you appeal DWP have to continue paying benefit as long as you keep submitting sick notes but appeals can take 6 month to a year to be heard!

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It's not a medical with Atos. The person doing the assessment will be a Health Care Professional - doctor, nurse, physio etc [HCP], who will have undergone the Atos inhouse training for assessment people's abilities. There are unfair results all the time.

 

I think involving your MP is worth trying, as suggested above. You have nothing to lose and they may want to do something about it.

 

My best, HB

Illegitimi non carborundum

 

 

 

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If she is a proper nurse she will be registered with the Nursing council (forget offhand what the name is) and you should check her registration and inform them she is working for Atos, the Nursing council don't like people missing stuff out of medical reports and every complaint is looked at. I used to be able to look up their nursing records and see if they were qualified to work in the areas and if their registration was up to date.

 

It is a disgrace when some people get away with minor illnesses and then others with more serious illnesses get messed about. My nephew is on crutches and has plates in his back after a snowboarding accident a couple of years ago and the Atos lot think he is 'shamming' even though he still goes to Stoke Mandeville for treatment every six weeks! The assessor in his case wasn't even registered with any recognised organisation so was discredited.

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If he has Duptreyns he may possibly have arthritis and Raynauds syndrome as well, they sometimes all appear at different times. Duptreyns means they can't hold things properly especially things like pens... wonder what planet the so called assessor works on.

 

Interesting to note that 75% of the appeals are won.... target driven medicine does nobody any good.

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I am happy to complain to as many people and organisations as I can - I am so angry about this! We were actually in the appointment for one hour and fifty minutes, she has put this on the report but recorded very little of what was actually said or happened! No actual tests were carried out either, unbelievable!

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If she is a proper nurse she will be registered with the Nursing council (forget offhand what the name is) and you should check her registration and inform them she is working for Atos,

 

Nursing and midwifery council? (or would it be GMC - general medical council)

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