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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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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 
      • 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
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Properties should be assessed against the decent homes standard. If they fail to meet the standard then work should be carried out to bring the property up to at least the required standard.

 

If the property meets the standard there is no obligation to carry out any works.

 

The Government has changed the funding recently though so I think a lot of organisations will be finding it hard to do all the work required or to keep to their current programming.

 

For instance the ALMO I work for had been promised all the money we needed and the program was due to be completed by the end of 12/13. However, because of the changes made we had to reapply for funding. We have now not been given the full amount we need, the amount that has been given is now stretched over 4 years (I think) so we can't complete the work in the next 2 years as was planned and only the funding for the 1st 2 years is guaranteed at the moment.

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Properties should be assessed against the decent homes standard. If they fail to meet the standard then work should be carried out to bring the property up to at least the required standard.

 

If the property meets the standard there is no obligation to carry out any works.

 

The Government has changed the funding recently though so I think a lot of organisations will be finding it hard to do all the work required or to keep to their current programming.

 

For instance the ALMO I work for had been promised all the money we needed and the program was due to be completed by the end of 12/13. However, because of the changes made we had to reapply for funding. We have now not been given the full amount we need, the amount that has been given is now stretched over 4 years (I think) so we can't complete the work in the next 2 years as was planned and only the funding for the 1st 2 years is guaranteed at the moment.

 

 

 

 

Thanks for your reply, my question relates to say if the tenant did not wish to have the works done, is there any legal obligation to have it done. I have been told by two different depts of the same council two different answers so really would just like to know one way or the other. many thanks..

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Why do you not want the works done?

 

The Council has a duty to maintain/repair their properties so if this work is needed I don't think they will be able to just accept that you don't want the work done.

 

I know the ALMO/Council I work for has had to take legal action in the past against a few tenants who have refused to have works done/not allowed entry to workmen.

 

Most, if not all, Councils will have a clause in their tenancy agreement and leases that states something about the tenant/leaseholder must allow repair works to be carried out, etc.

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Why do you not want the works done?

 

The Council has a duty to maintain/repair their properties so if this work is needed I don't think they will be able to just accept that you don't want the work done.

 

I know the ALMO/Council I work for has had to take legal action in the past against a few tenants who have refused to have works done/not allowed entry to workmen.

 

Most, if not all, Councils will have a clause in their tenancy agreement and leases that states something about the tenant/leaseholder must allow repair works to be carried out, etc.

 

 

 

 

 

 

I could understand wiring which would be a safety issue but say we are talking about an upgrade on a kitchen and baring in mind this could take approx two weeks with work men going in and out all the time.

 

For some people this might prove to be quite stressful and rather be left with what they have than go through any upheaval, hense the legal question..

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Hello,

 

I can advise that whilst it would be in your best interests to have the work done, you do have the option to decline. The only thing that you have to allow access for is the stautory work i.e. Gas Servicing. Failure to allow thsi will result in court action!!

 

In my experience it would be rather draconian for the landlord to insist that you have the work done, what they should perhaps do is advise you of the benefits of having the work done, for example explaining that the house will be more nergy efficient, warmer, safer, that the new kitchen will be more user friendly and comply with the HHSRS (Housing health and safety rating system) and remeber you have a choice what colour and style you would like, so the benefits far outway the dis-advantages. But to answer the question they cannot force you.

 

Hope this helps.

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Hello,

 

I can advise that whilst it would be in your best interests to have the work done, you do have the option to decline. The only thing that you have to allow access for is the stautory work i.e. Gas Servicing. Failure to allow thsi will result in court action!!

 

In my experience it would be rather draconian for the landlord to insist that you have the work done, what they should perhaps do is advise you of the benefits of having the work done, for example explaining that the house will be more nergy efficient, warmer, safer, that the new kitchen will be more user friendly and comply with the HHSRS (Housing health and safety rating system) and remeber you have a choice what colour and style you would like, so the benefits far outway the dis-advantages. But to answer the question they cannot force you.

 

Hope this helps.

 

 

 

 

 

 

That was vey helpful, thank you. What I am finding is the implication that it is all a legal requirement and yes the upgrading of the wiring I accept might be. I don't object to any one telling me something is the law but I do object when information requested to confirm what legislation is being refered to, it often goes quite. All i wish is correct information to make an informed decision. What's wrong with that I would like to know..

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  • 2 weeks later...

Hi,

 

Just a quick note about what happened with me and getting work done. They sent a letter out to all of us saying they wanted to come in inspect the house to see what work needed doing and wanted to paint the outside.

 

My father in law was very ill at the time so we said we were unavailable then, but can rearrange. We didnt hear anything. My father in law sadly passed away and on the day of his funeral workmen were painting the houses accross the road. They told us they would have to look at our house. We arranged then and there for someone to come round the next day. We didnt hear anything again about it.

 

Im not impressed now as our house looks horrible compared to the nicely painted houses down the street.

 

So our council doesnt take people to court otherwise we would have gone.

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Hi,

 

Just a quick note about what happened with me and getting work done. They sent a letter out to all of us saying they wanted to come in inspect the house to see what work needed doing and wanted to paint the outside.

 

My father in law was very ill at the time so we said we were unavailable then, but can rearrange. We didnt hear anything. My father in law sadly passed away and on the day of his funeral workmen were painting the houses accross the road. They told us they would have to look at our house. We arranged then and there for someone to come round the next day. We didnt hear anything again about it.

 

Im not impressed now as our house looks horrible compared to the nicely painted houses down the street.

 

So our council doesnt take people to court otherwise we would have gone.

 

 

 

 

 

 

My further thoughts on it is that no doubt it would cost any council money to take such action..

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