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    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
    • I've now chopped the original statement as attached. I haven't included 'the law' as I assumed that was fully covered in my skeleton arguement, which I also assumed would be a supporting document in my bundle. Or should the two be merged? 22Jun24 anonymised completed WX statement @ 1843.pdf
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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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Hi everyone :-)

 

A few days ago a message has come up on Jobcentre plus stating that Universal Jobmatch is coming on the 19th of November, but what is this about? does it mean that if you apply for the job does Jobcentre get notify of it?

 

Just a bit confused over this and what does it involve. :???:

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At Taunton JC they appear to be telling claimants unless they've got a computer. internet and an account with UJ then they can't get JSA. There's a copy of that JC's advice to a claimant about it floating around Twitter this evening, only been on there about an hour or so.

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I'm confused about this, too - I signed on tuesday, and it wasn't mentioned to me at all.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Literally just back from the JCP office, i wasn't handed a form, but was asked if i'd like to participate in the new site being launched on Monday, being a glutton for punishment, i agreed and had to put my email address on a sticker on my JSA file the JC keep my signing form in. No discussion on weather it was mandatory as i was foolish enough to help the JC out with a wrongly categorized job on their system...¬¬ Anyhoo, i can't wait to see it crash and burn, according to Flumps (whoops not Fluffy) in another thread, this hasn't been tested in JCP offices at all

 

[EDIT] and when i say "sticker" i mean a label with "Email:.............." thats it, no other words on it.

 

[EDIT 2] Just to clarify, Universal Jobmatch requires you to sign up to the site to hunt for jobs. It's been developed my Monster ( ¬¬ ) and will track the jobs you've applied for and will be visible to DWP staff (apparently) though how they will do this is anyone's guess. Still no clarification as to weather it's manditory, FOI requests have been denied as guidelines haven't been published. Wish i could post links lol, theres a full FAQ on the Gov website

Edited by Salixne
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Yeah, i've read the stuff on the website, I just can't tell if it's mandatory. Suppose i'll just have to wait and see what they suprise me with. i've got no problem with it as long as it actually works!

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Universal Job Match is to replace the current LMS (Labour Market System) that is available via gov.uk, jobseeker direct and the job points.

Eventually all jobseekers will be required to have a universal jobmatch account as part of their claim.

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Hello Everyone,

 

I attended a local JCP today and was told that I would be sanctioned if I did not participate. I have only recently started claiming and signed twice. Also mentioned that I would have to give them access or print out all the data from the site to show them. Was also told from next year you would be expected to job hunt for 35 hours a week.

 

Personally I don't think there is any need for this. The direct.gov was redone under Gordon brown I'm sure and I think the current job site would go down better with a few more tweaks.

 

What needs looked at is the stupid job points that think the other end of the country is local:S

 

To answer Surfer01's question if you use the same password as your email address then any website owner can access your emails if they wanted to.

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The passwor you have to have on your universal jobmatch account is unusual to say the least, it has to have letters and numbers in it and I think (it has been a few weeks since my pc based training) and quite possibly a symbol or two!

This is all part of the customer actively showing what job search has been completed as per the contract (Job seekers agreement) and working toward the whole actively seeking for 35 hours per week!

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I seem to remember that under universal credit, the amount of hours work you're looking for, (so, as a disabled person, I can only do between 16 & 25 hours per week) you must job hunt for that amount of time per week. Is this anything to do with the stuff to do with the job match?

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I've probably missed a huge segment of conversation somewhere, so forgive me for asking...how in god's name do you prove you've been looking for Work for 35 hours a week? I've just totted it up in my head, and i'd say I spent 20-22 hours last week, if you leave out the hour and a half signing on. I can't think of anything else that I could have done!

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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I do a tailored cv for each job, I actually go into the agencies rather than ring them, I try to get to at least 2 or 3 potential employers a week to drop in cv's (i'd go to more, but it gets expensive on the bus fair front). would doing free online courses count? researching interview techniques? I could probably bump it up by another couple of hours if I tacked things like that on.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Sounds like the whole point of this is to give people impossible tasks to do so as to kick them off benefits when they can't do them. No doubt it will crash and burn when like every government IT project ever the entire system is proven to be impractical. Not been tested on the JC offices then, eh? My my... anyway, what's their justification for the hours in front of it? Surely, if it's automated, then once you program it with your CV it should send you alerts when it finds compatible work. Why are claimants being asked to sit in front of it? How can they do that if they've got pay as you go phone web access? What if there's no internet where you live, not even in the library if there's one left after the cuts? Why aren't Labour screaming about this? I can't see how they can begin to justify forcing this system on people when clearly it's not accessible to many, many claimants. If they did it properly it could be useful assuming non-IT-literate employers can put jobs on it easily. Aspects could indeed be useful but not the way they're doing it.

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The exact details about the 35 hours per week job search haven't been released but it is a waiting game, it all falls in with universal job match and universal credit.

The universal jobmatch will log activities that you take for jobseeking and it will be for the customer to prove what they have done not just be able to say I've searched onine used the local papers phonied agencies etc, and with the new universal jobmatch it will show if you have met every step ofyour jobseekers agreement so if you are required to complete certain activities (contact agencies daily, search universal job match daily, contact 3 employers per week and search local papers on job supplement day) but you miss one element (e.g you contact one employer) then it has to be an automatic referral to DMA the signing team or advisers are not allowed any discretion :!:

I don't recall saying the 35 hours is in place now only that it is due to be implemented at some point in the future and this is all in preparation for it. Unfortunately I don't write the legislation sorry :(

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The exact details about the 35 hours per week job search haven't been released but it is a waiting game, it all falls in with universal job match and universal credit.

The universal jobmatch will log activities that you take for jobseeking and it will be for the customer to prove what they have done not just be able to say I've searched onine used the local papers phonied agencies etc, and with the new universal jobmatch it will show if you have met every step ofyour jobseekers agreement so if you are required to complete certain activities (contact agencies daily, search universal job match daily, contact 3 employers per week and search local papers on job supplement day) but you miss one element (e.g you contact one employer) then it has to be an automatic referral to DMA the signing team or advisers are not allowed any discretion :!:

I don't recall saying the 35 hours is in place now only that it is due to be implemented at some point in the future and this is all in preparation for it. Unfortunately I don't write the legislation sorry :(

 

This will go well.

 

Edit: Sorry, phrasing from another forum I frequent. What I mean is, um, this is a disaster waiting to happen.

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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Pretty much everything is on the Consent.me.uk site

 

I'm still confused as to weather it is manditory for all JSA claimants to sign up

 

http://johnnyvoid.wordpress.com/2012/11/15/universal-jobmatch-the-brutal-farce-at-the-dwp-continues/

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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It is mandatory yet as the system hasn't rolled out but I would say that bu next year all new claim will have to sign up by tyeir duagnostic appointment or they will receive a direction to do it and then existing claims will be required to sign up by an agreed date again if it isn't done by that date then a direction will be issued so yes it will become mandatory as part of the conditions for claim JSA.

 

The Jobseekers Agreement has been revised to include the new Universal Jobmatch from this month so the Job Seekers Agreement that is updated will include the Universal Jobmatch.

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It looks very much to me like the government are trying to subvert the data protection act, revenge for claimants refusing to sign data waivers.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Again, if it works I'm ok with it, but the logistics are puzzling me. if we're not working by the end of this month. Our internet is gone, can't afford it. I live in a town that has a library with 12 pc's and a jcp that has 2. there are 1092 unemployed people in the town. I can't see how it's going to Work.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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It's not going to work which is the whole point of the exercise, to force claimants off the dole by limiting their ability to comply. Who on benefits can afford internet cafe's? Even at £0.50 per hour that works out to £17.50 per week to meet the 35 hour jobsearch criteria.

 

Libraries wont cope, nor will JCP, I expect things to get even worse if they manage to roll out UC as all claims will be internet based. IDS is hell bent on crushing the welfare state, he has taken a swipe at every benefit on the books, even if someone does manage to claim ESA or JSA after finding the extra cash for internet connectivity, and paying the council tax shortfall there won't be enough to live on anyway.

Edited by osdset

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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