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    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
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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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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is this against human rights????


Gemini115
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I am fighting an ESA appeal for my son at the moment and if this law was brought in he would be in receipt of no money at all because his issues would stop him from being able to visit the JC, nevermind interact with people he has never met before, so where in essence Flumps your post covers what may happen and be viable for some there are others that it will totally disregard.

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Now why am I not surprised to hear that?

 

I'm not surprised either. Just unhappy that the adviser (I don't normally sign on with her, thankfully) just said "oh look, I've just found some jobs" - but how many were suitable? I know when I've looked, I've come across jobs in Leeds, Glasgow and Manchester. I live in Plymouth.

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What next ?

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

Well we know Article 8 is on their list.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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They're just trying to stop people appealing with how many they lose. I thought when working out benefits etc the govt uses figures what is the minimum required to live

£100 per week I think. So if your appealing your getting 0 and should be entitled to it from another benefit or they are breaking their own rules. What next to apply for benefits you have to ring £1 a minute phone numbers.

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I took a similar path and have been on JSA. Been OK so far not pressured into any heavy lifting jobs which I can't do as yet. Although they do try sending you for jobs 15/20 miles away.Face to face a lot of the advisers are ok its the idiots on the phone when you first apply

If you do end up in a situation where you fail the medical and are faced with either an appeal or claiming JSA, you are perfectly entitled to set up a Job Seeking Agreement which is very restrictive and I have seen tem where people have been in this exact situation that state they are only available to work 16 hours per week and only have to do very basic job search for one type of vacancy which the person would feel comfortable looking for. One that I recall was 16 hours per week with a maximum of 4 hours in each day Monday to Friday (yes before anyone says that adds up to 20 hours the client is still only looking for 16 hours in a working week) and they will seek that type of vacancy by using a local paper on the jobs page night. They are not required to apply for a minimum number of jobs or use internet or visit/telephone employers on speculative approaches etc. Also the LMS system shows their health restrictions e.g arm/shoulder injoury cann lift or work at a repetitive action.

Maybe we just have a couple of the decent advisers who follow the guidance that is available.

 

Obviously if someone is not affected by a health condition and is looking for work then they are required to be actively seeking and available under the normal condiotionality for claiming JSA but there are exemptions.

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As I suspected that article was/is an absolute steaming pile of horse manure!

 

Exchange on reform bill and article here

 

http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/111018-gc0001.htm#11101863000095

 

The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): My Lords, the amendment is slightly different from the question posed, and I shall deal with the question posed. The changes to the current appeal system are being taken forward in this Bill, as expressed in Clauses 99 and 100, so we will have an opportunity to discuss those in that consideration. We are, in those clauses, looking to introduce a period of reconsideration, or a reconsideration process, prior to a full appeal. We can have further discussion at that

 

18 Oct 2011 : Column GC53

 

point, but regardless of what an article in a newspaper might say, clearly the practical difference, if one was to be extended in the way described, is purely a difference of conditionality, because as the noble Lord, Lord McKenzie, pointed out, the actual payment rate of the assessment phase of ESA is the same as JSA. That article has put out a lot of misinformation.

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Because they want to pass the buck for the mess they're

in now. All caused by the banks of course, and yet It's only the poorest people

in our society that end up suffering for because of it.

 

 

QUOTE]

 

Ummm sorry, you are wrong there! The major problem this country faced was the question of borrowing too much by society.

 

What was it - a trillion £'s in debt in 2006 owed by all of us.

 

Money was too easy to get hold of - that is what the banks were guilty of!

 

And who borrowed the most when compared to a % of their own net worth? Those on low incomes and benefits!

If you don't believe me, just check out the Insolvency Services' website!

 

So those that over stretched themselves are now having to pay the price.

They may have 'dumped' their debts in a bankruptcy, but they still left somebody that they owed the money to - the banks!

 

So don't push the blame on the government or the banks, the real culprits are those that took out 125% mortgages, those that ran up credit card debt that they could never have a hope in hell repaying.

 

Those on a low wage wanted to have a taste of what life was like for those that could properly afford it!

Quiter rightly they are now reaping the consequences of their actions

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When IB existed and you were appealing, you either had to claim reduced IS or JSA.

 

Quiter rightly they are now reaping the consequences of their actions

 

Only disabled people did this? Don't make me laugh... We're the ones paying for all the mistakes, meanwhile people are getting away with paying little or no tax. Fair?

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Maybe if people got paid a decent wage, instead of the pittance that the minimum wage is, they would not have to have lived on borrowed credit.

 

The Country was more than happy to throw money at people - just as the banks and leading companies were happy to pay massive bonuses to already over paid staff.

 

I mean why just have 1 house, when you can own 3 or 4, why take 1 holiday, have several.

 

How easy it is to blame the lowly paid worker for the mess we are in, because they cannot answer back can they.

 

Mary.

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How easy it is to blame the lowly paid worker for the mess we are in, because they cannot answer back can they.

 

Mary.

 

Its even easier to make the disabled pay, as once they've done with IB & ESA they're planning to cut the DLA and Attendance Alowance bill by 20% without touching those over retirement age, the only way to do that is by throwing a quater of those under this age off it. Including children and older disabled who will be denied their independance and the ability to work.

 

But that's alright as they won't be rioting, they won't even be able to get to demonstartions if you remove their means of getting about. It should help fund the scrapping of the high rate tax aswell. Win win.

 

Scrap the human rights act and you'll get no comeback, even better.

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I thought children's DLA was being included. By older disabled I meant those from 16 to 60. By removing DLA from 16 to 60 year olds, those that are in work will no longer be able to, and those out of work will lose their Independence and be denied the chance to work. If they are leaving DLA for children and Pensioners, and still mean to cut 20% then even more 16 to 60 will lose out.

 

I thought Thatcher was bad, but compared to this lot she was Mother Teresa. It looks like they plan to destroy the welfare state and NHS.

 

We definatly did not cause it as mentioned above, I haven't had a holiday since 1976, but you can't tell me that we are not being targeted to pay for it.

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Ummm sorry, you are wrong there! The major problem this country faced was the question of borrowing too much by society.

 

What was it - a trillion £'s in debt in 2006 owed by all of us.

 

Money was too easy to get hold of - that is what the banks were guilty of!

 

And who borrowed the most when compared to a % of their own net worth? Those on low incomes and benefits!

If you don't believe me, just check out the Insolvency Services' website!

 

So those that over stretched themselves are now having to pay the price.

They may have 'dumped' their debts in a bankruptcy, but they still left somebody that they owed the money to - the banks!

 

So don't push the blame on the government or the banks, the real culprits are those that took out 125% mortgages, those that ran up credit card debt that they could never have a hope in hell repaying.

 

Those on a low wage wanted to have a taste of what life was like for those that could properly afford it!

Quiter rightly they are now reaping the consequences of their actions

 

 

Oh go away you silly little man and take you're ignorant opinions elsewhere...

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Come the end of this month the reduced travel for OAP is being scrapped, so whereas they could enjoy a day away for half price this is being denied them.

 

Many bus companies say they rely on this in the winter months to keep them a float.

 

So even if you have worked all your life paid your dues, come retirement there is nothing down for you.

 

I agree with the poster who said this lot are worse than Maggie.

Look after number 1 and to h*ll with those who are not self sufficient and wealthy.

 

Mary

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Been battling Nat Express for one, for a while now, also M.P. they made in excess of 42 Million profit I believe & are being told that allowance will be below 20 million in government monies due to cover OAP discounts, so after getting quote fare to heathrow airport in Dec & return early next year, OAP 41.50 (incl disabled fare) normal under 60!s apex fare 40.50 icl booking fee, when asked all you get is government fault subsidy lowered or nil BUT OAP/Diabled can say they are 59 and go by apex fare, work it out for yourself, still awaiting another response from them that may be different to the reapts I get from them.

:mad2::-x:jaw::sad:
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The original poster has not been back since starting this thread which has since gone off topic and become a breeding ground for arguments. This is not what the benefit forum is for; it is here to provide information about benefit entitlement. Thread closed.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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