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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
    • Post in Some advice on buying a used car
    • People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
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      Parcel delivery insurance 1.mp4
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      • 2 replies

Appointment on BH


Shelley181146
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My friend had to rearrange their appointment and it came through a month ago for today (BH Monday). Is that a mistake by whoever made the appointment or would they be there today?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Hello there.

 

Did your friend attend the appointment? Atos do appointments at the weekend, I believe, so maybe they're trying to catch up. Forgive me, but it seems a bit late to be asking, I imagine even Atos have gone home by now.

 

HB

Illegitimi non carborundum

 

 

 

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:Shelly181146:

 

Atos are known to have unaccepable delays for work capability assessments. (Over a year in London and some parts of the South East.) I don't have any definite information that they're attempting to play catch up on bank holidays, but it wouldn't surprise me. So far they've tried;

 

Assessments on Saturdays,

 

Assessments on Sundays - few, if any, takers,

 

And the ever unhelpful desk (08002 888777) regularly make outgoing calls on Sundays to arrange appointments.

 

So I although I can't say for definite, I wouldn't be surprised to find today was an appointment rather than a mistake. From what you've written it seems your friend didn't check whether the date was a mistake.

 

For your friend's sake, I'm hoping the date was a mistake. But if it wasn't, Atos will return the referral to Jobcentreplus for a decision maker to consider good cause for 'failure to attend'. At the same time Atos will send your friend a BF223 form, to be returned to Jobcentreplus within seven days with an explanation for the no show. Is there a reason (learning disability, mental health issues) why your friend couldn't query the date of the appointment before today?

 

Margaret. :panda:

 

 

 

 

 

 

 

 

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Hello Margaret,

Thank you for your response.

Yes, there are quite a few reasons why my friend wasn't able to query the date before today - extremely sensitive and mental health issues do come into it, but more than that there are other considerations to take into account. I am extremely worried for them because of what they have been through during the past 2 weeks, this might tip them over the edge :((((

I will PM you with some ( confidential & sensitive) information and perhaps you maybe able to guide me some how? If not, I understand.

I would respectfully request the groups understanding that as this information is not about me, but someone else, it isn't for me to divulge such sensitive info on a forum, although, I am trying to help them.

Thanks

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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:Shelly181146:

 

Well, the first problem you and your friend have, is to find out whether there's a non attendance problem, which you should be able to do later today. Whatever they were or weren't doing yesterday, the Tuesday after Easter is usually a normal working day for Atos. Phone call to 08002 888777 before 8.30 tonight. Atos use data protection to suit themselves. But so long as your friend's with whoever makes the call, and can give verbal consent for third party authority, she should be able to find out whether she was due at Atos yesterday.

 

Waiting for medical evidence isn't deemed good cause for 'failure to attend'. The opinions of our health professionals count for very little and a Jobcentreplus decision maker is likely to argue that a medical report can be submitted after a face to face at Atos. So best not to use it as a reason.

 

But that medical report could be very useful if it's supportive evidence of your friend's 'state of health at the time and the nature of her disability'. If her mental function is currently compromised to the extent that she can't look after herself or make her own decisions, you could argue that she couldn't cope with the practicalities of attending the assessment. And perhaps that she couldn't work out what to do about it?

 

The decision maker's guidance as to 'good cause';

 

https://www.gov.uk/government/publications/decision-makers-guide-vols-8-and-9-employment-and-support-allowance-staff-guide

(Chapter 42 sections 42261 - 42277)

 

And here's an example of a BF223 form;

 

https://www.whatdotheyknow.com/request/mec_administration_guide_v6#incoming-354324

 

Finally, a useful factsheet about personal independence payments;

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

 

:grouphug: Sincerely, Margaret.

 

 

 

 

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