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    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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      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.

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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.

      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.
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      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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Employment support questions?


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Just been told my money is stopping on Dec 10th unless I appeal couple of questions, -if I appeal will I get the same amount of money I am on now -how long roughly does it take to have your appeal heard? -found somewhere on the site that is charging 19;99 and promises to help you with appeal also says ask for a opal hearing, is it worth the money? 7 day money back guarantee thanks

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Hello there and welcome to CAG.

 

I think we may need a bit more information please. Are you on ESA? And why is it being stopped?

 

I'm not sure about paying to have help with your claim, but it's against CAG rules for us to recommend websites. We've helped people with appeals for ESA.

 

Please tell us more.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I am on ESA and I didnt score enough points for it to carry on Woman rang me and asked if anything had changed since my medical I told her I was being treated now for high blood pressure too which she said didn't make any difference as people can work with that suffer depression and anxiety, also constant nausea and see a psychiatrist am on 5 different tablets - told her it was impossible for me to live a normal life feeling sick all the time but she wasn't having it looked on the scoring system and cant see anything about mental health that would apply I told her I would be appealing what do I do next? thanks

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Hello again. That doesn't sound the way it normally works, but I'm no expert.

 

Have you formally appealed against the assessment that didn't score you enough points? If you haven't, you need to submit a GL24 asking for your case to be reconsidered or if that fails, to go to a tribunal. The form is online if you can print it off, otherwise the DWP may have sent you one, or you need to ask for one. You also need a copy of the Atos assessment of you, so you can see what they said about you. It may well have multiple errors in it.

 

There's a forum 'sticky' with my name on it that tells you about the appeals process. Come out of this thread using the back arrow, scroll up to the greeny-yellow section and you'll see the stickies.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I havent received the form telling me how many points yet the woman told me she would send it me out, do I need to ask them for the Atos assessment of me or will they send it me with the appeal form?

Is the GL24 the form in which I write to tell them I am appealing or is that the appeal form in which I should get help to fill in?

 

thanks

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I havent received the form telling me how many points yet, do I need to ask them for the Atos assessment of me or will they send it me with the appeal form?

 

You don't need the Atos report to appeal with the GL24, which you need to do soon. I don't know if the report comes out automatically, I would ask for it to be sure.

 

Someone may well pop up and tell me I've got this wrong :). It's a while since my appeal and I know the system changes from time to time.

 

My best, HB

Illegitimi non carborundum

 

 

 

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HB, you're doing fine :-) You don't need the medical report to appeal, and it's not sent out automatically. It's a good idea to request it, but don't delay sending your GL24 while waiting for it to arrive as you only have one month to lodge the appeal. You should include as much information as you can in your GL24 about why you think the decision is wrong. Before the Jobcentre submits your appeal to the Tribunal, it will be reviewed by a Decision Maker to see if the decision can be changed in your favour. If it can, you'll be placed in the appropriate group for your condition and the appeal won't go ahead.

 

If, as is more likely, sadly, the decision cannot be changed, the Jobcentre will forward your appeal to the Tribunal who will contact you about what happens next. Because you are appealing against the medical result, you can continue to receive benefit at the assessment phase rate provided you continue to submit medical certificates and meet the general conditions of entitlement for ESA.

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I am assuming that a need a doctors note?am i sunk without one?

 

Is it best to get professional advice from someone about filling it in? do I need to include the sick note with the GL24?

 

thanks

 

You need to send medical certificates to continue receiving the benefit while you're waiting for the appeal to be heard. Just send them as you have been doing up to now. You don't need to send one with the GL24 nor to the Tribunal.

 

Whether or not you want help with the form is really a personal decision. You may be able to get some advice from your local CAB, and some councils have welfare rights advisers who offer free advice. I second Honeybee's advice to check out the sticky threads on the main page of this forum.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I have never had to produce a sick note

 

This is puzzling. You would normally need to cover every day of your ESA claim with a note from your GP or specialist. Did you send one at the start of your claim?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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This is puzzling. You would normally need to cover every day of your ESA claim with a note from your GP or specialist. Did you send one at the start of your claim?

 

Yeah a long time ago, I just have to hope I get one, If I was swinging the lead I could understand some cynicism but I'm not, I guess its down to whether he agrees that I'm ill

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