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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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Teej75

I have a PIP assessment on Wednesday, any advice?

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It's not your ability to put one foot in front of the other. It's if you're told by a friend to meet them at a certain place, can you plan the journey and get there safely? IE, I can write down the instructions on how to get to a specified place. But I almost always get lost. Certain directions will always confuse me. (ie, you can't tell me to turn left and then tell me to turn right)

 

This is where I will fail.

 

I do not go out anywhere alone, and really rarely go anywhere, however.

 

On the odd occasion I will go to the shop with my mum in her car, the local shop, 4 streets away. I do not go into the shop, just wait in the car whilst she is gone a few minutes. I told the assessor this, however. She then said to me, if you are in the car with your mum, can you direct her to these shops, and I said yes, because I can. But this is when she is with me.

 

From this it will be told that I can plan a journey and follow directions.

 

The way its worded is terrible, and when the letter comes I already know what it will say, and I will appeal it.

 

I sadly have no doubt what the outcome of my assessment will be, just gotta wait for it to come.

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I asked for a reconsideration on my failed PIP medical and I won I went from 0 points to 18 and have been awarded until 2019.

I answered some questions over the phone and sent a further letter of evidence.

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This is where I will fail.

 

I do not go out anywhere alone, and really rarely go anywhere, however.

 

On the odd occasion I will go to the shop with my mum in her car, the local shop, 4 streets away. I do not go into the shop, just wait in the car whilst she is gone a few minutes. I told the assessor this, however. She then said to me, if you are in the car with your mum, can you direct her to these shops, and I said yes, because I can. But this is when she is with me.

 

From this it will be told that I can plan a journey and follow directions.

 

The way its worded is terrible, and when the letter comes I already know what it will say, and I will appeal it.

 

I sadly have no doubt what the outcome of my assessment will be, just gotta wait for it to come.

 

To get PIP, you need help at least 50% of the time. I have the odd day where you can give me a map, tell me we're here and tell me we need to get to this place. My case is a tad more complex and there is the safety side of things to consider to.

 

Any help you need had to be reasonable.

 

To the OP - you should also request (I don't know the name of the form) the scorng sheet thing they use to score you / the medical report.

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It's not your ability to put one foot in front of the other. It's if you're told by a friend to meet them at a certain place, can you plan the journey and get there safely? IE, I can write down the instructions on how to get to a specified place. But I almost always get lost. Certain directions will always confuse me. (ie, you can't tell me to turn left and then tell me to turn right)

 

Right. No not a bad day, i don't go anywhere and that's what i told them and if someone asked me to meet them somewhere that day i'd have to say no. It's a bit unclear that though, i thought the point of the mobility component was to help with transport. If you can't plan a route and get there safely how could you drive a car? :|

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This really is the problem with these assessments , they have hidden triggers. It is always worth appealing . Do you have a copy of your application and the scoring criteria?

I would be putting together a letter pinpointing where you believe the errors were made and why , this needs to be done quickly , I am not sure of the timescale.

 

I am waiting on my outcome, I had my visit on Thursday 5th March so hopefully I will hear in the next few days

 

Thanks. I thought of writing a letter but wondered if i should also get support letters. I'll have to call welfare rights and see what they say, they took my form to send but can't remember if they sent me a copy. By scoring criteria you mean descriptors or the score sheet Nystagmite mentions? I'll have to request that.

 

It may be that i'm not entitled so i need to get things clear before going any further. I'll post if i have any more questions.

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I asked for a reconsideration on my failed PIP medical and I won I went from 0 points to 18 and have been awarded until 2019.

I answered some questions over the phone and sent a further letter of evidence.

 

A letter you wrote or one from your GP/Doctor? Thanks.

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To get PIP, you need help at least 50% of the time. I have the odd day where you can give me a map, tell me we're here and tell me we need to get to this place. My case is a tad more complex and there is the safety side of things to consider to.

 

Any help you need had to be reasonable.

 

To the OP - you should also request (I don't know the name of the form) the scorng sheet thing they use to score you / the medical report.

 

Request before applying for reconsideration? The safety side is also a issue, i won't travel anywhere unfamiliar on my own. I don't think i did a great job during the assessment but i'm pretty sure i said i don't go out most days, only when i'm well enough and because i have no choice.

 

Thanks!

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Sorry to keep posting but i want to make sure i do all i can to avoid going to tribunal if possible. Thanks again.

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A letter you wrote or one from your GP/Doctor? Thanks.

 

From my CPN - oddly it was almost like the one I had taken to my PIP medical, but it was obviously not paid much attention to.

When sent to the DWP it was acted upon.

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Request before applying for reconsideration? The safety side is also a issue, i won't travel anywhere unfamiliar on my own. I don't think i did a great job during the assessment but i'm pretty sure i said i don't go out most days, only when i'm well enough and because i have no choice.

 

Thanks!

 

As I mentioned, the help you need is reaosnable. Is it reasonable to suggest that, if you had a friend with you, you could go out?

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From my CPN - oddly it was almost like the one I had taken to my PIP medical, but it was obviously not paid much attention to.

When sent to the DWP it was acted upon.

 

Thanks. The assessor took a copy my CFS assessment, i assume to send to the DWP. Not sure what's going to be better than that!

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As I mentioned, the help you need is reaosnable. Is it reasonable to suggest that, if you had a friend with you, you could go out?

 

Thanks. On bad days it's not reasonable for me to go out at all unless they are taking my by car there and back so i think that's a yes.

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Thanks. The assessor took a copy my CFS assessment, i assume to send to the DWP. Not sure what's going to be better than that!

My assesor refused to take anything from me on data protection grounds. I


Any opinion I give is from personal experience .

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My assesor refused to take anything from me on data protection grounds. I

 

 

I waited 14 months for my PIP medical. I had a photocopy of my doctor's note (which the DWP had lost) and a list of my 12 meds listed on the back of an envelope - the latter was mostly for my own reference.

 

 

The nurse took the photocopied doctor's note but refused to take the envelope because it didn't have my name and NINO on it.

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Thanks. On bad days it's not reasonable for me to go out at all unless they are taking my by car there and back so i think that's a yes.

 

Sounds like a yes to me too.

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:Teej75:

 

:frusty: Activity 11 for a personal independence payment has been a pain since it was drafted (badly) and two revisions of the guidance haven't helped. But Disability n Carers guidance is their policy, it doesn't change the law.

 

The descriptors for personal independence are every bit as harsh as those for employment n support, and I'm in no way trying to diminish your difficulties. But if you read pages 115 - 118 of the document below you may understand the concern I expressed in #13.

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Some points for you to think about;

 

You can plan and follow some journeys. Do you have more days than not when you can't get to wherever you want to go? Try to work out why you can't get there. What happens when you can't get to a work focused interview?

 

Does fatigue/mental confusion prevent you from looking at a bus/train timetable? Or can you plan a journey, but just not quite get there cos of fatigue/mental issues?

 

Apparently you managed to get to Atos without prompting and without being too distressed to find the right building. Was the taxi a regular one, or was it a volunteer service from which you could expect a little extra help?

 

The report from your consultation at Atos is a PA4. Should be yours for a phone call to the number on your disallowance notice. But Disability n Carers haven't quite got used to the idea yet, so you may have to send a written request via recorded delivery.

 

Best wishes, Margaret. :panda:

 

 

 

 

 

 

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:fletch70:

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Page 31 may be an excellent introduction to your request for mandatory reconsideration. :-)

 

And possibly, page 114 might help with the budgeting, or lack of it. Especially if your sister can do a statement with chapter and verse of the help she gives you.

 

As Disability n Carers are very good at 'lost' phone calls, I'd suggest written confirmation of your request via recorded delivery.

 

Best wishes, Margaret. :panda:

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:Teej75:

 

:frusty: Activity 11 for a personal independence payment has been a pain since it was drafted (badly) and two revisions of the guidance haven't helped. But Disability n Carers guidance is their policy, it doesn't change the law.

 

The descriptors for personal independence are every bit as harsh as those for employment n support, and I'm in no way trying to diminish your difficulties. But if you read pages 115 - 118 of the document below you may understand the concern I expressed in #13.

 

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Some points for you to think about;

 

You can plan and follow some journeys. Do you have more days than not when you can't get to wherever you want to go? Try to work out why you can't get there. What happens when you can't get to a work focused interview?

 

Does fatigue/mental confusion prevent you from looking at a bus/train timetable? Or can you plan a journey, but just not quite get there cos of fatigue/mental issues?

 

Apparently you managed to get to Atos without prompting and without being too distressed to find the right building. Was the taxi a regular one, or was it a volunteer service from which you could expect a little extra help?

 

The report from your consultation at Atos is a PA4. Should be yours for a phone call to the number on your disallowance notice. But Disability n Carers haven't quite got used to the idea yet, so you may have to send a written request via recorded delivery.

 

Best wishes, Margaret. :panda:

 

 

 

 

 

 

 

Thanks Margaret!

 

I offered the HP support letters when i started the consultation but she refused; should she have taken them?

 

Yes i have more days than not when i can't go out, in fact going out and doing physical activity makes me worse and it can take several days to recover, during those days i won't go out at all, my memory, focus and concentration is impeded.

 

I got there but couldn't find the building, got dropped off in the wrong place and spent about 10 minutes looking for it, i was relying on the taxi driver to find it and i was panicking, nearly went home but found it with a lady who had an assessment there.

 

I'll call and ask for the PA4 and anything else on Monday. I can get support letters saying i need transport to hospital appointments and help getting to assessments and have done for several years, they should show that i can't make unfamiliar journeys cause of fatigue, i can't travel far on my own and like i say on a bad day i don't go out i'll just make myself worse and prone to dizzy spells akin to panic attacks, this is why i need the PIP so i can do more, i'm severely limited in what i can do. So yeah i'm pretty sure i need to apply for a reconsideration.

 

And thanks, appreciate you taking the time to reply. :)

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