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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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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.

      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.

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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.
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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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Since you're the first person I've seen on the forum who has applied for PIP, I doubt anyone can answer your question.

 

If you would like to help those that follow you could post more information about how you claimed and how the assessment was carried out etc.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes, if you have time, it would be helpful to know about the process - in particular, what was involved in the assessment, and which company carried it out?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Yes, if you have time, it would be helpful to know about the process - in particular, what was involved in the assessment, and which company carried it out?

 

Yes I think everyone will be interested to hear from one of the 'first'. I presume that they are working strictly to the mobilising no more than 20 metres rule as well?

 

I can't see this or any future government going soft on what has already been decided on how PIP will be run. I just wish that the government would be honest and up front and once and for all admit that one of the reasons that PIP has been brought in is to cut down on the number of awardees and consequently the amount of money being paid out. This must be one of the biggest know secrets around.

 

Slightly off the subject, and having done a self assessment of the PIP descriptors, I will go from DLA - HRM & MRC to zilch under PIP!!

It doesn't change how difficult life is it just makes me feel better that I will be formally told that I am not as disabled as I thought I was!

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Yes I think everyone will be interested to hear from one of the 'first'. I presume that they are working strictly to the mobilising no more than 20 metres rule as well?

 

I can't see this or any future government going soft on what has already been decided on how PIP will be run. I just wish that the government would be honest and up front and once and for all admit that one of the reasons that PIP has been brought in is to cut down on the number of awardees and consequently the amount of money being paid out. This must be one of the biggest know secrets around.

 

Slightly off the subject, and having done a self assessment of the PIP descriptors, I will go from DLA - HRM & MRC to zilch under PIP!!

It doesn't change how difficult life is it just makes me feel better that I will be formally told that I am not as disabled as I thought I was!

 

Well I sent forms off on 24th April and to be honest was pleased to get an assesment of someone as I have applied for dla and been refused on many occasions I have an appeal in two weeks for that but that's another story . I applied again as I need a hip replacement and have been told I can have a one . They atos guy who gave the assesment was really ok and seemed to be sympathetic to me but lord knows what he put in the report . He just asked the questions on the forms like can you prepare a meal how far can you walk etc and the examination was about 30 seconds to be honest he could see I was in agony and he said that at the time all I had to do was lie on a bed and try to raise one leg the.n the other . Just would like a decision!

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Well I sent forms off on 24th April and to be honest was pleased to get an assesment of someone as I have applied for dla and been refused on many occasions I have an appeal in two weeks for that but that's another story . I applied again as I need a hip replacement and have been told I can have a one . They atos guy who gave the assesment was really ok and seemed to be sympathetic to me but lord knows what he put in the report . He just asked the questions on the forms like can you prepare a meal how far can you walk etc and the examination was about 30 seconds to be honest he could see I was in agony and he said that at the time all I had to do was lie on a bed and try to raise one leg the.n the other . Just would like a decision!

 

Hmmm, sounds disturbingly familiar. Please keep in touch with the result, and good luck for your dla appeal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hmmm, sounds disturbingly familiar. Please keep in touch with the result, and good luck for your dla appeal.

 

So not unusual how many weeks should it take ? I have a feeling they are awaiting the appeal decision first which I think will be upheld as I have sent in no further evidence as I have none !

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Hmmm, sounds disturbingly familiar. Please keep in touch with the result, and good luck for your dla appeal.

 

Yes it does - not too many miles away from how the ESA assessments are being run.

I would point out to the OP that it doesn't matter (as with ESA) how disabled you are, how ill you are, how difficult you find the simple things in life are - if you don't tick the boxes (the descriptors) you will fail PIP.

You could say that it levels the playing field over DLA where an award was given based on how good the GP was at supporting the claimant and how good the advice and help was in completing the form. PIP is much more clinical.

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No-one can tell you how long it'll take.

 

Yes, this is true. While we usually prefer to offer advice where possible, PIP is so new that we don't really have any basis for said advice. I hope the OP will let us know how it goes so we can let future claimants know.

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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just rang dwp and they have not recieved any information from atos. i rang atos who said it was being taken care of and would be sent to them when all checks had been made ? dont think she had a clue really .

 

Doesn't surprise me in the least - I had an assessor (doctor actually) removed by ATOS from their panel owing to gross incompetence, not even knowing that Lithium was used for mental health treatment!

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  • 2 weeks later...

I'm just taking an educated guess but I think you will be paid DLA from your original claim date to whenever a decision is made on your PIP claim, and then the PIP claim will take over since I think DWP will say that assessment should supersede the DLA win.

 

Depending on how long ago you made your DLA claim you should be in for a chunk of back pay though.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:not so goldengirl:

 

Yep, entitlement to disability living (by a decision maker or a tribunal panel) ends once there's a determination about entitlement to personal independence payment. Reg 17 of;

 

http://www.legislation.gov.uk/uksi/2013/387/made

 

Where there's a decision about personal independence payment, before an appeal hearing for disability living, the tribunal panel will only consider the period between the application for disability living and the decision about personal independence payment.

 

Margaret.

Edited by **Margaret**
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:not so golden girl:

 

Yep, entitlement to disability living (by a decision maker or a tribunal panel) ends once there's a determination about entitlement to personal independence payment. Reg 17 of;

 

http://www.legislation.gov.uk/uksi/2013/387/made

 

Where there's a decision about personal independence payment, before an appeal hearing for disability living, the tribunal panel will only consider the period between the application for disability living and the decision about personal independence payment.

 

Margaret.[/quote

So am I right in thinking if I get paid from the dla up untiltoday and then pip decide no I am not allowed I get money taken back off my from when I first applied for pip? ]

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no, you won't get any money taken back, the dla decision will apply until the PIP decision is made - so no overpayment, don't worry on that front.

 

Well on Monday I phoned pip who put a stop on the claim as they said as I had been awarded at court the pip claim would no longer be eligible ?? Not heard from dwp yet

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  • 2 weeks later...
Well on Monday I phoned pip who put a stop on the claim as they said as I had been awarded at court the pip claim would no longer be eligible ?? Not heard from dwp yet

 

Got the money through on Tuesday ! Can I ask my tax credits will they be affected I told them I got the higher rate mobility a week after I won they said I would hear in six weeks and if not gave me a number to ring ? Anyone know what happens ?

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