Showing results for tags 'rights'.
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Hi everyone (apologies in advance for length), I finished a fixed term contract on Tuesday, and the next day put in a claim for Universal Credit. This is my first time on UC and I have my initial meeting this Monday. I last claimed in April when it was still a case of JSA/separate housing benefit, so having it in one lump sum monthly will definitely be more convenient. However, I do have a couple of minor concerns about what may or may not have changed since UC came into effect. 1) When I was on JSA, one or two members of staff tried to put pressure on me to give access to my Universal Jobmatch account. I wasn't happy to do this for the same reasons as lots of other people - I'm an adult who can and should be trusted to do my own jobsearch and don't appreciate being monitored like a naughty child, so it's mainly out of principle. Also, although I have an account and don't have anything against the site per se, it is not the only method of jobsearching and so wouldn't reflect the full amount of jobhunting I had actually done. Therefore, I prefer to write it all down on paper and was able to quote the necessary lines from the Toolkit to back up my right not to allow access. 2) Again, while on JSA, a different advisor threatened to "take action against me" if I did not lay my jobsearch out in the exact format ("What I will do", "what I did") in the A4 booklet. I preferred to do it like a diary, as this gave me more room to write down every employer I had applied to, whereas he wanted me to cram a week's worth into half a page (it did say to be as specific as possible!). Basically I'd have been writing the same thing twice every week but in different tenses, which is plain stupid. Anyway, I spoke to the Jobcentre manager (again quoting the bit from their Toolkit where it says they can't specify to jobseekers what form their evidence takes) and the manager confirmed that as long I was keeping a record, that was fine and that they do allow flexibility. Now, to my concerns regarding Universal Credit. I notice in my confirmation email about Monday's meeting, it says: "Please make sure you've registered with Universal Jobmatch on GOV.UK and bring your login details with you to the meeting." I'm fuming at this! Even the most militant advisor/coach under JSA never asked me for these! What I want to know is, can I still use those nuggets from Chapter 3 of the Toolkit to defend my right to privacy? I notice they all say "We cannot mandate/specify to a JSA claimant..." I don't want to be caught out by semantics. I know it would be illegal under Data Protection law to do this, but I also know that wouldn't bother some DWP staff. I can't find any evidence this has changed, but can anyone confirm that those quoted sections from the Toolkit are still valid under Universal Credit? I have written them down to take with me on Monday in case anyone gives me a hard time, but need to make sure it's still correct. Thanks in advance. -
Hello all. I bought a refurbished Panasonic plasma direct from Panasonic ebay with 12mths warranty. 16 mths in it has developed a fault I've sent it to a Pansonic approved repair centre at a cost of £300. The set was also calibrated and this will now have to be repeated as the main board has been replaced and all setting lost. Then I wondered what my SOGA rights were and found this: http://www.theguardian.com/money/2006/mar/25/consumernews.howtocomplain Which states "The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase." I don't consider 16 mths reasonable for a flagship TV - however I'd like a 2nd opinion? and does it matter it's a refurb? I plan to write to Panasonic and ask for a refund of the repair plus cost of calibration - are there any templates you guys could suggest using? Thanks as always, Dunnie1 -
If you purchased for instance vehicle prior to the above act being implement and the vehicle required a repair after the Act came into force i.e. December 2015 and the workmanship on the repair was very poor and the fault is still there, are you entitled to request a full refund of the repair within 30 day as it is a new purchase? -
Hi there, I am in need of advice. We bought our daughter an iPad Air from Very on 7th Dec 2013 for £399. In November of this year it stopped working and we took it to Apple who diagnosed a hardware fault and not an operator induced error. He even comment to how good the iPad still looked! We went back to Very at the end of November and asked them to sort it under the SOGA as Apple stated that this was good for 2 years. Very originally agreed to a refund minus a 20% usage fee! This has now been on going for 4 weeks and we still have had no resolution. Yesterday they have now stated that the usage fee is £159! Very will only refund £239 into the account but they have already added £159 usage fee tot he account.... What can I ask for, as all I want is a replacement. I feel that we are being pushed from pillar to post and have made no progress after 10 phones calls and multiple emails. Any help appreciated. Russ -
I'm on ESA and PIP due to severe mental health problems. I live in England and am single. A friend typed this up for me as I'm unable to manage this type of thing usually, but I'm really worried and desparate for some advice. A week ago I had to attend a Compliance Interview at the Job Centre. When I got there it turned out they thought I'd had too much savings in the past, and they wanted to see bank statements. Turns out it was their mistake and the bank statements show I'm in the clear. However, during the interview the Officer became extremely unpleasant and aggressive, questioning me about my living situation. They then insisted that I'd have to come back for another interview. I'm presently homeless, only just got a raise in benefit which will enable me to sort out a place, so they are having a go at me for having too much savings to be homeless- even though I haven't had a chance to sort anything out. They then started to rant about how a friend who I stay with occasionally and am very close to must be my partner (even though we're a male and female and both gay), and then insisted I must return for another interview. The whole process took a big toll on my mental health and has set me back majorly both in terms of my recovery and sorting my living situation. My main question is, do I have the right to bring a friend into the interview with me? Just to provide emotional support. Do they have the right to refuse that? I am trying to get an 'advocate' from Mind sorted, but it might be too short notice. Also, although I've got nothing to hide (as the evidence in my bank accounts shows), I'm very worried about how confused I get about details and keeping track of things- in my last interview it seemed that they were trying to trip me up constantly. I don't want to be in trouble for fraud because I get confused! Can they take my benefits away? Any advice at all would be so helpful. Thankyou very much bones
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I took out a contract via "Mobiles" who are part of carphone warehouse (assumed therefore high street brand and would be just fine). Before taking out the contract I checked out my coverage on O2 at Home and Work. It showed good reception in both areas, great! The mobile got dispatched and a confirmed delivery date emailed to me, so I rang O2 before the order even arrived, and gave them my PAC Code, getting the number transfer setup on the same day as delivery. Perfect. The new handset arrived and my service has been so bad. Today I was in London Victoria with full 4G signal, but the network was so congested Whatsapp would not even connect. At my home address, I only get 1 bar of 4G, often No Service and if I walk around my house on a call it drops out guaranteed. Also at my place of work there is no reception. I use this phone as a work phone and it's important to work there. I had pre checked the signal! I contacted "Mobiles" and as I have used the PAC code, they say I have accepted the handset. They have told me they cannot provide a returns as the PAC has been used and to speak with O2 direct. Even if O2 accepted the return I would lose the £165 downpayment on the handset. What are my rights here? Do I have any or am I stuck with no good service at home and work? I had EE previously which worked fine at all of these locations. I've told Mobiles I will happily take out a contract with EE via them, I don't necessarily want to take my business elsewhere - just want a phone that works and that is not on O2 clearly.
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I'm new here & sorry if I'm posting this in the wrong section. I lost an employment tribunal case and I was ordered to pay £35,000 for an organisation and a union, I'm an individual (employee) and I do not have legal representation. In addition, I do not have the ability to pay as I have been out of job for 1.5 years and I have no assets I wonder what should I do? I know that I can declare myself bankrupt but I want to avoid it if it is possible as it will have significant impact on my career. I have no previous experience or knowledge of what can I do and I would really appreciate your help. -
The Consumer Rights Act 2015 is the biggest shake up in consumer rights law in a generation and seeks to simplify, strengthen and modernise UK consumer law. The act replaces three big pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act. Which? has produced a guide to the main changes in consumer rights which came into effect on 1st October http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#link-1
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Hi, couldn't find an answer to this but apologies if this has been covered before.. I am the owner of a small business and I have purchased an item from a well known online retailer. I wish to return the item I have purchased due to it not being as advertised. they have told me that because I have purchased this for a business that the distance selling rules where the consumer is entitled to a cooling off period do not apply and I am not entitled to return this product for a refund. is this correct? Thanks C22
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UK ruling party’s plan to scrap the Human Rights Act has sparked harsh criticism from the UN arguing that the act would be disastrous for victims of abuses and ruin the UK’s commendable record. UN High Commissioner for Human Rights Zeid Ra'ad al-Hussein said the threat by the UK’s Conservative government to replace the act with a British Bill of Rights would leave many people unable to remedy the abuses they suffer. https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCQQFjAAahUKEwjcgPfEo8XIAhWJXRoKHZYlAHc&url=http%3A%2F%2Fwww.theguardian.com%2Flaw%2F2015%2Foct%2F12%2Fun-official-warns-against-uk-plans-scrap-human-rights-act&usg=AFQjCNHLFJNSZcX3Iq9RMC9HDnAPoPybRg http://www.presstv.com/Detail/2015/1...-UN-criticism- -
A friend of mine has recently bought a used car for 7500 pounds for his company from a used car dealer. 9 days after collecting the car it broke down and has been diagnosed as having head gasket failure, the dealer took the car back and appeared as if he was going to sort it but now has given my friend a estimate of 700 pounds to repair the vehicle. Can anyone advise on what rights my friend has as he bought it in his company name is he high and dry or does he have some possible route for getting the dealer to sort it. Thanks -
"The national interest must come ahead of human rights" David Cameron. But is not human rights central to our national interest? Every year the British Government sell £4 billion in arms to one of the worlds worst human rights abusers, Saudi Arabia. Currently a 17 year old Saudi male faces public beheading followed by crucifixion because he has been found guilty of being involved in sedition in taking part in a human rights riot. David Cameron's Government cut a secret deal with Saudi Arabia last month to be elected onto the United Nations 'Human Rights Council'. Saudi Arabia publicly beheaded over 60 of it's own citizens last year year, flogging, up to 1000 lashes at a time, is common. Woman under penalty of imprisonment are not allowed to drive. The justification for David Cameron in turning a blind eye to these and other human rights abuses is 'We share valuable intelligence with them of people who want to harm both regimes'. As well as Saudi Arabia Britain has just completed trade deals with one of the most prolific Human Rights Abusers. That being China. An example wil be live organ donation/ harvesting from their prison population. ( Falun Gong) The response from the Chinese Government states that the prisoners agree to it. And the UK Government accepts that response What can be more harmful to our reputation on human rights when we ignore them in the name of national security that ultimately undermines our commitment to uphold human rights? No wonder the Tories are so keen to try and dump the European Convention of Human Rights as they have no respect of them. The irony in all of this is that it was a Tory who was instrumental in conceiving the ECHR That being Winston Churchil
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As a small family run hotel and bar business who have been trading for 7 years. A key card encoder which we use on a daily basis for the hotel had recently stopped working, it's fixated in the same position and plugged in by a USB port into a laptop. The encoder was showing no life and when unplugged and replugged back into the USB port it began to give off a smokey smell as if there was a loose connection within the encoder. From this we contacted the seller (NSP Security). We had only purchased this encoder in February. Previous to this we had the same encoder for 6 years and had no issues, the encoders have been used in exactly the same way. Upon contacting them they refused to offer us a replacement even though we needed this on a daily basis loosing trade within our hotel. What they did offer was us to purchase a new encoder costing £575.00 and for us to send back the failed encoder and if they found a fault they would refund the money (£575.00) back to us. We trusted the company as we have traded with them for a number of years, and were willing to do this as we were 100% sure we had no misused the encoder nor was it down to us the user. NSP Security then came back to us with a report claiming we had damaged the encoder and have misused the device. As previously mentioned the encoder is in a fixated position and under no reason have or would we want to damage the device as we rely on the encoder daily. They have refused to refund us the money for the encoder/replace the device. I would appreciate any ideas moving forward.
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I have just seen on the news that a new Consumer Rights Act has come into force, is this replacing SOGA or are the two different things? Sorry for seeming bit dim! lol Sandy xx
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if i sell an item on ebay do i have a contract with the buyer or with ebay? in a nutshell i sold an item, it was damaged following collection ion person. the buyer requested a refund and ebay have given a full refund. the only explanation given by ebay re the item was it was not as described!
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Hi all Wondered if anyone could help re the cancellation of gym membership. LA have been taken over by Pure Gym. As a result of this, my club's pool will be closing on Wednesday so they can fill it in and put more gym equipment in. Essentially this means that the gym will become just another run of the mill cheap gym. I pay through salary sacrifice, and despite sending copies of the correspondence from LA/Pure confirming what is happening, they are refusing to cancel the membership. This is leaving me paying over the odds for a gym I didn't sign up to. The term's and conditions have nothing around this, but surely as the service becomes different to what was originally purchased then there should be a force majeure type clause. I have mentioned I may go to Trading Standards but could do with some advice please guys?
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http://www.lawgazette.co.uk/law/british-bill-of-rights-plan-to-be-unveiled-this-autumn/5050869.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ080915 "The Ministry of Justice today confirmed that it will ‘bring forward’ proposals for a British bill of rights, to replace the Human Rights Act, this autumn." -
Hi, My 75 year old Mam bought a laptop from Argos on 9/2/2015 via their own Store Card, she only used the laptop twice and due to family reasons has been away from her home for a few month. This week when she tried to use the laptop again it will not boot up at all, either the laptop shows the message "Toshiba diagnosing problem" and the screen hangs and the cycle starts again or it requests a HDD password. I along with my Mam took the laptop complete with original packaging and the receipt to the store where it was purchased and that's when the fun began. The 3 staff who eventually dealt with us opened up the laptop messed about with it,kept repeating that it was out of the 30 day period when it wasn't under it in the first place, lied about info on the receipt and disagreed with me about the contract i.e. between my mam and argos and not Toshiba, at first said they would send it for repair then together decided that as printed on the receipt we should contact Toshiba to sort it and Toshiba will give us a ref number, what the heck?? Basically before I lose the will to live what are my Mam's Stat Rights concerning all this please? Any advice to the legal side would be greatly appreciated. I think that it should be Argos that deal with the contacting of manufacturers etc ultimately I want a replacement for this laptop which is defective and not numerous repairs and telephone calls. Will be contacting the customer helpline and would much appreciated the ammo to help me out with it all. Cheers
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My landlord has sent me my utilities invoice and instead of the usual Water and Electricity, the invoice is for 'Use of service media and ancillary rights re lease dated 20th October 2006' Is this correct or is it for something else. There is no such wording in the lease
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I have been offered a full-time freelance role with a creative company in a field I want to work in. But as I'll need to make major sacrifices for it I want to be careful. So would anyone mind clarifying what effect these clauses could have in future, and whether or not they are standard/acceptable? Thanks so much in advance if you can advise (Omissions have been made to keep this brief) [The Contractor] waives their Moral Rights ... in respect of any acts of [the business] or any acts of third parties done with [the business]'s authority in relation to any copyright works produced wholly or partly by them in performance of their duties. Any inventions, writings, designs [etc] made by [the Contractor] individually or jointly, during their engagement by [the business] (or within two years before that time) that can be used in any business of [the business] must be disclosed immediately. [The business] retains full rights to use any such material in any of [the business]'s services. [The business] shall have the right to make the Contractor's services available to third parties and the Contractor will co-operate fully with, and follow all lawful directions and instructions of such third parties. - [The business] shall be entitled to use and authorise others to use the name, likeness, photograph and biographical material of the Contractor in connection with the advertising or exploitation of any project to which the services relate in any format and in any and all media. - The provisions of this clause shall survive the termination of this Agreement for any reason. -
Hello my first time posting here so i hope i have posted in the right place ect. Basically i have been with perfect homes since 2012 and never had any problems, probably because we had never missed any payments. Until earlier this year when i was diagnosed with bi-polar disorder,which has been a very hard and stressful time for me and my family. So i have 2 problems with perfect homes that i would like some advice about 1) i have named my partner on my account and put a password on my account that only me and my partner know, i have done this due to my mental health at times i am not able to handle my own finances and rely heavily on my partner to do so, however they still refuse to let my partner pay my bill? therefore if i am unable to pay it i am ending up in arrears, what can i do about this so they have to let my partner pay on my behalf? secondly we have our own home insurance we had had since 2013 i took my insurance policy down when i first got it and they photocopied it no problem, i also took it again when i renewed my home insurance in december of last year, however i recently (on one of my good days) sat down with all my PH agreements and worked out that we are paying an extra £11 a week for their insurance, so we told them they said they had no record of my home insurance (convient) so the store manager came to our house and took pictures of our insurance policy that was months ago and STILL they havent removed the insurance of our account, when we asked why the store manager said the picture he took of our insurance policy was poor quality and we would have to take the policy in store AGAIN. Now i could be wrong but my thinking here is surely that is not my fault? it is his responsibilty to make sure the picture is of good enough quality and either way he has seen it so he knows it exsists? I know it is only 11 pound but it adds up over all those weeks, we have paid over a 1/3 off our goods, I would love any ideas of how i can get away from perfect homes i have looked at many options but i cant afford even to buy the goods second hand and if i saved up for them we would be without essentials whilst i saved? i understand that it may not be possible to get away from them but im hoping there is something i have not thought of! Any advice would be greatly received. thankyou for taking the time to read this. -
Hi, I was just wondering if the Bill of Rights was of any use? https://en.wikipedia.org/wiki/Bill_of_Rights_1689 It's been likened to the "amendments" that the US statutes have, but does it really have any punch? Cheers, A
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Hi I'm hoping for some advice on returning a brand new car that I have purchased. I'm not sure where I stand legally. I purchased a Kia Sportage just over a week ago . It was paid for from a loan that I got from my bank. Within a day or so of driving the vehicle I started to feel dizzy and quite nauseous. This would develop into headaches . I went to my doctor who went through a series of questions to try and pinpoint what might be causing the dizziness. Finally, he asked me if I'd bought a new car in the past few weeks. He then proceeded to inform me about the level of VOCs in the interior of a new car that when excessive can lead to the symptoms I'd been experiencing. After researching the subject on the internet it turns out that KIA are one of the worst manufacturers for this issue. I phoned the dealership and was told somebody would get back to me. Nobody did. I phoned again and explained I wanted to return the car as I was unable to drive it. I was told the manager would return my call. He did not. This went on for two or three days. Eventually I was put through to the dealership's resolution centre who told me they would deal with the problem. They didn't. I had to phone them today after they failed to phone me back and was told it would be the Area Manager who would decide on the issue and that he would phone me. He didn't. I had to phone him. Quite bluntly and rudely he told me it wasn't their problem, they had done nothing wrong. He had never heard of the VOC problem. I'm really annoyed that I have spent four or five days trying to resolve the issue with the dealership to be treated in this manner. I think it's time I started to put things in writing. Any advice would be much appreciated. It's that noxious that I am just unable to drive the car. My has experienced a similar reaction but not as severe. Thanks
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Hi, at the end of March my elderly parents (85 & 80) visited a caravan show. They saw a mini camper van for sale and my father was quite interested. He had a vision of being able to use it to take my mother, who has terminal cancer for days out. The van was on sale for £23,999. My parents looked around the rest of the show and on their way back as they were approaching the stand were they saw the above mentioned van the salesman had sign with a reduced price of £19,995. In parents words "he told us he was reducing it for the show" My father was attracted by this and signed up to purchase the vehicle and paid a deposit. They did not really have a proper look around the vehicle and salesman didn't offer to show them any of the features or how things worked. The van was on display with the beds made up so my father didn't even have an opportunity to sit in the vehicle. Both my parents need the aid of a stick to walk. Originally my father agreed to part ex his caravan but later decided to withdraw this as he felt he could get a better price. As the vehicle was un-registered the company selling insisted that the balance was paid before it could be registered. My father paid the balance and waited to hear from them. Communication from the company has been poor from the outset. Eventually they confirmed a date for the delivery of Friday 8th May. On the day of the delivery my father had a telephone message to say that they could not deliver because they had not received all the paperwork back from the DVLA. My father contacted the seller and left a message to say that if they planned to deliver the following week he would not be available Tue - Thurs as he had to take my mother to hospital each day. By the following Thurs (14th) he had not heard anything so with his permission I contacted the salesman to find out what was happening. Everything was now in place so a date of 21st May was agreed for delivery. The van was delivered and immediately on inspection my parents & sister noticed a number of defects, scratches, rust etc. On the sales document the vehicle was ticked as being new. Other things transpired that they were not aware of such as the fact that the engine was under the drivers seat. The procedure for elevating the roof very complicated. During discussion with the salesman it was claimed that the vehicle was sold as a demonstration model, something that my father claims not to have been made aware of at the time of sale. On the basis of the defects found my father rejected the van and it was taken back to their premises. After taking advice from Citizens Advise we wrote to them claiming that under the Sale of Goods Act 1979 the vehicle was not as described and not of acceptable quality and demanded a refund of the full amount paid. My father received a very angry response this week claiming that the vehicle was clearly marked as a demonstration model. It suggested that we had accused them of high pressure selling tactics - this has never been claimed in any communication with them. It also claimed that the defects found were minor and that the vehicle is of acceptable quality & fit for purpose. As a gesture of goodwill they have rectified the faults and they are asking him to make arrangements to collect the vehicle. Advise from CAB is that we write back and say we are not satisfied with their reply but I don't know were this will get us. Could we have any claim to cancel the contract under the "off premises contract" regulations? Sorry this is a bit long winded but any help will be most appreciated as this is causing the whole family a lot of stress with both my parents being ill with cancer. thanks -
I can never understand why people stress about some prisoners being able to vote. If we want them to be rehabilitated, then why not give them the right to vote towards the end of their sentence. The ECHR have only said some prisoners should be able to vote and this is being used by some to justify the UK withdrawing from ECHR. Does not make any sense to me. We have enough problems getting people to vote !
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