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    • Good Evening, I received this pack yesterday its an application notice to change claimants. Will they be chasing me for this as they were successful with the first claim? many thanks Webb 1.Application Notice N244rd.pdf 2.Asset Transfer Deed r.pdf 3.Notice of Assignment Part A Letter 1 & 2rd.pdf 5.Claim Form rd.pdf 6.Draft Order rd.pdf
    • Hi, If they haven't followed the court's directions there will be little tolerance of the court. Anyway please can you upload a copy of the court paperwork
    • Yes, you should have applied for an immediate strike out as soon as the deadline expired. Without the agreement, they are stuffed Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement.  That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.
    • I did not receive a notice via post but in my claim status it shows my claim was transferred to a court I requested in my DQ, as it is closer to me.    Defense I filed:  1.       The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.       The defendant paid the lead tenant a fixed sum monthly bill without fail for the extent of the rental period of the accommodation their contract was associated with who was responsible to make payments to the claimant, ending in June 2023. 3.       After moving out, a month later, the claimant wrote to state that an outstanding sum existed. Further stating, as one of the 10 tenants at the time, I now owed them the full sum instead of my 1/10 proportion of said debt, as 10 students were at the dwelling. They also intimated that they were legally allowed to charge me the full sum if the other renters were not to pay their share under some equal and joint severity rule. 4.       Despite sending numerous requests prior to the court claim being raised for copies of said bills for said utilities covered by the agreement, the claimant failed to send any clear bills. This included a CPR 31.14 on xx/xx/xxxx sent via post. 5.       The defendants stress that they acted in good faith to settle the outstanding balance, as evidenced by the confirmation received from the claimant.  Any subsequent demands for additional payments are unwarranted and contradict the claimant's previous acknowledgment of settlement. 6.       Pursuant to OFGEM code of back billing rules the alleged charges relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging. With the court’s permission the Claimant is put to strict proof to: - a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim. 7.As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation                  that the money is owed. 8.It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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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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Atos and autism


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Hi one of my sons has autism and is on the highest level of dla for care due to him being a danger to himself and others. He went on to ESA in August as his training came to and end.

 

 

He has now been sent a date for a medical assessment which is next week. We only received the appointment last week (4.12.13)

 

 

Having done some reading around I am becoming more and more worried as my son struggles with the language and can often misunderstand the questions. I will of course be there to help him ( I am his appointee) but I cnaanot help but feel he will be tricked into giving answers that are not factually correct.

 

 

I have phoned Atos and asked for the assessment to be recorded but the person I spoke to had to email another department as they dont know if recording equipment is available at that site. I have also spoke to Welfare rights at my council and they say if its recorded they ususally have a doctor doing the assessment.

 

 

As my son is a vunerabe adult can I insist on the assessment being recordrd and if so can I ask for a copy?

 

 

Any help or advice on the whole issue would be appreciated as my son is becoming very anxious and aggitated about the assessment.

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Hi I tried to get through on the helpline but no-one could fake my call and its difficult for me to be on hold for too long due to looking after my son but I have emailed them and I'm waiting for a reply.

 

 

The more information I can get the better.

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Hi insist on recording I went with a friend and their assessment was recorded she got zero points. Using the CD recording to check against the so called report we were able to point to at least 6 places that were incorrect also the trick of the assessor saying can you wait while I check if what I am typing is correct then going straight to the next question. It was only with hindsight we realised that we had not completed the answer to the last question so not being able to answer some questions in full.

 

 

We appealed the assessment and she received 15 points from the appeal.

 

 

dpick

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Firstly you being his appointee will help tremendously, it shows he lacks of capacity to manage his finances so its a good thing you have that in place.. Secondly is your son verbally quite able but lacks the understanding behind conversations? You need to make that known as the question they ask might be leading and make a false perspective. Thirdly don't try and worry, people here only write down the worst case scenarios, most of the time they go alright.

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. Secondly is your son verbally quite able but lacks the understanding behind conversations? You need to make that known as the question they ask might be leading and make a false perspective. Thirdly don't try and worry, people here only write down the worst case scenarios, most of the time they go alright.

 

This is actually a common problem Autistic people have. Regardless of how high functioning they are.

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Hi you are quite right my son is quite verbally able but the fact that he doesn't understand the subtlety of language is my biggest worry. I have asked that the assessment is recorded and they have agreed to this but all this was done verbally so I might just send a quick letter sent recorded delivery to confirm this.

 

 

I had hoped that with me being his appointee that would make a difference as the DWP did visit my son before they made that decision. I hope I will be able to ask the person doing the assesment if they have any knowledge of Autism because although I understand they do the assessment based on the "descriptors" the fact that my son will struggle to answer the questions accurately due to his autism is in my opinion very relevant. I will of course be there to help and support him but it might seem strange if he says yes to a particular question and I then say no that's not the case!

 

 

My son is now getting very anxious about the whole thing and his behaviour is deteriorating and he is probably asking me 100 times a day what is going to happen. I try to reassure him as best I can. In some ways I'm glad its before Christmas as now we would just like to get it over and done with.

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Sounds awful. I was lucky I never had to have a face to face. Neither did my brother. I was put into the support group (I have Autism plus a few other medical issues) and my brother was put into WRAG. He had to have the interviews down the job centre and the lady he had to see, was clueless about Autism.

 

Hope all goes well for you and your son.

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