Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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
        • Like
  • Recommended Topics

Just received my second ESA50 - worried now


Foebane72
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2466 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was on Incapacity Benefit at one time and years ago was sent an ESA50. I filled it in, sent it back, and was granted ESA WRAG, and never had a WCA.

 

Now another ESA50 has arrived, and now I'm thinking they're going to haul me before a WCA this time. I'm also afraid that this means that my ESA has already stopped. Is this so?

 

BTW, should I take my time in sending it back, or send it back as soon as I can? Should it also be Special Delivery?

Link to post
Share on other sites

It is perfectly normal for them to send another ESA50, and you could well end up having a WCA, it's impossible to guess who will or won't but they are gradually increasing the number of claimants who are seen.

 

Your ESA will not stop unless you either fail to return the form or fail the WCA. It should say on the accompanying letter when the ESA50 needs to be returned by, it's usually 4 weeks. Proof of posting (free from the post office) is adequate.

 

There's plenty of advice online on how to best complete the form, but if you have specific questions, come back and ask.

RMW

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

Link to post
Share on other sites

  • 2 weeks later...

Thank you. I have two questions:

 

1. I told them I suffered from anxiety and paranoia, but in the grey pages, the question on "meeting new people", I said I didn't feel too anxious. I only hope they don't question this, as most of the time I don't feel too anxious in social situations, it's only later that problems may arise.

 

2. When I filled out the first ESA50 years ago, I had no problems with urinating unaided. But now, I have to use intermittent urinary catheters to do so, and I never told them about that in the meantime. Am I going to get into trouble over that?

Link to post
Share on other sites

You are best keeping what you say as consistent as possible, the 2nd point this maybe a worsening of the condition , It wouldn't hurt to be able to back this up with some evidence from those who are treating you, ie Doctors or specialists in the form of their reports, it may be that you may now meet the criteria for the SG hence the requirement of evidence if available

 

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.

At least once a week experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing.

is the relevant descriptor /criteria for the support group
Link to post
Share on other sites

Yes, Have you not got any sellotape or glue to re seal it?

the more consistent it is,

the less chance of them calling you in for a F2F farce,

Which are always better avoided if at all possible,

 

 

As their real purpose is to to find as many Fit for work as possible

( probably the underlying purpose for sending ESA50's out in the fist place ) as they will compare what you say between this and your previous one, looking for inconsistencies and other reasons that justify referring you for a F2F WCA

 

Should they ask you to attend a F2F farce (WCA) Make sure to request that it is audio recorded, you with a letter from your GP or any other HCP who cares for you like a nurse, you may be able to get a WCA in your home (Home visit) or travel to and from by Taxi,

Link to post
Share on other sites

But I already ticked the box that said I had no problems with that, so if I cross it out and change my answer entirely, they'll think my story is muddled or inconsistent anyway.

 

If other people filling in the form make mistakes like that, then I'll happily correct it and elaborate.

Link to post
Share on other sites

Do you remember or have a copy of your previous ESA50?

if your answers are the same then fine,

if they aren't then they may question why,

 

 

as for ticking the wrong box that could be a innocent mistake we are all human after all ,its upto you, / your choice,

but if in doubt, ring the CAB or Welfare rights and see if they can help you

Link to post
Share on other sites

No, but I photographed the ESA50 this time after I filled it in. In any case, I'm sure the form has changed from the old one I filled in.

 

In that case, I'll put it down to an innocent mistake. I don't really want to start crossing things out or reopening and resealing envelopes, because then they'll know there's something fishy. In any case, I'm not usually anxious of meeting new people, strangers. It's afterwards when the problems start.

 

I've just reopened the envelope anyway because it turns out the photos I took are useless, so I'm going to have to scan them in to the computer instead.

 

Will they even accept the ESA50 if they see that the envelope is torn and has been resealed? Can I somehow get a replacement?

Link to post
Share on other sites

just seal it with sellotape not a problem

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... 

Link to post
Share on other sites

Hi

 

There is nothing to say that you have to send it back in their envelope especially if the form and your evidence wont fit

 

 

just use you own envelope and just put the address details from original envelope on it

 

 

I sent it back Recorded or Special Delivery so you have a receipt and can track it (just me don't trust DWP for losing things).

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

I'm about to send it off now, I've made scans of the pages I wrote in, and that should be it. If I find any corroborating evidence (medical reports) then I will send it later, as the CAB has told me I can do.

 

Just come back from sending it off, used original opened envelope (mainly because the ESA50 requires it) and send it Recorded Delivery.

 

So when can I expect a response? And will my current ESA rate still be paid in the meantime?

Link to post
Share on other sites

Not sure how long before they respond, but yes you will continue to be paid at the same rate until the next WCA has been processed and the DWP has made their decision to either continue paying you at the same or higher/lower rate, if they move you from one of the 2 groups to the other, or cease paying you in the event you do not score enough points and are deemed to be FFW

Link to post
Share on other sites

I seriously think I will be found fit for work. If so, can I choose JSA or will I be forced onto UC? It seems JSA is the lesser of two evils.
If you do happen to be FFW at your WCA , Then if you are intending to appeal the decision you can claim JSA until your MR mandatory reconsideration has been processed should the decision not be revised , You can whilst claiming JSA get a relaxed CC as they are aware of the situation with ESA claimants being FFW and appealing those decisions
Link to post
Share on other sites

Thank you, Tommy.

 

I've just been reading up on the horrors of benefit sanctions this evening, and that has not helped my mental state much at all. I know I should only cross that bridge when I come to it, but I always tend to look at the worst possible scenarios, as anything else can only be better.

Link to post
Share on other sites

don't - all you are doing is looking for the worst cases and panicking.

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... 

Link to post
Share on other sites

Thank you, Tommy.

 

I've just been reading up on the horrors of benefit sanctions this evening, and that has not helped my mental state much at all. I know I should only cross that bridge when I come to it, but I always tend to look at the worst possible scenarios, as anything else can only be better.

Hopefully they will of sorted out the MR within the 1st month to 6 weeks of your request being received, So the JCP won't have ramped up things enough in that short amount of time for you to be getting sanctioned ,
Link to post
Share on other sites

don't - all you are doing is looking for the worst cases and panicking.

 

You're right, I was so focused on the actual "risking losing benefits" side of things, that it never occurred to me that I should try to find a way of not needing them at all (which is, after all, what UK GOV would prefer), by improving my employment prospects and getting a job, or finding other ways to make money. There are plenty of opportunities out there!

Link to post
Share on other sites

UPDATE: I don't know if I've mentioned it already, but I filled in and sent back the ESA50 on the 20th of March, when the deadline date was 4th of April. Now I'm not sure if they'll look at my form early because I sent it back early, but I'm expecting it for sure some time after the 4th of April.

 

HOWEVER, from the 12th to perhaps the 20th of April, I am housesitting for my sister when they go away for Easter, and they live outside of Bristol, whereas I live in Cardiff. So I'm going to be away from home during that time, but I am concerned if a letter arrives while I'm away for an appointment scheduled for that time period, that I will miss it and get into trouble. I can only think of calling my landlord every day and seeing if the letter has arrived and have him read it out to me, but I hear there's a number I can call to reschedule the appointment - maybe that would help?

Link to post
Share on other sites

A couple of points.

 

You could advise DWP you will be away from your home for a week.

 

BUT it does beg the question that if you are fit enough to move from Cardiff to Bristol for a short period, whether you really are not fit for work, as any Doctors notes are stating. You mention housesitting for your Sister, rather than needing a break, staying temporarily with family near Bristol. Now your health might not cause this to be an issue, but DWP staff might nof view it that way.

 

I have read that it can be a few months between sending this form to DWP and the assessment. You would have to be very unlucky for assessment to be scheduled the week you are away. You should get a few weeks notice of the assessment and if the date is when you will be away, you could phone the assessment company to reschedule.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I may have compounded the error myself by stating in the ESA50 that I would not be available for potential WCA in April due to "family obligations". Will that hinder my case?

 

They might question family obligations. If they ask say that you are staying with family for a week.

 

If you say you are house sitting for family 50 miles away, then both DWP and their assessment provider will ask questions as to your health is allowing this.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Well, if there is a WCA interview, then I'll just have to keep my wits about me. That's why I said the former and not the latter (Post #23) because then I would be causing problems for myself. Even though I probably already am. Then again, nothing might happen except staying on ESA, but I'm sure the DWP will be interrogative.

 

EDIT: BTW, by housesitting, I'm not cleaning the house from top to bottom, just feeding the pets.

Link to post
Share on other sites

If you say you are house sitting for family 50 miles away, then both DWP and their assessment provider will ask questions as to your health is allowing this.

 

My only physical health problems are an overweight belly, bad knees and needing catheters to urinate. It's the mental health problems like anxiety and paranoia that make up the rest of my ailments.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...