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    • The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.
    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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GP problem


kronas
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You definately can't change GP's then? I had one that told me my partner (now husband) had to join his practice or we'd be struck off (when in fact the real reason was my refusal to vax my baby, he gets paid lots of money to get them all done you see). I complained to the health authority and they said I could change. I wrote a nice letter to my husband's gp and we are with him now.

He is rather different though, at one point my GP worked for no money, as he refused the PCT's demands to sell patient information without their knowledge.

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Kronas - you are entitled to change GP. Write to your health authority and PCT.

Did you contact the practice manager? If not write to them and copy to the GP and senior partner asking them to clarify in writing whether your GP considers you fit to work or not, tell them if you do not receive a definitive response withi 10 days that you will complain to the GMC, that should get them moving.

It still seems to me that the GP thinks you are swinging the lead, the DWP has no influence over his decision.

Poppynurse :)

 

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Kronas - you are entitled to change GP. Write to your health authority and PCT.

Did you contact the practice manager? If not write to them and copy to the GP and senior partner asking them to clarify in writing whether your GP considers you fit to work or not, tell them if you do not receive a definitive response withi 10 days that you will complain to the GMC, that should get them moving.

It still seems to me that the GP thinks you are swinging the lead, the DWP has no influence over his decision.

 

i think what you have said at the end has made alot of sense, i have been to hospital twice in three weeks due to worsening health, the consultant says he will write to the GP:

 

"I write to GP he will issue sicknote"

 

said the arabic guy

 

whether it happens remains to be seen, the other advice i have been given is to write to the chief executive of the PCT and explain the situation, if he doesent budge after the consultants letter then i will most likely have my consultants backing to be off sick, which i will use against my GP, the whole situation is getting me stressed even more and angry, i have someone from a CAB type team coming from my local hospital on tuesday so will explain the situation to him.

 

also i contacted CLS and they told me to dig around the DWP website about sicknotes, GP's can issue them at their discretion, nowhere it states he has to refuse if the DWP says so, i sniffed around the GMC website and found a document telling me that if i am an in-patient or out-patient of a hospital i can have a sicknote from the consultant treating me.....atleast thats how i read it!

 

:x

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  • 3 weeks later...

update: i made an appointment to see my GP, regarding his view about my consultant saying i should get one, so i made and was prepared for another let down....

 

meanwhile i decided to venture out for once and see if i could spot some bargains out of town, its something to keep my mind off things....

 

while i was there i tripped and fell to the ground, injuring my arm, so i got back on the bus, i was running late for the appointment so i decided to ring them to explain why i was delayed.....on the way there a massive panic attack started....... its something i have got used to, although the experiance is very harrowing!

 

so luckily the GP (my usual one i thought) let me come late via consulatation first with the secratory, at this point i was in very bad shape, mud all over me, panic attack in full flow, so i eventually got in to the GP's room after a kind lady let me go first after seeing me in so much agony that i was reduced in to tears....

 

but wait! it was not my usual GP! it was the second of three at the surgery! so he sees me and thinks wtf is going on, im there ballwing my eyes out, having trouble breathing, tightening of the arms, dysfunctional face...... he treats my shoulder first as i (my mother) told him what had happened, he wrote a note and said get down to the hospital, my mother pointed out to him that this appointment was booked on the basis of a possible issuing of a sicknote as per the hospital consultants recommendation....

 

at this point i was sweating.... he looks through my notes..........." i will write you one" he says!

 

at this point im thinking wtf! for a year i have tried to get one, i even tried this GP before and refused, but he let me!

 

for 3 months!

 

meanwile i spent about three hours at the hospital regarding my shoulder, the best service i have ever had (GP referral = excellent service) two docs saw my arm, and where it hurts etc... got an xray and luckily no break, very sore muscles, i have been told to ring in for a physio appointment this morning!

 

so how do i get a incapacity form ? can i just get one from my jobcentreplus office ?

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Depending on where you live you may be able to claim online

 

Jobcentre Plus - Working Age Benefits Incapacity Benefit

 

Also check CAB for a local welfare rights no - who will give you help if this application has any problems.

 

Good Luck with this and I hope you feel better soon, and things start to llok up for you.

 

Best Wishes

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 month later...

Hi there; I am so sorry about the nightmare you went through. I can appreciate the frustration as I had similar problems with patronising, obstinate GP.

During my search for independent, professional help with sickess and disability benefits, I came across the following website: Benefits and Work

I have now become their member and recommend it strongly. There are public access areas and members areas (£16 pa). Invaluable help.

From what you are saying, it sounds to me that you should be applying for IB and DLA.

Good luck, keep us updated!

[sIGPIC][/sIGPIC]

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Kronas- I am so sorry you are going through all of this. I have been chewed up by the system myself- a failed dss medical, six months waiting for an appeal, trying to get medical backing/evidence for my condition. Hell on earth if you were in perfect health, ten times worse when you are already ill.

 

My advice (from personal experience)-

Your local council social services will have a welfare rights officer. Contact them immediately and get an appointment. I cannot recommend them highly enough. They will help you through this and any other contact with the DSS in the future. If you have been shafted once, you need future help to ensure it doesn't happen again.

 

Phone the local PCT and put in a complaint about the behaviour of your GP. He should have written the sick note- it is up to the DSS whether they accept it or not. It is his job to say if you are unable to work in his opinion.

Thats all. Not to second guess the DSS.

 

Please come back and post, so we know you are ok and how its all going! I still have nightmares about the months I went through in a similar situation.

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right guys thanks all, well i have been plugging away a bit and leaving it to morons at pct and local mental health authorties and got nowhere......

 

so this is my story, a short while ago i made an appointment yet again with the GP to try and get him to atleast look at my case again and talk to him, that day i had to go out, so i had to get up early to make the appointment, not nice when your body says no its own way and medication drags you down, so i went out that day, slipped and fell i was muddy, so i dragged myself up and eventually got on a bus, i realised i was running late for my appointment and rang the surgery and the secratery to tell them what had happened also she said 'i will check with the GP if he will allow you to arrive late' a short while later she says 'your very lucky he has agreed to let you come in late, i gave her an estimated time and she said 'please hurry' i said ok, so i was on the bus and all of a sudden..... i got THAT feeling, i tried to ignore it but when it comes on there is nothing you can do, it was ofcourse the start of a vicious panic attack, at this time my arm was hurting related to the fall and i had to keep quite and subdued, a short while later i rang my mother (dont call me a sissy please) informed her to meet me outside the surgery, i got off the bus and just let it all out bit by bit, i started walking towards the surgery from the bus stop, at this point it feels like im going to die, the tightness and choking in pain, i got outside the surgery, my mother was there and she was suprised as to what was going on, i was muddy and crying etc, i had to explain what was happening/happened/going on.....so i went in with my mother and sat down in the surgery, things were getting worse for me, uncontrollable crying, tightness around the neck chest and throat, aching all over, i couldnt even sit up......luckily a very kind lady who partially knows me allowed me to go in ahead of her....

 

so im helped in by my mother and i walked in....i was confronted by the second GP! so i just sat there and let the attack happen, he was scurrying and asking what was wrong and my mum said 'he gets thes fits' and hes injured his arm in a fall, the pain of the attack and shoulder/neck was getting worse....... he wrote a letter and said go to hospital, my mother mentioned that i needed a sicknote, he had a brief look at my medical record and said 'ok' and wrote one out!

 

when i got better at the hospital and my mum told me i was in disbelief! i got an xray on the shoulder and had a sling on it, luckily nothing was broken but just some minor damage, im seeing a physio regarding it too....

 

but the bad news is the GP has been kicked out of the surgery by my actual GP, i just met the replacement a few days ago, seemed very nice and asked me about my medical history, funny thing was she had that wtf face when i walked in, as she saw my name and said are you ********** i said 'yes its me i am ********* i am a male, i get that all the time' my name is a varation of a female name in spelling.....

 

so i applied for IB but get IS due to not enough NI, i just got written confirmation of my DLA application being accepted....

 

after all that hassle some luck went my way!

 

now i have to worry about sicknotes and obtaining them! and waiting for a letter for a PCA medical :(

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  • 4 months later...
what you gp is saying he cant give you a sick note for same thing

 

big hint they can write one if you get a new condition

so time to get soime back pain

thats a new condition pluss you can add old stuff as well

 

hint nuber 2 i can see all this ilness has made you depresed

 

So basically make up a new problem to continue to claim benefit?

 

Do you wonder why GPs can be cynical and unhelpful about a system that puts them between people manipulating the system and the benefits agency trying to stop them doing so.

 

I sympathise with Kronas' problems, but attitudes like this show why the system exists it the first place. The benefits system is there so those who cannot work get supported, not so people can manipulate money for nothing. I think you ought to get of your arse and go find a job DragonLord. The money is meant for those in NEED not those in WANT.

:D <-- MazzaB, financial warrior! (*with a little help from my [real] flexible friends.......*) Bank ---> :mad:

 

:) Please click on my scales if you find my comments helpful! (or ya think i'm sexy ;))

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