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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
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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.

      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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I have arthritis, am I entitlied to DLA?


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I am 36 yrs old & was born with a congenital dislocated hip. As a child I attended hospital appointments, as I had years of being in casts. It was established at the age of 11 that I be dismissed from hospital as they could do nothing else for me.

Since then my condition has worseded & I now have arthritis in my lower back & right hip.

I was sent for x-rays from my doctor & it was established that I did have arthritis & I needed physio. Physio, didn't really help as I also have 1 leg shorter than the other (I had no balance when doing the physio) so I was given a heel raise of 1.5" to wear in my shoe & discharged from the hospital's physio department.

I now get incapacity benefit & the last time I had to go for a medical was around 8 years ago (I was sent a medical form to fill in around 5 yrs ago & got a letter back saying they will contact me Dec 2008)

My arthritis has worsened & I now find it uncomfortable during the night & I end up going "walkabout" as it's too painful.

I don't know if I should apply for DLA as back in 1996 my daughter was diagnosed with Leukaemia & turned down! The hospital social worker re-applied again for us & she was finally awarded it.

SO, I'm thinking, if they turn down a child with cancer, what hope do I have with arthritis?

I also suffer with depression, which is related to other issues & my arthritis.

Many thanks & sorry that this is a long post.:)

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Only one way to find out.... ;-)

 

The trick to remember with DLA is to describe every day at its worst. If on one day, it takes you 10 mns to walk to the shop, but the next time, it takes you 20 mns, then you write 20 mns. It is an awful form to fill in, pages and pages of questions seemingly endlessly repeated, so don't try to fill it all in one time.

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The important factor to take into consideration, when applying for DLA is to persist, they have a very high rejection rate for first-time claimant at around 65%. If rejected, appeal, as around 85% of appeals are successful in favour of the claimant. Wherever possible get a social worker or a welfare rights advisor to assist with the application and any subsequent appeals as they know how to work the system to your advantage.

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That's great thanks, I'm thinking that as I have xrays from birth surely there's no getting away from the fact that my condition has worsened. I rely on taxi's & other people for the supermarket etc... somedays my husband or daughter helps me up & down the stairs etc. I've fallen down the stairs twice last month, so I know with age I wont get any better.

Thanks for all your help, I will give it a try. I'll no doubt get knocked back & would've probably never re-applied, so I'll just keep going. Cheers :)

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Just remember that a lot of the "no" at DLA levels very often get turned into "yes" once going in front of the tribunal, so don't be afraid to go to appeal if the turn you down.

 

I went to tribunal with someone whose AS son had been turned down for DLA 4 times, we went to tribunal and came out with middle rate for care and lower rate for mobility, and a £4k backdate on her claim. :-D

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Fully agree with Bookie about putting down how bad you are as opposed to how you cope; I filled out the forms for both of my grandparents, who had also been turned down before. They (like most people I would have thought) didn't want to 'put themselves forward', but I had to convince them that if they didn't put it down on the form, as far as the assessors were concerned their 'bad days' didn't exist. Granddad can walk to the shops slowly on a good day, but on a bad he can just about make it to the end of the garden - therefore you put down something like 'cannot walk more than 10 metres unassisted/without supervision' rather than 'can walk to the shops if slowly' - you need to cover all the situations that your disability would affect in order to get an accurate assessment.

-----

Click the scales if I've been useful! :)

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Hi lisachloe, the thing to remember when applying for DLA care component is that it is the help you need even if you are not actually getting this at the moment, its what help you require. So its important to keep this in mind. For example, getting out of and into a chair, or in and out of bed. It helps if you have medical evidence, which is sounds as though you have and even better if you have doctor, physio details as well to add weight to you application. Details of your depression can also be included in your claim but with mental health issues it is very important to have doctor, health worker details etc as without this it is very difficult to mak a successful claim. Organisations like the Citiziens Advice Bureau can help you complete the forms and also help with any appeals if they are needed. If it is difficult for you to get to a bureau it may be possible for a home visit. Worth a telephone call if you find the application a bit daunting. Good luck

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