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    • 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
        • Like

Benefits and the Law


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Quite often, members ask on CAG what law is used in their claims to Benefit or Child Support. Quite often, people do not know how to find the legislation and a lot of people will pay out money to sites which charge for the information. All of this information is freely available on DWP website.

 

To find a law in relation to benefits, go here and follow the relevant links for the law you are looking for. These are known as the "blue volumes"

 

For Child Support law, go here. These are known as the "orange volumes"

 

If you are unsure how to navigate the law volumes, see navigation tips.

 

Now you can find every law used in benefits/child support and can quote directly from them to support your case, if a decision is erronous on a point of law.

 

 

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In regard to case law, you need to find decisions of the UtT (Upper Tier Tribunal, formerly known as the "Social Security Commisioners").

 

To find decisions of the UtT you can search here or here.

 

Further case law from the higher courts including the Court of Appeal (not the same as an appeal tribunal), and decisions of the Supreme Court (formerly known as the House of Lords) can be found by searching here

 

 

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ALL of this information is freely available. Before you part with your cash I'd recommend having a look through the law volumes and DWP guides to see whether these will help you to address your issue; these are the exact laws and guides that Decision Makers use to make determinations on claims. Further information on internal procedural guidance can be requested via a freedom of information request - also free. Afterall, if benefits are your only source of income, you can ill afford to part with your cash.

 

For any other links on benefit, such as Decision Maker's Guides or useful and free organisations, please view the Benefits A-Z sticky or the useful links/information sticky.

 

There is also a sticky on Appeals and Tribunals, mainly for Incapacity/ESA claims - credit to member honeybee13 who created the Appeals and tribunals sticky.

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 year later...

Statutory Instruments relating to Welfare which have, or are due to come into force this year (2011) are below and their full content can be found on the websites noted above. Please be aware that thousands of new laws are introduced each year, therefore at the time you read this thread, there may be additional laws or amendments in place.

 

2011 No.169, The Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2011 – came into force 9 March 2011

 

2011 No.330 (C.14), The Welfare Reform Act 2007 (Commencement No.13) Order 2011 – coming into force from 11 February 2011

 

2011 No.554, The Pension Protection Fund (Revaluation Amendments) Regulations 2011 – coming into force 31 March 2011

 

2011 No.634, The Social Security (Deferral of Retirement Pensions) Regulations 2011 – coming into force 6 April 2011

 

2011 No.664 (C.23), The Pensions Act 2008 (Commencement No.9) Order 2011 – coming into force from 16 March 2011

 

2011 No.672, The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011 – coming into force from 31 March 2011

 

2011 No.673, The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011 – coming into force 6 April 2011

 

2011 No.674, The Social Security (Miscellaneous Amendments) Regulations 2011 – coming into force from 4 April 2011

 

2011 No.679, The Social Security (Claims and Payments) Amendment Regulations 2011 – coming into force from 1 April 2011

 

2011 No.682 (C.24), The Welfare Reform Act 2009 (Commencement No.4) Order 2011 – coming into force from 9 March 2011

 

2011 No.686, The Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2011 – coming into force 6 April 2011

 

2011 No.688, The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 – coming into force 25 April 2011

 

2011 No.709, The National Insurance Contributions Credits (Miscellaneous Amendments) Regulations 2011 – coming into force 5 April 2011

 

2011 No.726, The Pension Protection Fund (Pensions on Divorce etc: Charges) Regulations 2011 – coming into force 6 April 2011

 

2011 No.725, The Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2011 – coming into force 6 April 2011

 

2011 No.731, The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 – coming into force 6 April 2011

 

2011 No.786, The Social Security (Deferral of Retirement Pensions) (Amendment) Regulations 2011 – coming into force 5 April 2011

 

2011 No.801, The Guaranteed Minimum Pensions Increase Order 2011 – coming into force 6 April 2011

 

2011 No.830, The Social Security Benefits Up-rating Regulations 2011 – coming into force 11 April 2011

 

2011 No.868, The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2011 – coming into force 13 April 2011

 

2011 No.869, The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2011 – coming into force 13 April 2011

 

2011 No.841, The Occupational Pension Schemes (Levy Ceiling) Order 2011 – coming into force from 31 March 2011

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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That way you will attract more attention to your story and get more visitors and more help 

 

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