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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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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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This post goes hand in hand with another recent post I made re esa.

 

Prior to getting said recent esa50 form I'd had a conversation with a welfare rights chap who came out to my house.

 

After being newly diagnosed with ms I wanted to get some advice on how to keep them (the dwp) in the loop and how best to go about it.

 

I'd already updated the JC (after being called in on a 'wrag' group) and let them know my condition.

The WR guy advised me to write in to esa anyways and update them and suggested that I ask them to move me to support group instead of wrag.

 

Now the only reaction i've had from esa since then is the posted out esa50 form.

I'm not certain that this has happened because I wrote to them or not, though I did specify in the letter that my mental health condition was the same and that the MS was an additional condition and that it wasn't a new claim that I was making.

 

Now I have this esa50 to fill out which ok, at least it will put them fully in the loop (which given the letter i wrote, along with attached note from neurologist re the ms, they should have been anyways!) and at least I can fully clarify all this with them now.

 

My query is this...

Having seen some posts on here regarding moving to 'support group' esa and the probs it can cause re claims I just wanted to ask on here if mentioning the WR guys advice about 'support group' in the letter I send with the esa50 is my best option at this time and is it likely to cause more probs than it solves by mentioning it?

 

I am being treated for hyper tension, anxiety & depression, panic attacks and now ms.

 

The ms makes me feel very fatigued and worn down at times as well as random bouts of muscle spasms, feelings of heat on neck and face and various other symptons too long to note down here and being a recluse anyway and with the added mental health problems i can see why the support group would be a good step for me.

 

I am just wary of 'rocking the boat' as it were as I've read that updating a claim can cause more issues than it solves because of the way dwp handles these things.

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You could have been due another WCA soon anyway as the decision regarding WRAG would be unlikely to be indefinite, or they may have sent it as a result of the informaton you provided....so they may have been sending the waves to rock your boat anyway I'm afraid.....and you are obliged to tell them of every change in your condition so you have done just that....

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...so they may have been sending the waves to rock your boat anyway I'm afraid.....and you are obliged to tell them of every change in your condition so you have done just that....

 

Thanks slatted, it's whether I should push forward for the SG, as the welfare rights guy advised that concerns me though and whether I should include his advice with a letter when I send in the esa50.

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I personally do not think you can state what the Welfare Rights person said as it is unlikely that he is medically trained and therefore his opinion would be irrelevant to ATOS etc (lets face it they have enough trouble taking on board the opinions of GPs and Consultants!).:|

 

I would also think twice before trying to indicate the Group that you think you should be placed within as that decision is to be drawn from the information you provide, and any WCA they believe necessary.

 

In fact I would not want to be seen to be telling them their job as it may have the opposite effect!

 

What I meant in my response is that the decision about the group (i.e WRAG or Support) will be included in the process that is apparently underway, as implied by the new form arriving. The information you supply, of a medical nature, both on the form and in any other evidence (ie. specialist report, GP letter) will determine whether DWP believe you should be placed in the Support group, remain in WRAG or (hopefully not, are fit for work and need to consider claiming JSA!!)....

 

Have you seen the descriptors that apply to eiligibilty into the Support Group? You will need to ensure that whatever you provide in evidence shows how you may fit within these....it is as "simple" as that...:-(.

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:-)

Ok, thanks for that advice. I'll fill the form out and get it sent off to them.

 

Good Luck. Hope you get the result you want and deserve. Don't forget you can always appeal if not..... :-)

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