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    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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 APPEAL for a child


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Hi

I have recently been refused dla for my child

she is 12 years old sees a consultant for eneurisis clinic

wets in the day and night,

 

shes on medication,

also shes under a consultant being assessed for adhd and autism,

she has 1 to 1 at school and

 

i sent in a mandatory reconsideration on the 4th aug looked at it allready again,

i sent in diaries,

consultant letters,

paedtrician letters,

repeat prescription,

side effects of her medication,

a full patient summary

 

yet still they said they have not changed their decision,

 

im furious and dont know what to do to appeal.

I also have autism, dyslexia, dyspraxia, deprssion with social anxieties,

me attending court i would not be able to cope with people face to face

 

please can anyone help

thankyou

Edited by dx100uk
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To appeal the decision, you need to send form SSCS1, available here, to the Tribunals Service. You also need to enclose a copy of the "Notice of Mandatory Reconsideration" or whatever other letter the DWP sent you when they told you that the reconsideration request has not been successful. There is a guidance booklet at the HMCTS (Tribunals Service) website, link here.

 

If you really can't attend the Tribunal it's possible to request a "paper hearing", where the appeal panel will look at the evidence you've sent (and that sent by the DWP) and make a decision without you having to be physically present. However, I'd recommend that you do attend if at all possible, as the success rate is higher when the claimant is there to talk to the panel and answer any questions they may have. You can take a friend or relative for moral support, and you can also have a professional representative with you - talk to the Citizens Advice Bureau about where you might get in touch with such a person. It's definitely worth talking to people with experience in these situations since appeals on behalf of children can be a little more involved than those concerning an adult. This is because all children need a certain amount of assistance. Therefore it's not enough just to show that your child needs help with some things: you have to show that the help she needs is more than would generally be expected for children in that age group.

 

Note also that the Tribunal, although it is part of the Courts and Tribunals Service, is not like a court. It will be a lot less formal. There are no robes or wigs, for example, and the room where the hearing takes place will not be a courtroom like the ones you see in the news or on TV shows. The appeal panel will consist of a judge, a doctor and possibly a third person who will be someone with professional experience of working with people who have disabilities.

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  • 1 year later...

My daughter is 11 years old and has multiple health issues,

a severe autoimmune disease

as well as severe gastro problems,

 

she has to have a very restricted diet and there can be no cross contamination of any sort of food, shampoo, toiletries, etc etc as it is detrimental to her the same with towels, bedding etc etc the list goes on.

 

She cannot go swimming and is never invited to parties or outings.

She is also Vitamin D deficient,

has bowed legs,

contact dermatitis,

social anxiety,

delayed speech,

 

has a PEG tube in her tummy,

we have to use catheters and pull ups every day.

 

She was in receipt of DLA for almost 9 years and now has been refused as the DWP say she has the same needs as a child of her age,

we did a mandatory consideration and the same because she is like any other child of her age.

So the DWP are penalising a little girl,

any help advice would be great

Edited by dx100uk
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The advice in the post above yours is excellent.

Are there any charities specifically in relation to your child's illness? If so, they may be able to help with an appeal.

Try not to take it personally, DWP is apparently on a mission to reduce the benefits bill by any means possible and many, many people have to appeal to get benefits awarded for illness or disability these days, however the appeal success rate is quite high (over 60%) so don't despair.

RMW

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

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You may get more responses if you start a new thread of your own.

 

At 11, there would be certain things that she would be expected to be able do herself in terms of self care, unless she has other disabilities which means she requires help.

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