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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
    • As the electric carmaker sees sales fall and cuts jobs, we take a closer look at its problems.View the full article
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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      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.

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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
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ESA Appeal Support Group / WRAG Advice needed


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Contribution based ESA.

 

I had been in the Support Group for around two years but was moved to the WRAG following a "medical" a few months back.

 

Ironically I "passed" the most recent medical. The previous two I "failed" but each time I obtained a reconsideration after submitting doctors letters without having to go to a formal appeal.

 

This time I queried the decision and was initially told it was automatic but should have been looked at by a decision maker. Meanwhile I had been sent an appointment for a "Work Focused Interview". I was told to contact the local office and ask for this to be postponed pending a decision. This was agreed.

 

A few weeks later I got a letter saying they were unable to change the decision but I could appeal if I wished.

 

I send in a detailed appeal with supporting evidence and a letter saying I couldn't see how their decision could be a "reconsideration" as apparently no original decision had been made!

 

Again, after a couple of weeks, I got a letter saying they would look again at the decision and if it could be changed in my favour the appeal would lapse.

 

This was five weeks ago and I heard nothing further. I'm still getting the WRAG paid into my account and have not been called to any further meetings.

 

Would I be best to chase this or let sleeping dogs lie? To be honest I would rather have the slightly lower amount of money than risk stirring things up and have to attend the "work Focused Interviews".

 

However I am conscious that the new rules mean I can only stay in the WRAG for 1 year (??) so presumably this will come to an end in about 9 months time if I don't get upgraded.

 

Any advice would be appreciated.

 

Thanks

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The new rules mean you can stay in WRAG for as long as they feel you need to. (as it is now) But after one year, you'd get no money if you don't meet the income based criteria and you have spent the last year on contributions based ESA.

 

OK, thanks.

 

However, unless I'm missing something the only benefit to me would be getting credited with NI contributions??

 

I have more than enough years for a full basic state pension. Do these contribute to the second state pension? Otherwise would the only value be remaining eligible for contribution based benefits in the future such as the ESA Support Group should I meet the medical criteria?

 

For the foreseeable future my assets are too high to be eligible for anything means tested.

 

Also, does the year start from when I was moved to the WRAG (I was in the Support Group before).

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OK Thanks.

 

So, if I remain in the WRAG until the year is up and payments stop what we are saying is that they would continue to credit me with NI contributions presumably subject to still attending the dreaded ESA "medical" etc? If at any stage I get put back in the support group payments would start again?

 

As I mentioned I have more than enough NI contributions for a full state pension. Therefore if I drop out of the ESA system because it is too much hassle just for the contributions how long would I remain eligible for contribution based ESA should my condition worsen to their idea of Support Group level?

 

I'm not willing to claim contribution based JSA for the six months it would be available as the procedures would be counterproductive to my health.

 

I realise I am fortunate in that I don't desperately need the money. I believe I am entitled to ESA on medical grounds at support group level and I have sent in an appeal with appropriate doctor's letters etc. However this seems to have vanished into a black hole!

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