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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Incapacity Benefit appeal pending but no payments while waiting?


jigsawpieces
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Thanks for looking at this as so frustrating. Basically on incapacity benefit but after another medical been told that i dont have enought points. I have appealed and have been awaiting for a tribunal date. This has been going on for over six months. What happened that shocked me was that they did not reduce the level of payment they just stopped paying all together. As i assumed the tribunal would not take long although worried i was able to live of the back payment which was a large sum after winning a previous tribunal. (I have won two tribunals) However now that money is gone and i have relied on friends and family to help me with food and bills. I have not wanted to sign on at the jobcentre but now looks i will be forced too although not sure how this will affect my appeal. All the stress has exsparated my condition and have spent nearly every day and sleepless nights worrying about. Is it legal for them to cut all payment to me while waiting for an appeal? Is there anyway i can fight for them to pay me the reduced rate until appeal decision? This is my last chance as in my area it is impossible to get any advice from CAB as they are closed you have to wait months for an appointment.If anyone has been in the same position and have any helpful advice it would be most appreciated. It looks like i will have to attend my tribunal alone with no professional help which is intimidating enough. In the intervening months twice they have said we will look at your case again and then said you will still have to appeal as we agree with the decision. Thanks for reading.

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Hi Jigsawpieces

 

Sorry to hear of your struggle

are you a single person

 

If so you can claim Income Support while your appeal is being heard,

JSA but of course as you are appealing you are not really fit for work,

or ESA

you do not have to go with out benefit.

 

If you have a partner does she work ?

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Thanks for replying. I am single and live alone. I wonder if i can backdate the payment til the time they stopped paying me as i have been using the money i had saved knowing that i would be put through this stress over again. Certainly learn how to be frugal with everything although i'm months behind on some of my bills. I suppose i have been put off with all that bureacracy of going to the social who ask questions i cannot answer as they wont really be resolved until the appeal has gone ahead. Ive had six letters off the housing since december. They are still paying but keep asking me what is happening as if i am in charge of the slow response from the social security department. They have squeezed the last drop of patience out of me. I darent go down there in person to speak to anyone as i think i will really lose my rag. ( I know not a good idea) I have sent them infomation and got reciepts and then two weeks later they ask for the information again.

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

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Thanks no i dont have any of the three listed. No savings the only money i had was the back pay from winning last appeal. I will try income support as i have no choice. I am still recieving Housing Benefit as it seems they cant cut me completely. Will that affect the forms i need to fill in? Thanks for being helpful i wont be able to get the other ESA as my doctor and i dont see eye to eye at all and ive been looking for a new surgery as he told me if i dont like it i can go elsewhere.

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Jigsawpiecies

now you have decided :)

dont forget when you ring the helpline ask for backdating,

what date did you fail your PCA?

well you need to ask for backdating to the day after,

if you dont ask your claim will go from the day you phone up, and you will have to put the request in writing at a later date,

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

 

You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

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You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

 

 

You are very much right Nick. Backdating of JSA is possible for 3 months but only in exceptional circumstances. Jigsaw you can either go for appeal rate IS or make a new claim for ESA (depends if you have sick note).

:-|Impossible is I'M Possible:lol:

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Well problem with GP then jigsaw can try seeing other GP in the surgery or speak to PALS.

:-|Impossible is I'M Possible:lol:

If you think the advice given is useful then show your appreciation by clicking on the scales.

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Thanks everybody. Went down there today after recieving another letter from Housing Office. Sorted them out and was able to pick up an income support form which is the route i will take and try to get money backdated. I know that it will take them weeks to sort out but its better than being in limbo struggling to put money in the electric meter.

 

I will be looking for new doctor/practice but will do one thing at a time. It does actually take a long time to find.

 

Thanks for the help i will let you know how it progresses. I used my friends computer and have bookmarked this website on her computer as she is having lots of hassle too after recovering from hospital surgery. Im sure that she will get good advice on here.

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