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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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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.

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    • 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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ESA tribunal


Jac1669
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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

RMW

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

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Hello jac, welcome to CAG.

 

You've posted in a forum about CAG itself, so I've moved you to the benefits forum. I expect the guys will be along over the course of the day with comments for you. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415376-ESA-tribunal

 

Thank you to RMW for getting this started. :)

Illegitimi non carborundum

 

 

 

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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

Thank u kindly

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:Jac1669:

 

Easier for me to say than you to accept but there's nothing to be terrified of. Benefit tribunals aren't quite a chat round the kitchen table, but they're nothing like a formal courtroom either. Most tribunal panels are well used to stressed appellants and make allowances for nerves. From my experience, you'll find the personnel at the tribunal venue a lot easier to deal with than Atos/Jobcentreplus. The video at #23 of the link below reflects my personal experience of tribunals for employment n support.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?386694-resuming-esa-after-atos-assessment

 

I can't know what preparation you've already done for this tribunal hearing, but if you've not already done so, you've a few hours left to think about which criteria for employment n support with the support component you satisfy and why. They're listed in the ESA214 booklet at the sixth link of the guide linked to at #3.

 

Exceptional/special circumstances at pages 11 - 12.

 

Descriptors of activities that are relevant to the workplace at pages 26 - 28. You only need to satisfy one.

 

As examples of what you need to think about;

 

If you can't walk/wheel 50 metres, why not? Heart/lung disease or spinal problems? How does it affect your day to day life? Praps a carer drives you to the doctor, or you have groceries delivered cos you can't walk to the bus stop or round a supermarket.

 

Does anxiety cause you to 'lose it' if the slightest thing goes wrong? Should a bus not turn up, would you wait for the next one or be so anxious/depressed you'd give up and go home?

 

Work related activity a substantial risk to your health? What's likely to happen if you have to visit a Jobcentre or attend the work programme?

 

Come tomorrow, you don't need to make any special effort. Go out as you would for an appointment with your doctor or at the hospital. Be yourself and tell the tribunal how it is for you, day in and day out, cos of your disability.

 

Sincerely, Margaret. :panda:

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