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    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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    • 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
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Complex Benefit question.


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What Rate of IB does the husband get, they may have been entitled to I.S for many years.

Also how does she know her stamp is up to date?

If she has been claiming IB credits only todate this is the reason why, so the info given to claim was correct....

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DLA and ESA are seperate benefits... You are correct if she is a carer then yes her stamp will be credited, if she wasnt a carer then IB would have credited it instead.

 

If she wants to now she can chose not to pursue her ESA claim, no problem there, and if she is still in receipt of Carers then she will continue to get her stamp.

Her partners claim to IS will also continue on the grounds of his IB..

 

When they call him over to ESA, if she is still claiming Carers Allowance they can if they chose decide to claim I.S in her name, an option if he fails his ESA medical :)

 

I dont they will look at her DLA if she decides not to persue her ESA.....

its two different DMS

Edited by MIKEY DABODEE
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Its up to her really. if she doesnt fill in the form then they will just close the IB and ESA interest on non return of the ESA50..

If she fills in the form but doesnt attend the medical, then it will be the same result

 

If she doesnt want to go ahead with the claim why put herself through it.

But then again she may fill in the form and they may decide straight pass no medical needed, who can say..

 

Maybe hedge the bets, fill in the form, and see what happens, straight fail dont appeal, needs medical dont attend if dont want to, or straight pass then hey presto :)

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Background: The face-to-face WCA and ESA50 form

 

The WCA is used to determine entitlement for ESA, and is conducted by Atos Healthcare on behalf of Jobcentre Plus. As part of the WCA, most people who apply for ESA are required to attend a face-to-face assessment[3]. This is conducted by a Healthcare Professional (HCP), who may be a doctor, nurse, or physiotherapist. It assesses a person’s physical, mental health, cognitive, and intellectual functions.

The face-to-face WCA is guided by information the customer provides on an ESA50 form, which they complete and return to Atos Healthcare before they are called for a face-to-face assessment. The ESA50 form is a questionnaire asking how a person’s health condition and/or disability affects their ability to conduct activites of daily living. It also asks about any medication or treatment they are receiving, and details of their GP and any other professionals providing care.

Upon receipt of the completed ESA50, which is scrutinised by an HCP at Atos Healthcare, further medical evidence may be requested from a customer’s GP, or other treating physician.

A Jobcentre Plus Decision Maker uses a report of the WCA provided by Atos Healthcare to help decide whether a person is entitled to ESA, and if so, whether they should be placed in the ESA Work-Related Activity Group (WRAG) or Support Group. Chapter 1 in the main report of this research provides more detail on the WCA, WFHRA, and ESA claim process. Of all completed initial WCAs (ie, excluding those still in progress or withdrawn before completing assessment, and before taking into account any appeals) to the end of July 2010, 65 per cent were found Fit for Work, 25 per cent were allocated to the WRAG and ten per cent to the Support Group.[4]

 

I think that if the customer doesnt return the ESA50 then it goes no further end of claim unless they show good reason why they didnt return the form in the first place, and if returned then ATOS contacts the GP for more info if needed...

It would be an avoidable expense to write out to a GP for more info iro of a customer when it may not be needed, if for example no form where to be returned in the first place...

I dont process ESA but the above supports this..

 

If for any reasons the DLA was stopped because of the ESA medical then google the result to what happens if it goes to tribunal

its doesnt sit well at all..

There are differenet criterias for claiming both benefits, and the evidence for one cant be used for the other.

The DlA is usually reinstated by the looks of it

Edited by MIKEY DABODEE
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