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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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    • 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.

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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.

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      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.
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      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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Right to see how they arrived at decision?


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My sister has been refused benefits because they think - erroneously - she is earning 130 a week, when in fact she hasn't worked since January. They said they based their decision on her tax return (actress, self-employed). When she asks, that's all they say. She needs to see their detailed calculations and what in the tax return they used to arrive at this wrong conclusion. Can we ask for that? Thanks.

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Hello welcome to CAG.

 

 

WHO??? is refusing benefits? Council or DWP??

 

 

If it's the DWP you can send them a SAR which is free.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I was never a Decision Maker (all new Self Employed claims are referred up to the DM) but I can take a guess at how the decision was made: take total annual profit from tax return, divide by 52, there's your weekly income.

 

 

Anyhow, as Bazooka Boo says, she can make a Subject Access Request for this information, and she can also request a written statement of reasons. What she should not do, though, is allow the time for requesting a Mandatory Reconsideration to expire while waiting for the results of any SAR/request for SoR.

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

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Thank you for your answers. It's DWP. What I don't understand is how they can calculate that money as projected weekly income when she's not earning NOW? They're saying things like 'they don't know how much money she'll earn this year', but she's not employed at the moment! Hasn't worked since January, her last pay-cheque on the 23rd. She didn't even claim until March because she was living on the last of her wages.

 

She is really frustrated. Should she talk to Citizens' Advice?

 

Please help! Thanks.

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  • 4 weeks later...

My sister is an actress. She is therefore Schedule D, self-employed. She only works when she gets a casting, and that by contract. It can last a day, a week, a year. The contracts all have end dates. She has not worked since January, when her contract for a theatre show ENDED.

 

The DWP is refusing to understand her situation. They have used her latest tax return to come to the stupid conclusion that the £19,000 she earned last year is somehow ongoing, and that she is paying herself an average of £120 a week. They don't seem to want to understand that that was LAST YEAR and she is no longer working, although she is still technically self-employed. They just say they conclude that she is a 'on-going' self-employed person.

 

We have appealed and appealed but despite the fact that she has never had trouble claiming before, and they MUST have other actors in the same position and cannot be refusing all actors JSA!

 

What can we do? Running out of money to lend her...

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Threads merged...one thread per issue please.

 

Andy

We could do with some help from you.

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Has your sister requested mandatory reconsideration of this decision? If she has and the result of the MR was not in her favour, has she proceeded to appeal to the Tribunal?

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

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  • 1 month later...
Has your sister requested mandatory reconsideration of this decision? If she has and the result of the MR was not in her favour, has she proceeded to appeal to the Tribunal?

 

Thanks everyone so far, for your replies. Sorry I haven't checked back for a while, but she's been writing letters and stuff and we were waiting to see what the outcome of those would be, plus ... my own life... Anyway:

 

Hi, yes, she is now waiting for the Tribunal, which they say could be in 22 weeks' time! When she asked the Tribunal people for an emergency Tribunal, they refused.

 

This is ridiculous.

 

The CA lady seems to think it's about her not making it clear she is seeking other work while not under acting contract, (she IS actually looking but has very little experience outside showbiz as she's been quite successful as a jobbing actress) therefore not a Jobseeker and not allowed JSA but the DWA is not saying that - they're saying they're basing their decision on this stupid nonsense that the money she earned last tax year means that she's earning the same money CURRENTLY, even though she has not worked since January.

 

The CA lady (Citz Adv) thinks they are concealing their true reason for refusal by pretending it's about the latter, not the Jobseeker technicality.

 

A) Can they legally do that? B) Can they possibly win the Tribunal, when the truth is that she is NOT in work C)or is the burden of proof on them, to prove she IS? D) How can she get a quicker Tribunal date? 22 weeks is LUDICROUS!

 

Any help would be massively appreciated!

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The CA lady (Citz Adv) thinks they are concealing their true reason for refusal by pretending it's about the latter, not the Jobseeker technicality.

 

A) Can they legally do that? B) Can they possibly win the Tribunal, when the truth is that she is NOT in work C)or is the burden of proof on them, to prove she IS? D) How can she get a quicker Tribunal date? 22 weeks is LUDICROUS!

 

Any help would be massively appreciated!

 

 

A) No they can't legally do that, and it's massively improbable that they are doing that. Why on earth would they? What would it possibly achieve? But in any case, they have to tell the claimant why they have denied a claim. That they must do so truthfully is, I imagine, so obvious that no-one really feels the need to state it explicitly. The CAB adviser is way off the mark here.

 

 

B) Yes, she can win at Tribunal. She has a reasonable case. I'm not saying she will definitely win, but this is certainly worth pursuing.

 

 

C) Sorry, I 'm not sure of the answer to that.

 

 

D) Tribunal dates are set by HM Courts and Tribunals Service, not the DWP. If she's looking for an earlier date that's who she'd need to speak to. I wouldn't give her much chance of getting an earlier date, but it doesn't hurt to ask, I suppose.

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

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Thank you all. So, they are, in your opinion, really talking about this nonsense about her last tax year's money being somehow relevant to this year's, even though she's been unemployed since Jan? Ludicrous. She already has ccd her local MP, but maybe a direct letter would help. I don't think she's done that.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Interesting thread !

 

I would think that JSA was declined, due to earnings in the tax year before the claim was made.

 

The claimant should have paid relevant national insurance contributions based on that level of income and then claimed contributory based JSA. I think for contributory, you would have had to pay 26 weeks NI in the last 2 years, before submitting the claim.

 

 

Instead they have claimed income based JSA and been declined.

 

Is Universal Credit now rolled out in the postcode area ? Worth applying for this, but don't put self employed, if not currently gainfully employed. If and when they get an acting job, then to register a change in employment.

We could do with some help from you.

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