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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • 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
      • 160 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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  • 2 years later...

I have been reading on a number o threads in this section about people who are struggling to make ends meet on benefits. It is not easy, I know having been on benefits since 2006.

 

There are some things that are available to you, regarding Gas and Electricity, which we all know take most of our money every week/month.

 

1. Most Electric & Gas suppliers have a social tariff, which is generally much cheaper than the standard tariffs.

 

I personally was with Extremely Dear Fuel (EDF) and on their social tariff, I have just recently switched to British Gas on their assisted tariff, which is saving me even more. You can usually find out by just giving your supplier a ring and asking, they don't always publicise their social tariffs.

 

2. If you have found yourself in debt because of hardship, you can apply to various trust funds to help with utility debt. I was £300 in debt with my electricity this time last year. I applied to the EDF Energy Trust Fund and they credited me with £550 to wipe out the debt and leave me on a solid foot for the future.

 

The debt I had with EDF was preventing me switching to a cheaper supplier, as they don't let you switch when you owe them money. A lot of the main suppliers operate these trust funds but they are not well advertised and you need to find out about them. They just about all will help with any utility debt, gas, electric, water, telephone.

 

These things are there and they will help ease your situation but you have to apply yourself, or switch your supplier or ask about social tariffs.

 

So if you are struggling, give these things a go.

 

Also if you are on benefits and have children at school between years 3 to 9, you can get a free laptop and 12 months broadband access. It is called Home Access and is there to be claimed.

 

I hope some of you who are struggling with utility debt can read this and get some help:)

  • Haha 2

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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I have just had a look on www.energychoices.co.uk in the social tariffs section, it lists all the suppliers and their social tariffs. Eon does do a social tariff but it is only open to those customers over 60.

 

To give you and others a better ides of the savings, this is what I pay from British Gas for my Electricity (we are all electric);

Daytime Rates

First 225KW/H = 19.950p

Ramainder of day units = 9.702p

 

Night Rate (0000 - 0700) = 2.479p

 

Our water and storage heaters all charge up during the night rate.

Hope this helps.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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  • 3 weeks later...

Advice Now provides free advice on a range of subjects, including benefits.

 

They have a particularly useful page on how to handle an interview under caution.

 

Additionally, they link to local organisations which may be able to offer free help.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 1 month later...

How about Essential ESA reads

 

The Employment and Support Allowance Regulations 2008 Just about everything ESA

The Employment and Support Allowance Regulations 2008 No. 794

 

ESA Handbook for Heath Care Proffesionals Administering Tests

http://www.cpag.org.uk/esa/mstd_esa_hbk.pdf

 

DWP Decision Makers Guides (Chapters 8 & 9 are ESA specific)

Decision Makers' Guide - DWP

 

New ESA Points System Review coming in Oct 2010

http://www.dwp.gov.uk/docs/work-capability-assessment-review-addendum.pdf

 

A-Z of medical conditions - DWP

 

Employment and Support Allowance - how to claim

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/DG_172014

 

^^^ if you scroll down the page there is a link for an "Interactive Claim Form" Very handy as you can save it to your PC & then play around with it as much as you like before completing the final one.

 

It maybe worth a mod edit to categorise and put all links into a single 1st post which following posts can suggest links add to on mod approval?

 

p.s. Sorry to create you more work but it would help :-) Alsso some of the links in previous posts are dead :eek:

Edited by speedfreek
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This is a very good link too from the Centre for social justice it contains links to some very good publications including one called Dynamic Benefits: Towards Welfare That Works.

 

This was edited by the then Rt. Hon Iain Duncan Smith MP now the work and pensions secretary.

 

The Centre for Social Justice - Publicationshttp://www.centreforsocialjustice.org.uk/client/images/swf/CSJ%20dynamic%20benefits%20pp1-151.pdf

 

http://www.centreforsocialjustice.org.uk/client/downloads/2_CSJ%20Dynamic%20Benefits_PartIIandIII.pdf

 

http://www.centreforsocialjustice.org.uk/client/downloads/3_CSJ%20Dynamic%20Benefits_AppendicesToEnd.pdf

 

http://www.centreforsocialjustice.org.uk/client/downloads/CSJ%20Dynamic%20Benefits%20exec%20WEB%20NEW.pdf

 

Enjoy the read it is quiet an eye opener of things maybe to come under this coalition government.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 2 weeks later...
  • 2 weeks later...

Here's a few on-line benefits calculators.

 

HB and LHA rates vary by regions known as "Broad Market Rental Areas" (BMRAs), therefore it is important that you also check on your own council's web-site's benefit calculator.

See "Check your eligibility for housing benefit" below.

Directgov: Check your eligibility for housing benefit

 

DWP and HMRC benefits and credits:

Benefits adviser service : Directgov - Do it online

 

Alternative "benefits search" c/o "Turn to us":

Benefits Search

 

The LHA-Direct website has been developed to enable tenants renting accommodation from a private landlord to calculate the possible amount of Housing Benefit available to them from their Local Authority.

https://lha-direct.voa.gov.uk/Secure/Default.aspx

Still waiting for your blank ESA50 form to arrive? they can be downloaded from the web, however don't be too hasty to send it off - I say this because ESA is biased to fail claimants and shove them onto JSA, it's a cost saving exercise pretending to be something to help and support us.

 

Please read this thread before you fill in the ESA50:

How important is the ESA50 & supporting evidence?

 

There are also some helpful fact-sheets here c/o Disability Alliance:

 

Edited by loan_ranger
improved links

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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  • 3 weeks later...

Welcome - www.energysavingplug.co.uk

 

CAG has altered the link check it extra space in .co.uk remove

 

 

Claim Your Free Plug Using Code: DIR0004004

 

 

Switching off your electrical items just got easier with the LIME energy saving plug. This intelligent plug provides total shutdown in one easy click via your remote control

 

(useful for those of us unable to reach plugs and sockets!).

 

To claim your FREE LIME energy saving plug someone in your household needs to be aged 70 or over

Or if you are under 70 but you or someone in your household receive one of the following benefits you are eligible to claim a free plug:

 

* Attendance Allowance

* Council Tax Benefit

* Child Tax Credit (with an annual household income of no more than £16,040)

* Disability Living Allowance

* Disablement pension (must also be in receipt of Constant Attendance Allowance)

* Housing Benefit

* Income Support

* Income-based Job Seekers Allowance

* State Pension Credit

* War Disablement Pension (must also be in receipt of Mobility Support or Constant Attendance Allowance)

* Working Tax Credit (with an annual household income of no more than £16,040)

* Income-related employment and support allowance.

 

Claim Your Free Plug Using Code: DIR0004004

 

only One Plug Per Household

  • Haha 1

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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  • 2 weeks later...

This is their entry on the Information Commissioner`s Office register.

 

 

Registration Number: Z6148679

Date Registered: 07 December 2001 Registration Expires: 06 December 2010

 

Data Controller: ATOS ORIGIN IT SERVICES UK LIMITED

 

Address:

NO 4 TRITON SQUARE

REGENT'S PLACE

LONDON

NW1 3HG

Other Names:

SCHLUMBERGERSEMA

BR BUSINESS SYSTEMS

SEMA UK LIMITED

ATOS ORIGIN MEDICAL SERVICES

ATOS HEALTHCARE

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Not sure if this has been posted before, but if your claim involves back pain, these docs may be used for reference, being a report by the Faculty of Occupational Medicine (Royal College of Surgeons) on back pain, and prospects of returning to work etc.

Elsa x

backs3.pdf

backs2.pdf

backs1.pdf

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  • 3 months later...

 

excellent link thanks - struggling with a dla problem currenlty - I have been advised that once you have requested a decsion 'be looked at again' you basically have time after that new decison to appeal?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

Freedom of Information Requests to DWP

 

The Freedom of Information Act (2000) is a useful way to get information from the DWP. You can make requests online using the WhatDoTheyKnow website:

 

http://www.whatdotheyknow.com/body/dwp

 

So far there are more than 600 requests to the DWP on the site, together with the answers from the DWP. If you want to make a request, read the Help pages first:

 

http://www.whatdotheyknow.com/help/about

 

It's worth browsing this site to see the kind of FOI requests that have been made (some eccentric and some provocative). The DWP does not charge but will refuse requests that would cost them too much time to comply with.

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  • 3 months later...

Handy link.

Did you also post this in benefits forum ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have before Martin - I created a post on it last week.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 2 months later...
  • 3 weeks later...
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