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    • If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination. Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore. Andy
    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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NHS appointment was cancelled with Barely 1 hour notice will NHS reimburse me costs?


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I wonder if any one can help me My youngest son was meant to have a peadiatrician appointment today. We live quiet along way away from hospital and don’t have a car so have to rely on public transport.

 

Appointment was a early morning appointment 10.30am had to leave very early to get there. Paid out £12 in taxi fares and £28 in bus fares to get there.

 

When arrived man on reception said appointment had been cancelled as Peadiatrician had to rush back to India.

He said he phoned me at 9.30 am to tell me (1 hour) before appointment at home which was too late as had already left.

 

He did not try ringing my mobile and they do have my mobile no.

 

I feel really angry, that I travelled all that way for nothing wasting £40.

 

We are not well off so £40 is a lot of money to us and can not afford to waste this kind of money. Is there any way that I can get rehinbursed the £40 I’m out of pocket due to there fault.

 

Any advice would be much appreciated

 

Thanks in advance

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Hi

 

Contact the Hospital Reception and ask to speak to Patient Advice and Liasion Services (PALS). (or check that hospitals website to see if there are contact details for PALS)

 

Make a Formal Complaint to them about how you were notified only on arrival at the Hospital that the Appointment had been cancelled as Pediatrician had to rush back to India

and you were informed they called your home 1 hour before your arrival and by public transport due to where you live the journey takes well over 1 hour to get the hospital by Taxi & Bus therefore you would not have got this supposed call saying appointment cancelled as you had already left to make the Appointment.

 

Due to this short notice you wish to reclaim your travel expenses.

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