Jump to content


  • Tweets

  • Posts

    • Sounds good. Beware you will likely get interest at 4% as I am yet to see a single court give out 8%
    • Thanks @jk2054 I'll incorporate your feedback in #199 into the WS. I'll stick to just the claim value and interest, as I understand that it is not simple to quantify other expenses such as time spent, lost work, etc.
    • It doesn't need to but it makes no difference.   What you will find is that if the judge finds in your favour, they will award the sum and ask you if you want anything else, it is at that point you claim interest and your expenses (if applicable) such as lost work etc
    • Just a few suggestions -  I wouldn't be listing the attachments in your index. Just say exhibits then have a page of an exhibit index right before the exhibits start move the defendant's evidence bit above the the previousy reported cases. I believe if you look at the macbook case, you will see similar I also think for the issues in dispute and not in should be short bullet points not full on sentences (for example point. 8 paragraph 3 isnt an issue in dispute or not its just an explanation - the list of dispute/not in dispute should be short and concise. Information about the points should be in your wintess statement. Also on page 3 you switch between bulet points and numbers, I think you shoud be using numbers throughout so you can refer to it much easier.  Also I'm not sure why you have put your issues in dispute as part of your witness statement. I would be putting this as a seperate page before your witness statement. point 25  - I would add something that says something similar to "The Defendant cannot rely on a contract they have not provided to exclude their liability" I also see lots of switching between I and the claimant. Its a mere point of how it reads but I think you should stick to one or the other not use them interchangeably. Also, I would say that your WX should have your name at the bottom above the signature. I'd also change the wording on page 8 to be just "Exhibits to witness statement of YOUR NAME" Just my thoughts and vast majority are just about the formation rather than the content
    • Hi, yes i did claim interest in the particulars of claim. I just thought it needed to also be mentioned in the WS - if it doesn't need to be in WS, then happy to take it out. @jk2054 yes, blue font is only used in the draft WS so the amends are easily visible. Final version of WS will be in black font.
  • 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
      • 161 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

Friends benefit journey


Guest
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 378 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

What is the procedure when a GP wont issue futher sick notes.

 

Does the claimant just ring to close the claim? Then recieve final payment upto last day of previous sick note?

Link to post
Share on other sites

what is this in relation to/>

 

SSp, ESA,

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

A claimant on assessment rate esa, no atos assessment as yet. Claiming since 2nd june 2013 and receiving £72 pw. Just completed counselling and it looks like GP wont be wanting to continue signing notes for dwp.

 

They were not working prior to illness so no employer involved. Not sure theyre ready for the jsa wp fiasco so what will happen is a bit worrying.

Link to post
Share on other sites

When does the existing sick note expire?

 

A letter from a doctor may be accepted (at the discretion of a Decision Maker) instead of the standard NHS Med 3 (or Med 5, Med 10) form. The letter needs to make it clear that that, in the opinion of the doctor, the claimant is not capable of work or has limited capability for work, and state also the nature of the incapacity and the period it's expected to last - that is, the letter states an expiry date just like the formal Med 3 form. Most DMs will accept letters that meet these conditions, but because the processor needs to pass them on to the DM, they can take longer to be updated on the computer system.

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.

Link to post
Share on other sites

Ah right i see, thankyou antone.

 

The current note expires 15th Jan. I will advise they discuss fully at next GP appt.

 

If neither note or letter get sent am guessing they will close the claim and pay up to last date covered then.

Link to post
Share on other sites

If she has a note running until 15th Jan (and assuming she does not agree that she is fit for work) then she probably should do nothing until then. She should be paid as normal until the last fortnightly payment date before the 15th. After that she can call to close the claim effective 16th Jan and any remaining benefit will be paid to her then.

 

Of course, if she's able to sort out a new note, so much the better.

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.

Link to post
Share on other sites

Yes all makes sense, I am in the same boat (sort of) Current note runs out 8th Jan and that is also when my ESA payment is due, DWP (I called to check) said that payment is covered as the note runs out the same day so as long as I get a new note to them before the payment on 22nd Jan it is fine - I have a GP appt on 8th to get a new note so DWP will have it by 10th-11th (signed for recorded)

 

Luckily my GP is great and issues notes to me based on my anxiety, depression, back problems and being under a consultant for a urological problem. Of course that could change at any point and still waiting for ATOS (5 months in to ESA now) As soon as I do get that (no hurry thanks) I will be back on JSA and at INGEUS quicker than you can eat a mince pie at Xmas so got that to look forward to

Link to post
Share on other sites

He had probs with that scenario essexmat.....last sick note ended 15th same day as payment due, but no payment was made, had to ring n get a same day payment, the new sicknote was on way but due to their insististing its sent miles away, then backtracked internal post to local area here, it takes nearly 5-6 days to arrive.

 

He was told if next one isnt sent they wait 3 days then pay out last payment and close the claim...good job he can use landline to ring if unsure.

Link to post
Share on other sites

Mmm, will have to keep tabs on that one although when I called they said as my note runs out on 8th (effectively at 11.59pm) the payment would have been issued that day (am) so will go through but now I am worried. Can you call if no payment is received then as my new note won't get to them until around 11th Jan? Sometimes I wish my ESA and HB was one singlular payment - would be easier to manage

Link to post
Share on other sites

Well the payment is usually in bank after midnight -early hours. He rang the number on the esa letter he had.

 

Given that they did it within 2 hrs maybe they saw it was their error. People seem to get differing info. One thing i do know its cleared 2 days before, so if due on friday then its released on weds to get in account on time. If worried i would ring day before to check. They just make it harder for claimants it seems.

 

Hope yours is ok.

Link to post
Share on other sites

That simply is not correct, all GPs have a supply of these forms on their computer. It is a condition of their contract.

 

Not all doctors are GPs. Not all doctors even work for the NHS.

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.

Link to post
Share on other sites

Not all doctors are GPs. Not all doctors even work for the NHS.

 

Antone, private practitioners can and should still order them if their clinical work involves being responsible for someone's care - if you get a frosty reception from a private practitioner they can get them from here:

 

https://www.gov.uk/government/collections/dwp-leaflets-and-how-to-order-them

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

Link to post
Share on other sites

  • 9 months later...

If a person has been refused jsa due to having left a job voluntarily, is there a period of time before they can apply for jsa at all? I was under the impression that there was several weeks before it could be applied for?

 

Can a person be refused jsa for not having pain enough national insurance in the previous year? They had only worked part time for health reasons.

 

Is there any form of hardship claim available for a person in these circumstances at all.

 

Previous job was left as sick pay had run out and due to either lack of or bad advice, they gave notice and left the job. Personally I would not have advised they gave notice. They apparently have been refused jsa 2 months ago and are being supported by family but have no money at all.

Link to post
Share on other sites

Can a person be refused jsa for not having pain enough national insurance in the previous year?

 

Yes they can. You have to have paid a certain amount of NI each week in certain years (I don't know the rules; someone on here knows more than me I'm sure) to qualify.

Link to post
Share on other sites

Income related would be available if contribution based has been depleted.

 

There is a 26 week "sanction" for intentional unemployment I think.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

If a person has been refused jsa due to having left a job voluntarily, is there a period of time before they can apply for jsa at all? I was under the impression that there was several weeks before it could be applied for?
You can apply for JSA from the first day of unemployment, regardless of the reasons why you left your job. If there is any doubt as to those reasons, the case will be referred to a Decision Maker before payment is made. Each case like this is decided on its merits: you should be asked if you wish to supply further information and your former employer may also be asked to comment. A sanction of up to 26 weeks may be imposed if the DM is not satisfied with the reasons for leaving and believes that the unemployment was voluntary.

 

Can a person be refused jsa for not having pain enough national insurance in the previous year?
JSA©, contribution based JSA, is based on the claimant having made sufficient NI contributions in the last two full complete tax years preceding the benefit year the claim was made. For a claim made this year (that is, between Jan 15 and Dec 15, roughly) those tax years are April 12/April 13 and April 13/April 14. If insufficient NI conts have been paid in those years, JSA© will not be available but income based JSA(IB) can still be considered. Entitlement to JSA(IB) is based on household income and savings.

 

Note that it's possible when making a JSA claim to apply only for JSA©, and a lot of people do this because the form you need to complete (online, by phone or on paper) is much simpler. This often turns out to be a mistake, since in these cases JSA(IB) can't be considered if there is no entitlement to JSA©. If the person you're asking about hasn't yet applied for JSA(IB), he or she should do so now.

 

Is there any form of hardship claim available for a person in these circumstances at all.
Possibly. I'm not too well up on Hardship rules, though, and in a lot of cases the claimant needs to ask about it - JSA staff often don't offer it or even make the claimant aware that it exists. To give more detailed advice, we'd need confirmation of the reason why JSA has been refused.

 

Also, if the person rents his or her home, Housing Benefit may still be available even if JSA has been refused or sanctioned. Contact the council for more information about this - he or she may need to make a "nil income declaration".

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...