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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
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      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.

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      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.

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      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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Missed Work Capability Assessment Due to Illness - Now been told capable of work???


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Hello and thank your reading,

 

I unfortunately suffer from the following which I take medication for:

Spinal Injury - Long term disability affecting movement, loss of feeling in legs and feet

Chronic Pain due to spinal injury and herniated discs

Depression

ADHD

 

I missed my Work Capability Assessment as I had an infection, I called the centre prior to the appointment to tell them and I also visited the GP and obtained medication.I was told that I would receive a letter from the DWP asking why I missed the appointment.

I subsequently received the form, I completed the form complete with an appointment card and the medication container which listed the date on which I obtained the medication, at no point was I asked to explain my disability/illness or the reason as to why I had been in receipt of "not fit for work" note from the GP and have been since Sept 2016.

A couple of weeks later I received a "Decision maker has decided your capable of work"

The questions I am asking are:

1.How can this have been made when there has been no formal assessment completed or any forms filled out by myself to explain the conditions and difficulties I face on a day to day basis?

2.I have note received any explanation as to why this decision was made, so I want to appeal, whats the best way to do this?

3.I have no benefits in the meantime, I am in a lot of debt and am behind in my rent, which means that I may lose my home due to this decision, what can I do?

 

Many thanks in advance for the advice, it is really appreciated

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First thing you need to do is get a 'No Income' form from the council, fill it in and give it back to them. That will get your rent paid again. Second thing you should do is write to your MP and tell them about this and ask for their assistance in regaining your benefits. They might help, they might not so you need to apply for what's known as a Mandatory Reconsideration. This means you're asking the DWP to look again at their decision. I forget how you do that exactly, someone will be along in a minute to explain further I imagine. When that fails, if it does, you can then appeal against the original decision, the one you've just had, and once your appeal is underway you should start getting ESA at the basic rate again to keep you going.

The problem you're going to have right now is you've been declared fit to work so they'll be expecting you to be visiting the job centre to sign and and probably doing job search or courses or all sorts of other unsavoury pursuits you are clearly unable to do. To get round that you need to apply for an 'extended period of sickness'. There's more on that here https://www.google.co.uk/search?client=opera&q=90+days+extended+sickness&sourceid=opera&ie=UTF-8&oe=UTF-8#q=extended+sickness+jsa I know you'll read the govt stopped this, and they did, but it's been started again. I know as I've just recently had to look into this for a friend of mine. Basically, for a period of three months I think it is, you can go sick while on JSA and not have to do any of the usual nonsense you have to do with JSA. This should easily see you through the waiting period for your mandatory reconsideration, and when that comes you can appeal and go back on normal basic ESA. HTH!

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To make a request for mandatory reconsideration you can telephone or write to the office that pays your benefits. If you choose to call, follow up with a letter and advise them on the call that this is what you intend to do. There is some more advice available at this site. In regards to the fact that the letter says you've been found fit for work, this is just the way the DWP phrases these things. In effect, they're saying not so much that they've decided you're fit for work, but that you can't be treated as being unfit for work because you didn't attend the assessment.

 

This should easily see you through the waiting period for your mandatory reconsideration, and when that comes you can appeal and go back on normal basic ESA.

 

Most of the advice you've given is sound and I'd urge the OP to follow it, but there is just one point to note: you can only receive ESA on appeal if you're appealing against a points failure of the assessment. You can, of course, appeal a "failure to attend" decision but you won't be paid ESA while it's pending.

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CAB or Welfare rights advisers may be able to help you with this, They may know of an escalation route to get your payments restarted quicker than the MR route

 

A letter from the GP may also help , IMO you should not have to wait for an MR.It probably wouldn't have gone this far had you covered your bases with regards of supporting evidence from your GP to back up your case for having good cause, Had you rescheduled the WCA appointment previously? , If not then i would think they maybe in the wrong on this

 

Also due to your health conditions Spinal Injury - Long term disability affecting movement, loss of feeling in legs and feet

Chronic Pain due to spinal injury and herniated discs

Which i would imagine will limit your ability to mobilise, As well as using stairs etc, And if stairs are an issue they have to offer you a ground floor venue, but you would have to tell them that stairs are a no go

 

Do you know how long it would take for you to travel from the assessment centre, from your home to the front door of the centre using public transport, and by car ,if it would take more than 90mins in either direction on public transport including any waiting time or walking time then they should offer to to provide a taxi in the journey time would take no more than 1 hr or a home visit,

You can request a home visit or a paper based assessment but would need a letter of support from your GP or other HCP who sees you regularly and knows how your conditions affect you, Also If they insist on a F2F WCA , then you should insist on it being audio recorded

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Also please note that in these type of circumstances where the DWP deemed a claimant to have failed to submit to their farce called the WCA , ESA assessment rate is not payable until they have had a WCA should the MR not change this decision, all a tribunal can do is instruct the DWP to rearrange a new WCA , but until this WCA ESA payments won't be paid

http://www.cpag.org.uk/http%3A/%252Fwww.cpag.org.uk/content/ask-cpag-online-esa-problem-areas-claims-and-payments-have-you-failed-attend-medical-examina

 

If your condition has significantly worsened since you completed the ESA50 and you r GP will support this being the case, or you have a newly diagnosed condition then you could make a new claim for ESA but you would have to complete a new ESA50 if the DWP accept a worsening or new condition then they will pay you ESA at the assessment rate again until the WCA .

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