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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
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    • @BankFodder have you seen the first paragraph of this defence on the name. Am I missing something?
    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
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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.

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      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
        • Like

Cannot understand capita medical


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hi everybody ,

 

im so confused capita have asked me to go to a medical 40 miles away , especially when they know im aggraphobic .

 

i have seen somewhere on the web that capita normally do home visits but i was sent a letter to attend this place ,

i cancelled once because i had a really bad panic attack ,

 

they told me i HAVE to attend the second one they booked for wednesday ?

 

can i say anything to them ?

 

im terrible with one to one situations the thought im going to embarrass myself makes me feel panicky ,

 

am i likely to fail by going ?

 

and what will happen if i fail it ?

 

really sorry for all the questions

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Did you request a home visit at any point? If so, contact them and ask why that request hasn't been honoured. If not, and given that you've already missed one appointment, I'd say that you should do everything possible to attend. You can take a friend or relative for moral support - this is one of your rights.

 

You won't fail just by going, but if you don't attend and don't make alternative arrangements, your benefit will be stopped until you do attend. What you should do if you fail depends on what benefit you receive - is this a claim for ESA, PIP, or some other benefit?

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Well, for PIP if you fail the medical, you would need to ask the DWP for a Mandatory Reconsideration and, probably, make an appeal to the Tribunal. Technically you could also appeal if your benefit is stopped because you failed to attend a medical, but that's a lot less likely to be successful. You might have a case if you had requested a home visit and they simply ignored your request or refused it unreasonably. If you haven't already requested a home visit, though, all I can do is restate my advice that you should do everything you possibly can to attend the appointment.

 

I realise that could be very difficult for you, and I don't want to sound unsympathetic. But what I'm getting at here is that failing to attend a second appointment could cause you a lot of problems. If it is simply flat out impossible for you to attend this upcoming appointment (and you haven't already requested a home visit), all you can do is contact them ASAP and request that they consider rearranging this one and visiting you at home instead. This isn't a great outcome for you (as they will probably report back to the DWP, where a Decision Maker will consider whether or not to stop your payments for noncompliance) but it's certainly better than just not showing up for the assessment.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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40 miles sounds excessive.

 

Search for your local Capita Pip Assessment Centre http://www.capita-pip.co.uk/en/locations.html

 

If it's not the closest, over 90 mins travel or you think it's excessive travel for your condition then complain.

 

Anecdotal evidence says they pick the 1st available appointment at any nearby (well any no matter how near) centre not the closest.

 

If there is a reason you have to have a home visit then you have to have that documented in a letter by a GP or a carer etc.

 

There's also a list of medical condition where home visit - tentatively ask - provide taxi - etc is listed for PIP.

 

Oh there is no set in regulation rule that there can only be one re-arrangement!

 

Its a myth as that doesn't exist.

 

Atos/Capita can change your appointment as many times as they like, whist DWP guidance (which is not legislation) says if you re-arrange for a 2nd time it has to be with good reason. The real trick is to argue that it's their issue not yours so it them changing the appointment not you!

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ill have to go ,

point is i dont know if anyone else has done this

when i fill out my form i do it at the time how i feel

and they supposed to ask you what you supposed to have put on your form ,

 

ive gone a lot worse , especially my memory

i wish i could be "normal" wake up without thinking of reasons to get up and then sweating mainly all day and night (side effect from tablet) then panic attacks i can cope with small ones

 

i had a stalker hiding in my attic for a few days about 16 years ago never thought it affected me but i believe now with the way i behave when im out it does

as i can be violent if anyone is staring

its just the staring , my heart belts my chest , feel like i cant breathe (and i think i make my panic attack worse but thinking of the worse scenerios)

 

if they keep staring i go mad shouting ,

but it baffles me because im very shy myself but then i run my mouth off like some trashy teenager

 

well my appointment is tomorrow i hope it hurries and goes

 

thanks everyone for your help

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