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    • 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…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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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
      • 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
        • Like

Information to provide when asking benefit questions


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Hi, and welcome to the CAG Benefit Forum. Here's a brief guide to the sorts of information posters here will be looking for to help give you prompt and accurate answers to any questions you may have. You may not know, or be unsure about, some of the things listed. That's OK, but the more information you can give the better. Not every question will be relevant to everyone, of course - this is just a general guide. Take care to post nothing that will allow you to be identified in the "real world".

Which benefit are you claiming?

 

For example, Jobseekers Allowance, Employment and Support Allowance, Child Tax Credits etc. If you're unsure, please let us know the basic reason why you're claiming: are you out of work, sick, looking after someone full time etc.

 

If you know whether your benefit is contributory or income based please tell us, as the rules for each type can be very different.

 

If you're not currently claiming a benefit but are enquiring about what might be available in your circumstances, many of the questions listed here will still be relevant. Please also see the questions in the section below.

 

If your query relates to non-receipt of a payment you expected, when did you expect the payment?

 

If you have contacted the DWP or other paying agency regarding this, what explanation (if any) did they give?

 

 

If your benefit has stopped because of an adverse outcome decision, have you requested a reconsideration or appeal?

 

Examples of adverse outcome decisions:

 

  • You are claiming ESA because you are sick. The DWP has determined that you are fit for work.
  • You are claiming JSA because you are looking for work. The Jobcentre has decided that you are not doing enough to find work.
  • You make a claim for a Personal Independence Payment because you have a disability that means you need extra assistance in getting around. The DWP has rejected your claim for benefit because it says your needs do not qualify; or the DWP has made you an award at a lower rate but you believe you should qualify for a higher one.

Where do you live?

 

We don't need your street address or hometown or anything like that. At the very least, please tell us whether you are in England, Wales, Scotland or Northern Ireland, as there are some small differences in the way benefits are processed. This is especially relevant if you are in Northern Ireland. If your question relates to Housing Benefit or Council Tax Benefit, it might be helpful if you felt able to say which council area you live in, but if you'd rather not, we fully understand.

 

If you currently live outside the UK and are enquiring about benefits available to non-residents or to returning expats, please let us know.

 

If you are not a UK citizen, please tell us your status.

 

For example, are you a citizen of another EU country? Do you have Indefinite Leave to Remain? Or some other immigration status?

 

Do you have a partner?

 

This means someone (of the same or opposite sex) to whom you are married, or with whom you live as if you were married. If you do have a partner, does he or she work or have any other source of income?

 

If you are worried about a fraud or compliance matter, have you been asked to attend an Interview Under Caution (IUC)?

 

If this is the case you will have been informed in writing, and the letter should clearly state that it relates to an IUC.

 

Finally, please tell us any steps you've already taken to resolve the problem: phone calls, letters you've written and so on. This will help make sure we don't advise you to do things you've already done.

 

-------------

 

If you are enquiring about what benefits may be available, here are some additional questions:

 

How old are you?

Do you currently work? If so, how many hours per week?

Have you worked and paid National Insurance Contributions (sometimes called "stamp") in the last few years?

Do you own the place you live? If you rent, do you rent from the council, a housing association, or a private landlord? Is your landlord a close relative?

Are you fit for work and looking for work?

Are you unable to work because of illness or disability?

Do you have savings over £6000? Over £16,000?

Do you have any disabilities?

Do you have any children? If so, how old are they? Are you a lone parent?

Do you care for anyone for more than 35 hours per week? Does anyone care for you for more than 35 hours per week?

 

Again, if you're unable or unwilling to answer all of these questions, that's fine. Just tell us as much as you can.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Dear all,

 

If anyone has any suggestions for changes or additions to this post, please feel free to post them here. I'll leave the thread open for posts for a few days, then I'll remove any discussion posts and lock it down to keep things neat.

 

The idea here is to cover the information that is, if you like, "most omitted" from OPs.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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You could add a link to the benefits advisor..

 

There could be questions about the severely mentally impaired payment . (Not all Local authorities advertise this form). Or the enhanced disabled payment.

 

Then you have the winter warm payments from the utility suppliers, currently £145 per year if in receipt of certain benefits. To name but a few. Finally do you rent off of a close relative...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thanks guys! I've added questions about savings and being closely related to the landlord.

 

I haven't covered severe mental impairment or the winter warm payments. I'm trying to keep the post as a basic guide to the "follow up" questions that people most often have to ask when answering a new OP. Things like those would probably fit better in a "Benefits FAQ" type thread. Every so often I think about trying to write one of those, but so far I haven't managed to come up with anything that isn't approaching "War and Peace" length. :-)

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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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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