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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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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 
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    • 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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It was apparently reported stolen (post 1), presumably by the holder. The OP didn't steal it though.

 

That is down to the Court to decide, on the face of it person A has badge go missing badge is later seen being used to park by person B who has declined to make a statement. We only have the OPs version of events something which the Council are not aware of, if the case came across my desk I would treat it as an offence and let the Court decide. Finding something in the street and failing to return it is still theft obviously returning it goes in their favour but the Court would have to decide if they hadn't been caught using it would they have returned it, the OP says yes and we have no reason to doubt that but we are not the prosecution or the magistrate. If it goes to Court they can state the facts and show it was just a pure coincidence that the person finding the badge also kept a badge in a rather unusual pink holder rather than the usual blue ones and this led to the confusion they will probably find them not guilty.

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Hi caggers, apologies for not replying back, i thought you had all abandoned the post as i did not get an email alert like usual.....anyway, here is an update:

 

My friend did not attend with a solicitor but myself ( as support) and her daughter..

 

...the investigator has stated the history of this badge was that it had been missing for one year,

 

the badge was reported missing by the owner and then a copy of the badge was passed around several family members for use (it was never stolen)

and then the council proscecuted the badge owners uncle for having a copy of it displayed in his vehicle about 8 months after it was reported "stolen",

 

he also stated that the owner has been proscecuted for fraud with wrongly reporting it stolen and is banned from having a replacement.....

 

the investigator insinuated to my friend that he believes that she is covering for her daughter

and in fact it was her daughter driving the car and displaying the badge and that the daughter is the girlfriend of the uncle????

(he said this becuase they live with 2 miles of each other too)

 

This is 100% untrue and he quoted the uncles full name but my friend has not even heard of this person!!

 

The investigator has asked my friend to produce her car insurance to cover her to drive her daughters car on this particular day

(my friend faxed the document to him on friday), as my friend says he can get mobile phone records etc,

her or her daughter do not even know this named person he is referring too......

 

The conclusion to the interview was,

he is consulting with the councils solicitors once he recieves the insurance and documents to prove that my friends car has been off the road for months,

hence the reason she was driving her daughters car on this day......

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  • 5 weeks later...

I finally had my medical last week, this time ,its seemed different, last one, the doctor was just constantly looking at computer screen and everytime i spoke he pressed a button, this time, it was a nurse and she seemed very sympathetic, and concerned with me and not the computer so see how it goes....

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Presuming I'm reading that request right, ATOS didn't answer the question at all ...

 

The request was poorly phrased, and technically the DWP did answer the question that was asked. They didn't answer the question that was intended, though, and it's at least possible that the responder knew this.

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I finally had my medical last week, this time ,its seemed different, last one, the doctor was just constantly looking at computer screen and everytime i spoke he pressed a button, this time, it was a nurse and she seemed very sympathetic, and concerned with me and not the computer so see how it goes....
yep I had one like that nice to my face..but shafted me behind my back....she was sympathetic...concerned..but still gave me 0 points......beware the wolf in sheep's clothing
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I can remember leaving there thinking. that wasnt too bad at all....I am going to get the points needed no problem....rang the wife...and said ' I think I've passed this, but we will have to wait and see'......like a little lamb to the slaughter...

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I can remember leaving there thinking. that wasnt too bad at all....I am going to get the points needed no problem....rang the wife...and said ' I think I've passed this, but we will have to wait and see'......like a little lamb to the slaughter...

 

oh dear!! :(

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I have had the same I filled an atos form months ago and have heard nothing.

The first one I went to said my condition would get better in 6 months this was a male nurse, (I have osteoarthritis and rhumatoid arthritis) but I am expecting to be sumoned soon as I have told ESA my condition has deteroiated.

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... They didn't answer the question that was intended ...

 

Quite so ...

 

sorry, i am confused, i never wrote any letter, a fellow cagger put a link up, i didnt use the template to write to DWP ....

 

Don't worry, I believe it was the link we were referring to not anything we might have thought you wrote ...

 

yep I had one like that nice to my face..but shafted me behind my back ...

 

Yep, had one just like that. A male Doctor. He must have taken the Hypocritic oath ...

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That FOI has already been resent via a solicitor 2nd time round, he is doing it free of charge. The 2nd request is stronger worded and has reminded them of their legal obligations.

 

Also another question has been asked about regional variances and a 3rd one about recorders used by ATOS although he told me he expects them to say commercial confidentiality on anything ATOS.

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  • 2 weeks later...
An update.....I have been placed in the "support group" to my relief,does anyone know how long i stay in this for?

It depends what ATOS say

and will i need to be sent for a medical re-assessment mid-term? (the letter doesnt tell me any of this)

 

If you ask for a copy of the report it will say on there how long the assessor thinks it should be before you have another assessment.

RMW

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

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Not everyone who fills in the form will be called in for the WCA. I was called into the jobcentre and told about the WCA long before i got the form to fill in. was told i would not be called for the WCA cause i was to disabled and the jobcentre had a report they did on me from their own assement which lasted 6 weeks at one of their centres. I had to stay there for the 6 weeks and they said no way can i work. But i got called in for the ATOS WCA anyway and they said i was fit for work and stopped my benefits. After several weeks of ringing the jobcentre to try and claim JSA and being told im not fit to work they decided they will help me by giving me JSA till i can get ESA again lol. They have changed the rules on how long u have to wait till u can claim ESA again. It was 6 months from the date they 1st told u u failed. But they got fed up with ppl claiming again as soon as the appeal was over. So now its 6 months from the appeal decision. They changed it a few weeks ago or so i was told by several independant benefit advosors like CAB, 2 saints, sark, and daines.

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I filled in my medical form for ESA and didn't get called for a medical, when I contacted them they said I had been put in the support group indefinatley, also the DWP hadn't contacted me at all when they knew this! I was kept on the assessment rate of benefit weeks after I was put in the support group, they eventually paid my back benefits when I contacted them! they also said it was very unusual for anyone to get ESA without a medical!

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I called them yesturday, I have been placed in the support group for the "maximum" time of 2 years and got my back money with 72 hours and getting my letter....the bizarre thing is, when i was on ESA a year ago, i submitted endless documents (medical) to support my claim when i went for the atos assessment and failed!!...this time, i had no faith and didnt submit a single document and i have less illness's than my previous claim and got placed in the support group now, how bizarre!!!! ;)

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