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    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Thank you
    • So after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DDEFENCR  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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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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DLA to PIP


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Hi all,

I had a phone call from Capita yesterday and the woman on the other end of the phone was quite aggressive and hostile. ~She spoke really fast too.

 

 

I have severe mental health issues and numerous physical issues including needing to be near a loo. She tried to demand I go for a f2f in a place I don't know at all. I told her this and she said "but you get out daily, don't you?" I said of course I can't not with this health. She very reluctantly allowed me an appointment at home but no choice of date.

 

 

I am now at my wits end as I never allow even the few friends I have to come into my house due to my physical and mental health. My house is a bit of a tip as I suffer extreme fatigue due to Crohn's Disease and arthritis. My mental health is also such that I can't physically do what I want to do when I want to do things.

 

 

I don't have anyone I can ask to be with me at the allotted time and am terrified of having to let a stranger into my home. I haven't lived in the area long and don't feel I can rely on any of my medical team.

 

 

Any suggestions please?

TIA

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Hi,

No I haven't had one since I moved here. I really don't know if I can go through this alone, but have no idea what to do.

 

Hi,

 

Contact your local Council tomorrow and ask to speak to on of the Income Revenue Officers, they help fill out PIP forms and also can assist with other Departments if needed.

 

or if you live in a Housing Association property, give them a ring and ask for the team that deal with financial assistance (they are mainly attached to the finance department).

 

They will call them on your behalf, fill out forms and help as best as they can.

 

Best Wishes

 

Stigman

Edited by Stigman
too many e's in the

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Contact your local Council tomorrow

 

Tomorrows Sunday, Best call them Monday :)

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • 2 months later...

Hello,

 

 

I had a disastrous assessment with a very nasty nurse.

 

I was on higher rates for both components.

I can't believe how much detail I went into on the form and evidence supplied.

 

I know from the report that the assessor has contradicted herself throughout, but I can't believe I scored not 1 point.

 

I have Crohns disease,

arthritis,

scoliosis,

iritis,

chronic fatigue due to malabsorbtion and

severe mental health issues.

 

I also have a liquid feed going through a tube in my abdomen into my stomach.

 

the nurse and I did discuss my mobility scooter and the fact that I cannot propel my wheelchair and that I genuinely cannot go to an unknown place.

So i'm truly shocked by what she wrote.

She seemed more interested in the fact that I draw and drive an automatic car.

 

I simply cannot understand her.

She also used a raised voice the whole time.

I just didn't have anyone with me and suffered it alone,

 

although she stated she would leave and come back at another date to finish off as she 'could see she was stressing me out'.

I told her to stay as I would never let her back in my place.

I almost dialled 999 to have her arrested and removed.

 

I have put in for my mandatory reconsideration and was wondering how long this will take.

 

In the mean time am I allowed to use my bus pass and must I tax my car immediately?

 

Also, with bedroom tax and an overpayment i'm really feeling the pinch,

can I get help with the bedroom tax and can the overpayment be brought into line with what I can afford.

 

I'm suffering so much mental and physical anguish over this I really don't know how i'm going to cope.

 

TIA

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Threads merged

Please keep to one thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Ok, just to update.

 

I got a benefit advisory service to handle my MR.

 

I now have enhanced care and standard Mobility.

 

They are for an 'ongoing period'.

 

i'm quite pleased

but what I would like to know is if I scored 4 points moving around and 4 points to have someone with me do I have 50% tax reduction on my vehicle or not. Thanks in advance.

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