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Found 106 results

  1. I'm about to buy a (relatively) low cost item from a small-time online manufacturer who usually sell in large quantities to tradesmen. They have applied a 'low order fee' to make my order up to £50. Are they allowed to do that? (I suspect yes). I noticed in the Shopping Basket breakdown that VAT then also got applied to this fee - are they allowed to do that? Thanks.
  2. I am a litigant in person in civil court and the defendant has just informed me by email that they have accepted my part 36 offer. They are days out of time and did not complete the form that accompanied the part 36. They want my costs. Pls, could someone tell me what is the next step? I have researched the internet to no avail. Do I discontinue? If yes on what form? I have come too far to fail now.
  3. Hello everyone Unfortunately, my husband has gone and got himself another PCN. This time it's one that was stuck on his car I haven't seen any photos of the situation yet - I think they will be uploaded tomorrow at the earliest as he only received the PCN today. I was trying to upload the pdf but this website says that I have the incorrect file extension Is anyone able to help me understand what I've done wrong? I tried following the instructions about uploading files. Thanks
  4. I will do my best to ask my question without making it too complicated. I have 14 separate diagnosis. I live currently in the home I raised my children in, which was recently transferred from the council to a housing association. All my children have left home. I have carers coming in to help with personal care and domestic tasks and taking me out into the community, i.e. shopping, coffee out, for 7 hrs per week, the remainder of the time I am at home, in doors and extremely lonely. It is having a real impact on some of my diagnosis. I have a friend that is returning from outside the UK after 14 years and they are hoping to return to their home town in Yorkshire. I live in the south east and I would like to be able to share a 2 bedroom flat or house with him in Yorkshire for companionship. There is no relationship other than friends between myself and this person who happens to be male. We have known each other for 33 years. At home I feel as if I am just waiting for the inevitable....I have social services involvement but what I want to know is this....Is it possible to move to Yorkshire and move in with a friend that would for my benefit reduce the amount of care I would require, reduce and potentially stop some conditions from occurring and have a normal happy life as much as possible, without being accused as him being my partner? Thanks
  5. Hello all, Posting on behalf of a work colleague. Have passed them site details and suggested they register themselves. The person in question works as a cleaner for a third party company who have a contact with our business. Our business is part of a much larger group who are currently restructuring. As part of the restructure, our business is moving from its current facility to a new shared site along with other parts of the organisation. For this reason our contract with the cleaning company is due be terminated. This now leaves the cleaner, who has 8 years service at this site, all be it possibly with differing cleaning comapanies. By this I mean that although the contracted agent has maybe changed it has always been the person holding the position and performing the duties. They have essentially moved with the contact. They have now been informed that once the closes they are basically redundant. It is also being claimed they they are not entitled to any redundancy as it not them, her employer (cleaning company) who are making them redundant but us as we the ones moving site. No other positions are available for them to be relocated / transferred to. What are their rights in this case ?
  6. Can someone answer this please as a part-time worker if you ask for time off for a hospital appointment are you expected to make up the time lost? No contract of employment in place.
  7. Dementia risk now included as part of NHS Health Check READ MORE HERE: https://www.gov.uk/government/news/dementia-risk-now-included-as-part-of-nhs-health-check
  8. Hi, when the whole PPI claim thing started i didn't really think i could claim on this account, but here are the details. I had an Egg card 8 or more (not sure) years ago which started around £500 limit, i had PPI, and they kept raising the limit until about 6 months down the line i had a £3000+ limit, anyway i abused this and got to a point where i couldn't pay off even the minimum monthly payments, so charges and interest grew until the balance was £10k, i told them i couldn't pay this and reached an agreement for a one time payment of £3k to close the account. Would it be possible to claim PPI on this account? I don't know if i have any old statments on the account as i think i threw them when it closed.
  9. Dear team No matter what I do I cannot post this to your consumer forums online as you won't verify my email which I do not find in the spam folder or any other folder, it is not being sent. Council tax liability order was received after I received a notice to quit from my landlord on July 31st 2017 at [address removed]. At this time I was considered homeless by the council and I have attached all forms to prove it. The agreement shorthold assured tenancy states at 3b that all council tax as might apply to the rental of the room at flat [address removed] will be paid by the landlord as included in the rent, it is signed by both of us but the council says it does not stand and that I owe the tax for the room that is let to me at the property owned by my landlord and where he and his wife also are in residence as the owners of the property. The room has its own cooking facilitys and toilet so not share with rest of house though there are common areas such as the hall. The council tax liability order is dated to 20th august 2017 but i have a tenancy agreement with the council for [another address] from the 14th august 2017 which I prove (attached) There is no case number as it is just part of a batch assignment at bristol magistrates court for the 21st march 2018, there being no court to attend. The senior local taxation officer as Mrs F addresses none of the points I make to her and neither does any council office. They have advised me that I may appeal to a tribunal service but is that the best way forward here.? It seems wrong to me that they can do this in view of all the circumstances with even the dates wrong on the liability order itself, but because there is no court case I can appear at they seem to be able to dictate PRETTY MUCH ANYTHING THEY LIKE WITH NO RECOURSE TO ANY FACTS, AT ALL. The council tax officer states S.6 of the local government finance act 1992 makes my tenancy agreement with my landlord void?
  10. Hi If a case has been issued using part 8, but a court rules part 8 is not suitable and that it should go onto part 7. The party has paid a fee on Part 8 that is substantially lower then it would be on a part 7 claim (4.5% of the amount claimed as its a large amount) Should the court be asked that the claimant pay the correct fee. ( An order has been produced which makes no mention of the fee) Is it worth bringing it to the courts attention, ? Any suggestions welcome
  11. Hi I wonder if I can get some advice please? I part own a property 30% me 70% estranged father in law It’s been a messy business but I just want done with it now and need to figure out the best way to end all ties Can anyone tell me how I go about getting my share of the property and my name removed from anything to do with this vile man? Thanks so much for your time
  12. Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office.
  13. My son has a Mk 4 VW R32 ,( Fast Golf ) and as well as being a long term project in keeping it standard and in tip top condition ,it is also a money pit , but he loves the car . His latest project came about because of a leak from the sun roof ,. The leak caused staining and other damage to the head lining ,so having replaced seals to the sunroof , using the cars VIN number he ordered a new headlining , which was special order from the factory The replacement head lining material is not a match to the rest of the interior trim ,” A” posts “B” posts and sunroof inner panel etc , VWs answer is that there may have been a specification change to the head lining , and could not guarantee that if he ordered the rest of the interior trim it would match the finish of the headlining . Here is the crunch ,due special order , VW will not accept return , even though there is a mismatch with existing interior trim . There was NO indication on the official VW parts list the dealer used to order the headlining to indicate that there was a change in specification or material type ,so at present my son has shelled almost £400 for a useless part . Not fit for purpose ? or any other reason we can persuade VW to accept return. It is a awkward situation as my son has ( up to now ) a good relationship with the dealership , having bought many parts to keep his pride and joy looking its best .
  14. The following is a copy of a very recent decision from the Local Government Ombudsman. This particular decision is a vitally important one as it refers to the correct procedure that should be followed if an individual has had his goods taken to settle another person's debt. In almost all cases, the goods in question would be a motor vehicle. PS: As the decision is very lengthly, I have split it into two separate posts. London Borough of Ealing (15 016 609) Summary: The Council’s enforcement agents were not at fault when they seized Mr X’s car to recover an outstanding penalty charge. But they failed to advise Mr X of his right to make a claim under the Civil Procedure Rules. The Council has agreed to take the steps recommended to remedy the injustice caused. The complaint The complainant, whom I shall call Mr X, complains that enforcement agents acting for the Council removed and eventually sold his car to pay for a debt which related to the previous owner. Mr X says he provided the Council and enforcement agents with proof he had bought the car in good faith but they did not accept it. Mr X would like the cost of the car refunded. He would also like the Council to reimburse him for the cost of possessions he lost when the enforcement agents seized the car and the hire car costs he has since incurred. The History The car referred to in this complaint was formerly owned by Mr Z – who previously lived at the same address as Mr X. The Council issued a Penalty Charge Notice (PCN) to Mr Z. When Mr Z did not respond to the PCN, the Council obtained a court order which allowed its enforcement agents to recover the money owed. On 10 September 2016 the enforcement agents issued Mr Z with a Notice of Enforcement (NOE). This told him that enforcement action had started and gave him 14 days to settle the balance or agree a payment plan. Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (“the Act”) says that once enforcement agents issues an NOE, the goods of a debtor are “bound”. This means the debtor cannot sell them or give them away. But Schedule 12 of the Act says that if a person buys goods from a debtor which were bound, they can keep them if they can show they obtained the goods: in good faith;for valuable consideration (normally money but can be something else of value); andwithout knowing the belongings were bound. Mr Z did not respond to the NOE and on 28 September 2016 enforcement agents visited his home address. The car was parked outside his home address and the enforcement agents took control of the car. When enforcement agents take control of goods they are deciding which goods they can sell to meet the person’s debt. Once an enforcement agent takes control of goods they are known as “controlled goods”. Enforcement agents will not always remove controlled goods straight away. The enforcement agents posted an inventory to Mr Z’s home which said the car was now controlled goods. They also affixed a notice to the car. To stop the enforcement agents removing the car Mr Z needed to pay the outstanding debt. Mr Z did not respond and the enforcement agents returned to his home on 03 November 2015. They clamped the car and posted a letter to Mr Z asking him to make contact and settle the debt or they would remove the car. On 03 November 2015 Mr X emailed the enforcement agent. Mr X said he bought the car on 20 September 2015. Mr X provided a copy of a handwritten receipt for £3000 and a copy of the “New keeper’s details” section from the car’s V5C (its registration document). When someone buys a car they keep this section and the seller sends the rest of the V5C to the Driver and Vehicle Licensing Agency (DVLA). The DVLA then issues a new V5C. Mr X also supplied an email confirmation from the DVLA which showed they had been notified using its online service that he was the registered keeper of the vehicle. The DVLA’s online service is relatively new. On 05 November 2015 the enforcement agents visited Mr Z’s home address and removed the car. The enforcement agents had not heard from Mr Z and they did not consider Mr X to have provided sufficient evidence he had bought the car. Mr X emailed the enforcement agents on the same day. He explained he had paid £3000 for the car on 20 September and had already spent £1100 on maintenance. Mr X gave them two days notice and said he would then be seeking legal advice. On 09 November 2016 the enforcement agents emailed Mr X. They set out the events to date and said that “The evidence you have provided to date is a handwritten receipt on a page out of a diary and the new keeper supplement for the logbook. Neither of these documents prove ownership of the vehicle.” The enforcement agents did not make reference to the email from the DVLA Mr X supplied. The enforcement agents also said “We notice the vehicle has remaining [sic] untaxed since 20/09/05, it is illegal to keep an untaxed car on a public highway.” The enforcement agents concluded by saying “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle...As you live at the same address as Mr Z we strongly suggest you decide between you who will be setting the balance as the vehicle will be released to auction on 19 November 2015.” Mr X replied on the same day and said he had “instructed [his] solicitors to take this matter further.” On 19 November 2015 the enforcement agents emailed Mr X and explained they would sell the car at auction unless they received payment. They did not receive payment and the car was sold. In January 2016 Mr X complained to the Ombudsman. Because the Council had not considered Mr X’s concerns through its formal complaints process the Ombudsman asked it to do this. The Council provided formal responses to Mr X as follows: The Council was therefore satisfied the car was transferred while a warrant was held against it. If the car had been transferred at the beginning of September then the DVLA would have issued a V5C earlier than the beginning of December. If Mr X remained unhappy he could complain to the Ombudsman. Was there fault causing injustice? The Ombudsman is not an appeal body and does not retake decisions which were properly made by a Council (or parties acting on its behalf). The Ombudsman’s role is limited to checking if there was any fault in the way a council made a decision. If there was no fault or flaw, the Ombudsman may not, by law, intervene in the judgment reached by a Council. This is the case even where the Ombudsman may have given different weight to a piece of evidence or reached a different decision on the same facts. I do not consider the Council’s enforcement agents were at fault when they seized the car Mr X says he bought from Mr Z. This is because of the following: Mr X says he bought the car on 20 September 2015. This was after the enforcement agents issued the NOE and when the car became “bound”. The enforcement agents took control of the car on 28 September 2015 but Mr X did not contact them until 03 November 2015 when they clamped the car. Mr X showed the enforcement agents an undated handwritten receipt and an undated “change of keeper” section from the V5C. Mr X says he bought the car in good faith, for valuable consideration, and without knowing it was bound goods. Mr X also sent the enforcement agents an email from the DVLA showing he had told them he was now the registered keeper. I note the enforcement agents did not directly refer to this in their email dated 09 November 2015 – they simply mentioned the undated documents. But they did also say “we are satisfied that all you have done is changed the registered keeper with the DVLA to avoid seizure of the vehicle.” They also noted the vehicle was not taxed from 20 September 2015. A vehicle’s tax is automatically cancelled when the DVLA’s online system is used to register a change of keeper. I am therefore satisfied the enforcement agents did take into account all of the information provided by Mr X. But they did not consider Mr X to have provided enough supporting evidence that his purchase of the car was genuine. This was a decision they were entitled to take and meant they were entitled to seize the car. I also note that: Mr X did not provide the enforcement agents with any proof of insurance from 20 September 2015. Arranging insurance is normally the first thing a person does when they buy a new car. I asked Mr X about this and he said his insurance company needed a copy of the V5C before they could insure it. This is not normal practice. Mr X did not provide the enforcement agents with any evidence he had withdrawn money from the bank to pay for the car. As part of my investigation I asked Mr X about this. He said he borrowed the money from his brother and repaid it instalments. In response to my enquiries Mr X told me he sent the Council a revised V5C in late October / early November. The Council did not return it and so Mr X had to apply for a duplicate – this is why the V5C he has was issued in December. Mr X cannot provide proof he sent the V5C in late October / early November and the Council says it has no record of receiving the document. It is not possible for the Ombudsman to establish exactly what happened. Mr Z did not provide any evidence in support of Mr X’s case. Mr X sent me bank statements for October, November and December 2015. These show payments to the DVLA each month with a reference number which matches the car’s registration number. Mr X says these payments were for the car’s vehicle tax. But there is no evidence Mr X showed this evidence to the enforcement agents. For the reasons set out above I cannot uphold this part of Mr X’s complaint. This decision should not be seen as setting any precedent about what constitutes evidence of ownership. Each case should be considered based on the evidence provided and the particular circumstances of the case.
  15. Hi, I'm in the Support group for ESA, was on Contribution based Incapacity Benefit from 2003, transferred to ESA without a medical in 2013. Was also on DLA high rate Care and Mobility from 2003, transferred to PIP in 2016 (downgraded to Standard Rate by an one of the 'trusty' so-called HP's !). My query is this, I have been thinking about coming off ESA as I've been offered part-time work (16 hrs a week) at a sitting down job (I have mobility problems) and can claim Working tax credit. Question 1) I would obviously write to DWP to say I want to come off ESA, but do I have to give a reason and has anyone on here ever done this ?. Question 2) If anyone HAS done this, has it affected their PIP?. I've scrutinized the PIP rules and nowhere does it state that they have to be informed if one started work, they only need to be informed if a health condition worsens or improves. I would be financially a lot better off if I did do the part-time job, claimed WTC and came off the ESA so obviously wish to do so. Any help appreciated.
  16. Hi guys, I was hoping that someone would be able to help me. I currently claim carers allowance for my disabled adult son. I was thinking about doing a part time course through the OU. The course is pay time and I could apply for a part time study loan to pay the fees. I don't claim any out of work benefits but I do claim child benefit and child tax credit for my 15 year old son. My question is can I continue to claim carers allowance and apply for a part time study loan to pay for the course fees? Thanks Me x
  17. hi, i'm joined a community and they want everyone to sign a doc which i personally think is a bit OTT also leaves me very vulnerable to be sued and kicked out at the drop of a hat. some advice around how legit this doc is and whether someone could actually sue me based on it as i am not sure a judge would see the terms as reasonable. the doc is attached thanks!!!!! contract.pdf
  18. Hi, I was visited today by two bailiffs form the company Court Enforcement Services Limited pertaining to the payment of a business electricity bill. I had not received a letter or other warning of the visit which was to my home address and not the business address. My residential address is used as the registered office of the business, hence their knowledge of it, however it is not my property (it is jointly owned by three family members.) I was upstairs at home when the bailiffs entered via the unlocked back door (I believe this is their right?) They told me that they would be taking £3367.58 (they didn't give this exact figure initially) worth of goods or money for enforcement of a High Court writ for the electricity debt of £2300. During our interaction the bailiffs referred to themselves as "The Court Enforcement Service" which I think is deceitful and an attempt to portray themselves as officers of the law rather than employees of a limited company, which is apparent form the documentation they gave me before they left. I asked for some documentation pertaining the the Order or Writ that they were carrying out and was shown an illegible document on the screen of a phone which was heavily cracked. They had no other paperwork to offer. They asked me (more than once) if I was refusing to pay the bill. This is not the case and I had previously spoken to a representative of my electricity provider in person regarding the debt and did not know that the utility company had applied for a court order. (I have the funds to pay the £2300 to the utility company directly and acknowledge that this is what my company legitimately owes). I told the bailiffs that there was money in the safe a the business premises (which there is) about 10 miles away, but I could not get hold of my business partner to ask him to access it as his personal phone wasn't answering and the business was shut at the time. I was told that this was irrelevant and that they (the bailiffs) would travel to the business premises and break the door down in my absence to take goods to the value of £3300 if I didn't pay up. In the end I paid their demand via direct debit as I did not want people breaking into my business premise and was issued a receipt which is how I found out I was dealing with Court Enforcement Services Limited and not "The Court Enforcement Service" (LOL). After the two gentlemen left I consulted the CAB website as to the fees which bailiffs may charge. From the CAB site it seems that the maximum they could levy is around £360 (which I would dispute anyway as I have not reneged on payment in the first place and was unaware of their impending visit). However they have extracted a fee of £1000 which I only acquiesced to under the threat of a break in at my business. I am considering having my bank cancel this payment. If anyone can advise on theese issues it would be much appreciated. Thanks.
  19. http://www.express.co.uk/news/uk/820462/Outraged-parents-Thomas-Tallis-School-suicide-notes-class-project
  20. Continued from here.... http://www.consumeractiongroup.co.uk/forum/showthread.php?398262-The-great-interest-rate-rip-off-part-9
  21. hi all, i am in a bit of a panic with this lot and hoped someone can tell me how Blemain function with there charges, ,i have two secured loan accounts around 4 years ago i fell behind with payments, i have since cleared this up however it has left me with charges of £1000 on each account which are collecting interest. i phoned them today because at minimum i really need to cover the interest at least to stop them increasing, if i make a normal payment via online it wont come off the charges it comes off the account balance, this was said today over the phone, i have to make a phone payment and request it comes off the charges, i ask on here where are the charges if there not on my account balance do they make a sub account for them? i would be most greatfull of any help with this, one more thing, is it worth going to the FOS to try and get them to dump these charges i have had to post an update to my post, i have spoken to blemain today and my charges are separate from my main accounts and have arranged to at least cover the interest on the £2000 by paying something in monthly, that's no problem and my accounts are maintained however the loan balances on the two accounts have hardly come down over the last 6 years and i nearly owe as much as when i started off, ,,why is this when i paid the arrears off and the charges are separated from the balance, ,,im at my wits end and its making me ill if anyone can assist with any thoughts please do so as i dont know what to do thanks in advance
  22. Hello. I bought an engine head for my car from a company that trades car parts. I called them to check how quickly can they send the part, they said it will be 48h delivery. I paid online using my card. 3 days after, the part hasn't arrived yet. I called them again and they said it was a mistake at the warehouse, they sent it the day before I called so it should arrive soon. Once again, the part did not turn up. I called again and this time they said it was a problem with a currier, the part is on its way and will be with me in next 3 days! I was not happy with any of this but I needed that car part to fix my car as I was using a car I rented from another company which was costing me lots of money due to delays. Car part turned up finally. I then found out from my mechanic that the car part is in terrible condition and needs a good clean and a fix and that 1 part was missing. Car mechanic spent all day cleaning it and making tool to fix the parts that are stuck inside the car part. I phoned the company again and they did not seem to care. I asked to speak with manager but told he is in only on Wednesdays and he will call me back next week. having a previous experience of not calling me back, I wasn't happy with it and demanded to speak to him sooner. They refused. They also tried to tell me I have ordered car part with that one injector missing and I had to send them my order again to prove I ordered the full engine head with all injectors. Eventually they agreed I am correct and said they will send me an injector. Another 10 days of phone calls and excuses and car part turned up. Only it wasn't an injector for my car it was a part of rusty exhaust for a different model car! I phoned again to complain and they again said manager will call me back. I never heard from a manager but I couldn't wait any longer for that injector so I have ordered an injector from a different trader, the cheapest I could find £144 (going up to £290). In the mean time after so many phone calls to the other car part trader, they received the rusty exhaust and I said I do not want them to send me that injector, I want a refund for injector and a discount for damaged engine head. They offered £85 money back for injector and nothing for the engine head. I am not happy with the way they dealt with situation, spoke to me, refusing discount for the car part that was not working correctly, that I had to pay extra money to clean and fix the part and while waiting for them to send the car parts that should be 48h, it has been over 3 weeks so the bill for renting a car was extremely higher than it should 've been. What are my rights? How do I get money back? Also, that company has already been reported to trading standards many times before.
  23. Our car was involved in an accident a few years ago to the front of the car. Other party admitted liability and was repaired, that part is all settled and no problem. However during the collection of the car for the repair to be carried out, the recovery vehicle driver had to fit the tow bar on the car (it has no tow hook and was stuck) and was very vigorous in his attempts to put the tow bar in place. On return of the vehicle, it was noticed that there was a hole in the panel above which surrounded the access cover to fit the tow bar. I took photographs and said that the car was not like this before it went to the garage. So the attempts to fit the tow bar resulted in cracking of the panel and subsequent falling off. They agreed to replace the parts. And the car came back with a rear bumper with no holes in. However, now comes my problem, I have had no need to tow anything (I don’t have a car trailer) and the car hasn’t been stuck anywhere necessitating use of the tow bar to pull it out of anywhere. Today I did need to fit the tow bar and cannot because the aperture to put the bar in is partially covered by the new surrounding and it is not possible to open the electrical cover for attachment of a trailer. To use the tow bar now requires the dismantling of part of the bumper which is very difficult and time consuming and so far have not been able to do it. So the part they used is not the right one to use with the tow bar that is on the car and the small access panel is useless to access the tow bar fixings Unfortunately my insurance company says they have limited details of the repair as it went through the other party’s insurance but would have been 5 year warranty (within this time scale) if we had gone through our insurance. I have looked up the repair warranty details and it says 3 years and not within time scale. But this wasn’t part of the accident claim, it was damage the repair company’s driver did to the vehicle, so I am a bit unsure if it has been left too long to claim? I am familiar with small claims procedure. Any ideas? Thank you
  24. Hi, I'm just wanting a little advice please. I could have the opportunity of a part time job of 10 hrs per week which is over 5 nights which is 2 hrs and the wage would be £72 per week but paid monthly. Now my partner claims ESA for both of us as he is unable to work.. we receive £115 a week ESA and Carers Allowance of £62 per week which I receive to care for my partner. my partner also receives £450 month DLA. we receive housing benefit of £89 per week but that is paid direct to council. Now would I be better with the part time job or would we lose some of the money. would we have to pay rent/council tax etc. all I was told is that we would lose £30 ESA per week but not sure if we'd have to pay rent and more council tax. Thank you in advance.
  25. Low earners risk tax shock on workplace pensions There is apparently an anomaly on some of the auto enrolment schemes. You can read more in the article linked below. https://www.ft.com/content/40af7052-0361-11e7-aa5b-6bb07f5c8e12
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