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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
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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.

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      Many thanks 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Interview Under Caution


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His skin condition is visible and he could wear clothing that would make it even more so. We have a further meeting with the solicitor on tuesday so I am going to ask him them what his thoughts are on this as it seems very strange when I have looked at other posts by other people there has been evidence of some sort or other.

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Some people are incredibly spiteful and vindictive. Personally, I tell no-one irl that I am on any benefits at all, don't trust anyone in case they get jealous and decide I shouldn't be and cause trouble. Keep schtum I would. Hope it all goes ok charliesgranny, sounds like it will thankfully.

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Hi all, can I ask another question? If they decide to suspend his dla on thursday what will happen with the car? He will be unable to get to work if they take that away as its 2 hours by public transport each way and he will be unable to walk by the time he gets there if he has been travelling that long. Our gp wanted to go straight on the sick but he is still going into work at the min.

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Hi all, can I ask another question? If they decide to suspend his dla on thursday what will happen with the car? He will be unable to get to work if they take that away as its 2 hours by public transport each way and he will be unable to walk by the time he gets there if he has been travelling that long. Our gp wanted to go straight on the sick but he is still going into work at the min.

 

Hi,

 

If DLA is suspended (specifically the HRM component, or both components), then unfortunately the car will go too, but not necessarily straight away. There will be a grace period of anything between a couple of weeks to a couple of months. During this period, no further overpayment should be incurred - Motability themselves incur the financial loss of providing the car beyond DLA suspension, and not the DWP. If your son joined the Motability scheme at any time in the future, he'd likely owe them a bit of money (£50.00 for every week that his car was kept beyond his DLA suspension) to be repaid before they'd provide another car. However, if he doesn't (or can't) rejoin the scheme, Motability won't actually chase him for this money.

 

It's entirely possible that DLA could be suspended, but reinstated so quickly that the car doesn't even go.

 

It's also possible that the car goes, but comes back upon successful DLA reinstatement.

 

It's also possible that DLA isn't suspended at all, and this would of course be the best outcome :)

 

In any case, it is unfortunately entirely possible that your son will lose his car. Hopefully it won't come to that, but he should be prepared for its loss in the near-ish future, as a worst case scenario.

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Just to add as well - not that it actually makes much difference - if the car is taken, it will be collected by Motability themselves, rather than the DWP. They're not there to judge as to the circumstances under which entitlement to the car has been lost, they're just there to collect the car. It should be a very civil affair, and your son will be notified of an appointment well in advance.

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Thankyou for your reply I have shown him this so he is prepared if it comes to this.

 

I know someone whose car was taken 3 months to the day after suspension. They were given about 2 1/2 months' notice, and also had the option of returning the car themselves as soon as they wanted (they didn't). The Motability representative who came to collect the car was very sympathetic, not that it helped much...!

 

In this instance, the car was taken before a decison was made as to whether or not DLA was to continue, or completely stop. As it happens, their DLA was completely stopped, so the car didn't come back, but if the decision had been favourable, the car could have come back within a couple of weeks of its collection, as this is when their DLA decision was made. Presumably it wouldn't have been the same car, it probably would have been a new lease agreement, but I don't know, since it didn't turn out that way...

 

Officially, they owe Motability about £650, but this is only payable if they ever lease a car from Motability in the future. Also, they got part of their deposit back (it was quite a fancy car, so they'd had to pay several hundred upfront for it).

 

I've also read online about people who have been given much less notice than this, and their cars have been taken within a couple of weeks of suspension, so there doesn't seem to be any hard and fast rule.

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He has read your reply so he will be prepared for what will be. He has to go back to see the gp on tuesday and also the solicitor but even though he has always been a very timid person I have never seen him in the state he is in at the min so the gp is going to give him something to help keep him calm during the interview.

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He has read your reply so he will be prepared for what will be. He has to go back to see the gp on tuesday and also the solicitor but even though he has always been a very timid person I have never seen him in the state he is in at the min so the gp is going to give him something to help keep him calm during the interview.

 

 

That's a good idea. I'm a complete wooss with all things like this & took a couple of diazapam before my IUC. I go to pieces with doctors appointments & dentists let alone something like this. Those 2 pills made all the difference. Haven't taken any since, that was over a year ago, they literally are a quick fix. I wonder if they will give him something like that.

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That's a good idea. I'm a complete wooss with all things like this & took a couple of diazapam before my IUC. I go to pieces with doctors appointments & dentists let alone something like this. Those 2 pills made all the difference. Haven't taken any since, that was over a year ago, they literally are a quick fix. I wonder if they will give him something like that.

 

Hi, he has seen the doctor and he has given him tablets to help get through thursday he also offered diazapam just for thursday so this should help. Its a disgrace that so many people are put through this kind of thing and the stress makes their conditions worse.

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Well just got back from solicitors and they are still saying they have no evidence so its just waiting till thursday now, I will let you all know how it goes and once again thankyou all for the good wishes

 

I take it the solicitor will be able to charge more if they attend the IUC then? :x

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Well interview over, some kind person who works with him has said he walks from his car to the office door without pain and they even provided a short video recording of him walking the 10metres. The ladies who conducted the interview said that he cannot be disabled when he has such a good work record and does not take time off, as if he suffered pain he would need to be on the sick all the time. They have said it will be up to three months before he finds out what they intend to do and that they would be looking at an extremly large amount of money if they decide to claim it back from him. Now I don`t know if this is just to try and scare him thinking that they want vast amounts off him but telling him he cant be disabled because he doesnt take time off work is out of order. I have sent an email to our mp as reccommended by DIAL and Disability Alliance. So I suppose we will have to see what happens next.

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OMG thats appalling imo. And what a nasty bitter little piece of work this person sounds who reported him.

 

Now I don`t know if this is just to try and scare him thinking that they want vast amounts off him but telling him he cant be disabled because he doesnt take time off work is out of order. I have sent an email to our mp as reccommended by DIAL and Disability Alliance. So I suppose we will have to see what happens next.

 

Exactly. Complain to everyone you can get your hands on and keep complaining. This is outrageous.

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There's no law saying that in order to get HRM DLA, you can't walk at all. Videos don't show pain or discomfort.

 

but telling him he cant be disabled because he doesnt take time off work is out of order.

 

It makes no sense to me at all. My dad is classed as disabled, yet, aside from his ex-boss telling him not to come in until his GP says so, he's never had time off for disability related stuff.

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Well this person obviously thinks they know more than gp`s and specialists do who all provided letters for today. Also his managers at work had provided statments but this one person has caused so much stress and can remain anonymous

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He does not use aids as due to his hand deformaties he cannot hold them but, there rails which he leans on and this is shown on the video. I am so angry as there is not one person in that office who want to swap places with him and take the pain he suffers day after day.

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Well this person obviously thinks they know more than gp`s and specialists do who all provided letters for today. Also his managers at work had provided statments but this one person has caused so much stress and can remain anonymous

 

As I said thats disgusting. I mean what kind of nasty bitter little sod does something like this eh? Also due to the climate of hate this governments whipping up is it any wonder some disabled people get, well I would call it attacked really.

 

And yes, they're rather listen to one anonymous sod then as you say his GP and other co workers. I hope this bastard rots in hell for all the distress they've caused.

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what a nasty piece of work that person is, it's all about jealousy, they are small minded people out there, it's probably because he has a nice car, and people think it's free when it's not you give up your mobility part of the DLA, I don't think a lot of people know that. It's a pity you can't find out who it is, and ask them to walk a week in your sons shoes, with the pain and everything that goes with it. It makes my blood boil. I hope everything works out for your son, and wish him all the best.

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