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    • @tobyjugg2 If you go back through this thread, there was speculation towards end of April that Sunak was looking at GE for end of June or early July. And that the GE would be announced after end of May Bank Holiday. I think many connected  to Tory party will have known about possible plans for a July election. My local Tory party had election leaflets through doors a few days after the PM's announcement. So this indicates that they were ready. There were articles in newspapers including The Guardian saying they had heard about July election. And you linked to a online article months ago saying Tories would lose to a Labour landslide where polls at the time were quite simular to current polls. So the polling has not changed as the mood of the country has not changed.  Some think Sunak will be first PM to lose their own seat.
    • More great news although that Boris the crooked liar can still garner that many votes does give even putin apologist frightened farage some hope in a seat somewhere, anywhere across the country - even if he never intends to be there eh?  
    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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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.
      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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Placed in WRAG for ESA - ESA50 Ignored & ESA113 Not Incorrectly Filled by GP


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I applied for ESA and have been placed in the Work Related Activity Group (WRAG). I am registered disabled and revieve the highest component of Care and Mobility for DLA.

 

The reason for my disability is I had a badly compressed disk in my neck resulting in loss of feeling/use of my left leg. I also suffer loss of feeling, strength, pins and needles and constant severe pain from my neck radiating down my right arm to my finger tips. Since my ACDF operation in January this year, I now also have similar problems with my left forearm/hand.

 

Due to the length of time the disc was compressed, the surgeon explained the procedure would be viewed as a success if it stops the symptoms getting worse.

 

When applying I filled out form ESA50 and for Part 1 point 1 I ticked NO for the moving 50 metre questiona and NO for the 200 metre question explaining the issues facing the loss of use of my left leg and having to struggle to mobilise on two crutches. I also answered NO for the question relating to Going up or down stairs.

 

I was somewhat surprised to not on the ESA85A Medical Report Form states they used evidence from ESA50, Med 3, 113 and FRR4 forms.

 

Under Justification for Advice, it states "The available evendence does not suggest that the client has severely restricted musculo-skeletal or cardio-respiratory function such that they would be unable to mobilise more than 50 metres, or transfer between two seats without assistance from another person."

 

I was never called for a medical assessment by ATOS Healthcare which confused me as I'm sure, had they had the opportunity to see how restrictive my mobility is they would not have put this as a reason to deny me the Support Group catagorisation I'm sure I should be in.

 

I made Subject Access Requests from the DWP and my GP and had the opportunity to see the ESA113 form my GP filled out. Despite visiting him several times and seeing the numerous letters from my hospital appointments my GP left section 4 completely blank and left the most importact issues relating to my physical health off of Conditions and Dates of Diagnosis part of the form.

 

Could this be the reason why the information given on ESA50 were ignored?

 

I have also seen the following as part of my SAR from the DWP under document LT54 'WCA Allowance + WRAG':

 

"The Decision Maker has also considered limited capability for work related activity. Having considered the available evidence the Decision Maker has decided that by reason of his physical condition none of the descriptors set out in schedule 3 of the ESA regs apply to Mr XXXXX XXXXXXX."

 

Is it possible my GP's lack of information could prevented me being called for assessment and/or put into the incorrect group?

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When applying I filled out form ESA50 and for Part 1 point 1 I ticked NO for the moving 50 metre questiona and NO for the 200 metre question explaining the issues facing the loss of use of my left leg and having to struggle to mobilise on two crutches.

 

Can you use a wheelchair? They'd argue if you can't use crutches, you use something like a walking frame or a wheelchair.

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it could be one of the factors yes but then again it could just be what the ATOS medical person has sent over in there report and what they have stated in it.

 

it could be a factor of few things however this is conmen when it comes to making a decision even though a lot of things are based on evidence provided they have to also make a decision on when they feel you might get better and might be able to return to work sounds silly i know but this is what they normally do.

 

you can always appeal against the decision and then get a reconsideration of the original decision if you do this make sure you seed in as much evidence for your appeal even the bits you think you GP may have missed out. you can also put to then why you think the decision to place you in the WRAG group and not the SG is wrong and how you feel your condition meets those descriptions

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osdset - I have requested my family are moved to a different GP's list.

 

That said the GP has tried to make amends. I understand this was sent to the local BC yesterday:

 

"As advised by ATOS Healthcare, I would be grateful if you would takethis supplementary and additional information into account regarding this man’srecent Work Capability Assessment Outcome Notification (enclosed).

I am writing to point out that there are some additional items to the ATOSform that I completed on ?? January 2013 for Mr xxxxxxxx (original copy of formattached) namely clarification of items that appear not to have been given thecorrect weight by ATOS. I am not anoccupational specialist, and I am unable to do full functionalassessments. However, it would seem tome that this man’s low back pain that is complex and been managed by theChronic Pain Clinic over a long period of time makes his mobility much reducedand this needs to be considered as a greater handicap than is perhaps currentlythe case.

Shortly after I completed the form, this gentleman had an operation onhis cervical spine due to disc prolapses and required a complicated operationby the neurosurgeon at @*^4£ C&%£2@\ Hospital. Recovery from this operation of ?? January this year has not been easyand the surgeons themselves describe it as a stormy recovery. This also makes for much reduced mobility andwasn’t mentioned at all in my report dated 28 January 2013.

Recovery from this process is classically a many months’ process and itis not clear that a full recovery is expected.

I hope this helps to improve your understanding of this man’sdisabilities. I am sorry for not havingbeen able to give you a fuller functional assessment at the time. I certainly missed the degree to which theneck was a problem, but we have now got surgeon’s letters from King’s Collegewith their opinions and assessments."

I wonder if this will make a difference?

Nystagmite - I have tried using a manual wheelchair and struggle due to loss of strength and grip in my hands. Physically getting along is almost impossible.

Nitelite - Thanks for the heads up.

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