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    • Thank you for all of your consideration and time on my case The revised letter is fine and approved at this stage. As far as I kno neither the toilet or basin were replaced, the holw referred to by the calimant was an access point to a stop tap that couldnt be moved due to the location at below floor level in the garage A few minutes ago i gothome to a posted hard copy of the claim the original respond date was 4pm 9thJuly  In the same post delivery I recieved a further letter showing an additional 14 days for response to 4pm 23rd July I altered my copy of the claim form posted  earlier so that we were all ware of the revised date Spoke to my electrician earlier and she is considerring whether to put it in writing in a statement of truth She doesnt like confrontation and may not.  Follows from email 20th may   The door frames, where it’s all not fitting correctly with gaps and warped timber used.  A relatively simple fix  £25 . Skirting boards on the curved parts where it’s been filled with a filla and not even been smoothed out.  as above £25 . The architrave isn’t joining correctly with one piece with a cutting taken out of it. ive not seen this so cant comment but a simple fix . Sliding door, no stopper was used to stop it going all the way back and isn’t aligned to the floor. a door stopper was fitted The door slides fully into the pocket to maximise a very tight access witha 2ft 3" door . The extractor going into the boiler where a round tubes been used to an oblong pipe. It’s also held on by gaffer tape.   not a good standard and an easy fix £25 . The window hasn’t been packed correctly and one opening window isn’t aligned. an easy fix it took 1 minutes on my return from holiday . One piece of flooring isn’t sitting flush so will damage very quickly. I hadnt seen this,  the flooring supplied by the c,aimant was apoor quality Bnq with click systme that didnt lock weel so a boad may have risen up again an easy fix to replace one board £25 The toilet is far too close to the radiator and you can’t get up if sitting down. The defendant showed the claimant the size of the room right at the beginning and had discussions about it being a tight space I supplied a short reach pan to maximise space. Difficult to change probable cost £2-300 or more dependong on the final position . The stop tap I cannot get my hand in to be able switch the tap off.  I cut  a hole in the bottom of the basin vanity unit I wsnt particulalry pretty but I have large hands and could turn off the stop top it was below floor level as mentioned earlier  £25 to make hole even bigger . The window you are aware of that’s cracked and you are replacing.  this was carried out by the defendant, appointment on 10th June on return from holiday    The claimants email of 10th june shows an extended list of items that his builder carried out in claimants absense while I was on holiday and without my consent  Quality of skirting board that was fitted around the curved wall inside the bathroom and also in the lounge.  see above . Toilet fitted too close to the radiator where you could potentially burn your leg Claimant shown this at outset I cant  comment too much as I have no measurments see above . Hardly no space for you to get off the toilet when sat down, especially if you are tall.  This was pointed out prior to fitting the floor . The hot and cold feed were incorrectly placed to the wrong connection on the sink  Easy 5 minute flexible pipe swap over £10 . The vanity unit isn’t suitable due to the position of the stop tap. Small hole cut in the vanity unit base to try and switch the tap off  see above . No caulk used around the door frames  easy fix £15 . The extractor fan, where you used a plastic round tube, going to a square tube that was held on by gaffer tape. The square tube then went into a round hole on the outside, this was then filled with foam gap.  Easy fix £25 . The pocket door felt like it wasn’t fixed well, the door at the bottom wasn’t sliding on to the runner very well and you had to help it onto the run. Also no lock on the door.  a relatively easy fix £25 . The boiler door frame had to be replaced due to the timber that was used. The door also was replaced due to the door being fitted to fix into the twisted door frame wood. The door had been shaved so it would fit into door frame that was twisted.  I wasnt aware of this prior to my holiday The architrave used inside the boiler room was short, had a piece taken out of it. The architrave in the toilet wasn’t fitted well.this is subjective . You used two single sockets for the bathroom and boiler room. Where I only needed to have I double switch. I fitted a 2 gang light light switch . The door frame going into the garage you left gaps between the wood and the wall.  maybe required a little filler of quadrant bead£10 . Door handle not fixed correctly and is stiff  easy fix £5 . The window, one opening window doesn’t look level, the other you can’t open it and leave it slightly open in a lock position  fixed by me on my return . Skirting by the radiator, the hole had been cut too big and had just been filled with filler.  ?? £10 to make good? . One plank of flooring wasn’t fitted flush and my toe caught it sitting upwards. poor quality flooring supplied by claimant an easy fix £25   All pricing is subjective as I didnt have the chance to  look at the complaints   Except for moving toilet and replacing pcoket door all snags are relatively minor items That could have been easliy remedied Interestingly he doesnt mention taking out the pocket door wall, lifting up the floor to move the toilet replacing drains and making new wall      
    • That's great news and thank you for letting us know. I'll amend your thread title. HB
    • Ironically, 2 weeks after no updates the parcel has been located and delivered today!! maybe the Evri system is not as bad as it used to be (for me, at least...). Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards! Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".
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    • If you are buying a used car – you need to read this survival guide.
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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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      Many thanks 
      • 81 replies
    • 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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ATOS Assessment, HP admitted she had not read the form or supporting evidence - ** RECONSIDERATION SUCCESSFUL **


Gary44
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Hi, folks

 

I recently had a PIP assessment and was shocked when the HP admitted that she hadn't bothered to read either the form or the supporting evidence, prior to the "assessment".

 

I was wondering how this will play out at a tribunal?

 

I recorded the whole assessment on my wife's phone

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  • 1 month later...

Just to let you know I was successful with my reconsideration, and am getting the enhanced rate of mobility.

 

I know that having a recording of the whole "assessment" was invaluable when going through the ATOS report and being able to point out the "inconsistency's " when what I said didn't match what was written down.

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Thanks,

 

I really want to thank the members whose advice has been so helpful

 

Gary

 

If you haven't already, you might like to thank people who've helped by clicking on the star at the bottom left of one of their posts and leaving a short message. This will add to their reputation.

 

HB

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Illegitimi non carborundum

 

 

 

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Hi Jason,

 

I suppose you could have called it covert, my wife's phone was in a fabric phone case in the outside mesh pocket of the folder I use to keep all the forms etc together, it was placed on the desk in clear view, but the screen was facing down so not visible.

 

I didn't tell the assessor that the phone was recording.

 

But with out having a recording I couldn't prove the "errors" that turned up in the report.

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I honestly don't know, the assumptions and errors made by the assessor, were glaring and if she had bothered to read the form and supporting evidence, 30 plus pages including x rays, consultants reports and letters, all indexed to the questions, relevant information and statements clearly highlighted, to make it impossible for the DWP and its accomplices to say they didn't have the necessary information. she would have probably not written what she did.

 

However, I do think that a covert recording allows people to hoist ATOS by its own petard and gives you a clear picture of the process to go forward with a mandatory reconsideration or tribunal.

 

I think that when they know that they will be held accountable on a official recording they don't use the standard interview techniques, but stick to the letter of the law. My personal opinion is that ATOS and its assessors hold everyone they see in contempt, regarding them as feckless parasites trying to work the system.

 

I would despite the risks use covert recording again because the DWP and ATOS cannot be trusted

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