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  1. I have just joined the Community here for your thoughts and we thank you in anticipation of any help you may give. We had a questionnaire from Abbey Life regarding enhanced annuity. They state on the bottom of the letter with the enclosed questionnaire - 'Abbey Life did not offer enhanced annuities, but one may have been available to you from another provider if you were eligible, and therefore you may be due compensation.' So we wrote to them saying we consider we may have been entitled to an enhanced annuity via an Independent Financial Adviser. (They do say this questionnaire is in relation to the purchase of your Abbey Life - Joint Annuity.) They have now phoned because of the letter and we have arranged to talk to them Friday afternoon. 1. My husband had a Waiver of Contributions implemented as a result of an accident before he reached retirement age. He does not get a huge amount because he only took out what we could afford at the time . We had hoped to increase it over time, because his employer did not offer one, even so we were pleased we did a Waiver of contributions option. Note: He went onto have a TIA and now has a pacemaker. I also went onto have breast cancer in 2007. 2. Looking at the questionnaire in our mind it was not relevant - we thought he was committed to Abbey Life. In fact it starts off with 'Why did you contact Abbey Life ......' So our question is - (a) this person from Abbey Life is saying he could help us over the phone to complete the questionnaire. But we are wondering if we should be seeking independent advice now? (b) being my husband was already on 'Waiver of Contributions' then is he in a different category? Any thoughts would be appreciated.
  2. What is the score with someone signed off on long term sick, and on UC with income based ESA being called in for a Review to see if they are doing enough to seek work or increase their hours They haven't had a report from a Work Capability Assessment as yet? this is what was on their To Do List about the interview: "This is to check you're doing everything you can to find a job, or earn more". If they say they are signed off with a Fit Note stating they are Unfit For Work would they get a Sanction for refusing to look? A neighbour has asked me about this, as they are a tad confused.
  3. Hi all, I received a letter today from BWLegal in relation to a debt of £704.80 original debt was with The Money Shop, payday loan of just over £100.00. The debt is due to be made SB in March. The letter is threatening to take me to court and place a CCJ on my credit file. I have typed the below letter and would appreciate any feedback you could give. This will be the first letter they have received from me, I have not made any contact with them previously. I have also typed out the content of the letter I received from them today. 16th January 2019 CCA Request removed please do not post our template requests. The Below is a rough outline of the letter received today Dear MR XXXXXX We have been instructed by PRAC Financial Ltd to commence legal action in the form of issuing a claim against you in the county court, without further notice, in respect of the above debt. If payment or response is not received before the 14th February 2019. If you dispute this debt please tell us why so we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for court fees, solicitors costs and statutory interest which are listed below: Principal Debt: £708.74 Estimated Interest: £118.37 Estimated Court Fees: £60.00 Estimated Solicitors cost: £70.00 Enclosures Enclosed with this letter are: Information Sheet Reply Form Income & Expenditure form Particulars of the debt On 20 February 2013 you entered into an agreement with Instant Csh Loans Ltd t/a The Money Shop to provide you with a fixed sum Loan agreement account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and has since been assigned to our client on the 9th December 2016. Notice of this assignment has previously been given to you. Our client is not currently applying any interest, fees or charges to your account. Any help with my CCA Request letter is greatly appreciated, I want to make sure I have the correct sections quoted etc. Thanks in advance regards Veteran6224
  4. Hello. My account has been under review since 2/1/2019. Everything is blocked. Something has come to light as to why this is. I sold my e-cig vape collection on new years eve over Facebook, the person that bought this off me bank transferred the money which totalled £60. It was a faster payment. On the evening of 2/1/2019 this person told me that his wife had called the bank previously that day and said that he been conned. He told me that his wife made the payment from her account but at first he said it was from his account but that doesn't really matter who's account it was paid from. I had posted his item using a reputable company (Parcelforce) on the morning of 3/1/2019. I couldn't post on the 2nd as i was working . I used a tracked postage service which cost me £17.70. I have attached this receipt to this email which includes a tracking number. He wanted it posted originally on new years day which was impossible as it was a bank holiday and no post office was open. The person who i sold this too was called (edited out). It seems like he wants the goods and his money back as well. I have asked him to call his bank immediately to rectify this and he keeps giving me excuses. This is the only reason i can think as to why they have put my account under review. Has anyone been in this situation before? (This is the email i sent to pof@barcalys with photo of the receipt of the parcel)
  5. Hello everyone Firstly, a huge thank you to all the incredible volunteers that are helping us to beat these disgraceful companies, that are causing misery to so many innocent and decent human beings ;-) I thought I could do this myself but now I realise I need help! I will put as much relevant info below that will help any volunteer that is willing and able to help me win this. As the registered keeper of the vehicle in question, I too received a county court claim from Civil Enforcement Ltd (CEL) for an alleged parking violation. Following advice from other threads, I have completed the following...on the MCOL website, it has been acknowledged and box ticked wishing to defend in full (defence box left blank!). Now preparing to submit keeper defence. Details as follows: CCBC ISSUE DATE: 17 Oct 2018 Particulars of Claim state the following (exact) words: Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 236.00 Violation date: 01/12/2017 Time in: 13:44 Time out 14:59 PCN ref: XXXXXXXXXXXXX Car Park: XXXXXXXXX Total due: 236.00 The Claimant claims the sum of 252.50 for monies relating to a parking charge per above including 16.50 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 16/10/18 Same rate to Judgment or (sooner) payment Daily rate to Judgment – 0.05 Total debt and interest due 252.50 Amount claimed 252.50 Court Fee 25.00 Legal representatives costs 50 Total amount 327.50 I have digital copies of all correspondence available (with personal info removed), if required. Regarding the alleged parking violation, details as follows: Incident Date: 01/12/2017 PCN Issue Date: 21/02/2018 Maximum 60mins free parking (Burger King Car Park) Alleged parking violation: Overstay 14mins and 20 secs The defendant does not recall who was driving the vehicle during the alleged incident, as there is more than one person authorised and insured to drive the vehicle (e.g. spouse). The driver may have spent time looking for a space/queuing to exit car park, and/or may have visited the car park twice. The ANPR has only recorded the vehicle entering and exiting, it is not an indicator of the length of time parked. The charge is obviously predatory and not based on any legitimate interest or commercial justification. The alleged violation occurred in Dec 2017. Upon receipt of the claim, the defendant has visited the car park to personally inspect the site and gather supporting evidence (photos available). Upon entry into the car park, there is a sign that says "Maximum Parking Terms Apply - see car park signs for T & Cs". This sign is placed at 90 degrees to the LEFT of a driver that enters the car park. There is no information on this sign that says there is a £100 charge for breaching any terms. When you enter the car park, there are signs placed high on the surrounding walls that state "60 MINS MAXIMUM STAY" and immediately underneath this sentence, in tiny font on a white background "If you breach any of these terms you will be charged £100". Drivers can only read this sign once they have entered the car park, exited their vehicle and stood directly in front of the sign". From the photographic evidence that the defendant has obtained, there is indication that a previous sign had been in place in the actual car park, as there are adhesive marks left on the brick wall where a sign has since been removed. The defendant also believes the signs that are currently in place may not have been the same ones at the time of the alleged incident. Indeed a quick Google Maps check shows that the entry sign now has an additional 'Data Protection Info' sign that was previously not there a few months ago. In February 2018 when the defendant originally received the PCN (the alleged incident occurred 01 Dec 2017), the defendant assumed that they should ignore what appeared to be a speculative invoice from a private firm, and dismissed them as fraudulent claims. Having re-read the correspondence upon receiving the court claim, the defendant has noted the absence to any reference of keeper liability, 'Notice to Keeper, POFA2012, but assumes that the claimant should adhere to POFA if they are claiming against the registered keeper? PLEASE can someone with experience of this review my draft defence before I submit it, so I can get move on with my LIFE! Also, please can you advise if I should include any other information (e.g. digital copies of photos, letters, etc). Many thanks to you all! Draft (keeper) defence as follows: DEFENCE ________________________________________ [removed - dx] ============= Note: I have not received any response to my SAR or CPR request. I did however receive a reply back from the DVLA. ============== Is my defence too long? Too short? Missing any other important information? Eternally grateful for any constructive criticism.... For anyone else reading this post in a similar situation, I have been given the following helpful advice from another forum user: [removed - dx] Good luck to everyone out there that is also fighting these cowards!
  6. Hello newbie here, My Husband & I have been dealing with a Debt Collection Agency SMD Credit Solutions Ltd since April to collect a Debt owed to our Company since November last year. A little background: We were owed £38k and the debt was in dispute by the company who owed us. This was construction industry dispute where we worked for contractor (2) who was working for main contractor (1). Main Contractor (1) refused to pay contractor (2) citing poor workmanship therefore contractor refused to pay us. So it was quite in depth but it was being dragged out and being a small company we needed to get a resolution. SMD cold called us but it just so happened we were in the process of looking for an agency after them phoning us everyday for weeks trying to persuade us to agree for them to take the debt on we agreed. We had lengthy discussions about the whole case and we were upfront about everything before we even agreed for them to take on the debt. We knew it wouldn't be straight forward so wanted someone who knew what they were doing. They wanted to charge £2000 + VAT for a reg fee but we simply couldn't afford that so they dropped it to £1000 + VAT payable in 2 instalments. After we agreed we sent them all documentation regarding the debt including invoices owed, purchase orders we received, emails and a report from the main contractor (1). Needless to say SMD were useless, they never answered or return our phone calls, they never returned or answered my emails. In their initial 'guarantee email' they claimed to keep you updated every step of the way and give you a full refund of the reg fee if they don't at least recover the cost of the reg fee. Eventually after quite a few weeks I was emailed and told that SMD had had to obtain legal advice on our behalf and had to pay out in excess of £3000 in order to do so. After weeks of getting nowhere and no answers SMD finally advised us in mid June to set up a meeting with Contractor 2 and main contractor 1 and thrash out what we could get paid. We advised them that we would look for an alternative agency who was specialised in Construction industry disputes and we would like our reg fee returned to which we received no reply and no refund. We then received the official In Administration letter from contractor (2), and I left a negative review on SMD company facebook page. Nothing defamatory or untrue just stating our disappointing experience and that I would not recommend them. Oh and I hope they don't keep telling people about their 100% success rate which is what they said to us. Today I get an email from them saying that unless I remove the comment they will charge us £10,000 (10 x the reg fee) plus the £4000 costs as per their T&C's. They claim we mispresented the debt by not telling about the report Can they do that? Sorry for the long post
  7. Grading under review for Westmoreland Supported Housing Limited READ MORE HERE: https://www.gov.uk/government/news/grading-under-review-for-westmoreland-supported-housing-limited
  8. Justice Secretary announces victim compensation scheme review, scraps unfair rule READ MORE HERE: https://www.gov.uk/government/news/justice-secretary-announces-victim-compensation-scheme-review-scraps-unfair-rule
  9. This from OFCOM More information and a link to the consultation is HERE
  10. MOD to review Armed Forces exemption from UN Convention on the Rights of Persons with Disabilities READ MORE HERE: https://www.gov.uk/government/news/mod-to-review-armed-forces-exemption-from-un-convention-on-the-rights-of-persons-with-disabilities
  11. Post-Monarch review finds too many passengers flying unprotected READ MORE HERE: https://www.gov.uk/government/news/post-monarch-review-finds-too-many-passengers-flying-unprotected
  12. One year review of enforcement agent reforms READ MORE HERE: https://www.gov.uk/government/publications/one-year-review-of-enforcement-agent-reforms
  13. Airline Insolvency Review to examine protection for air passengers READ MORE HERE: https://www.gov.uk/government/news/airline-insolvency-review-to-examine-protection-for-air-passengers
  14. Review launched to respond to patient concerns about NHS treatments READ MORE HERE: https://www.gov.uk/government/news/review-launched-to-respond-to-patient-concerns-about-nhs-treatments
  15. i attended a compliance interview 22 february they said hmrc informatiom about 2 interest payments leads them to believe that i could have had over 10000 in 3 accounts that they say where active at the same time when i banked with lloyds i have never had more than one current account and one savings account active at any time i banked with then from 2004 to 2015.They have said i have to provide bank statements from 2010 to present of every bank account i have held and if i dont i will lose my pension savings credit. I do transfer accounts to get the perks the banks offer for swiching so this involves 5 bank accounts.Quote from the interviewer ( you have to prove to dwp that at no time i have had more than 10000 it is not for them to prove that ive had more than 10000 ) I have comfirmation from lloyds that the 3 accounts wher 1 current account with a linked savings account after the intro offer finished for savings account that was closed and i would have put funds in my current account 3 months after that closed i opend another savings account that was closed after 3 months. LLoyds insist that it is not possible with there system to provide me with the statements.so i see no point in even trying and possible having to pay for statements for any other accounts that i have had i gave at the interview the latest statements from the 2 accounts i now have. My question is can they do what they say if i dont supply what they are asking for( and they decide i have had over payments without proof ) and say i have to repay money and i appeal against there decision what would happen could they deduct money from my state pension i do not have any other pension i receive lo rate dla and have less than 2 thousand in my bank accounts and have ccs to pay off loans with them i already contribute to my rent and council tax to make the diference up from HB aand Council tax benefit im at my witts end i did tell them at the interview that since 2010 i have had letters from dwp saying they will phone and to have bank details etc for them they asked when i answerd i dont know look on your computer you should have all details of dates etc and have details about the small lump sum payment i received from a pension when i contacted dwp and informed them and again gave bank details etc people say dont worry i cant stop worrying im not sleeping properly not eating properly i just want to give up
  16. Hi, Just wondering if anyone can shed any light on this letter i received on Friday. It is from my local job centre. It says: "We regularly conduct benefit health-check reviews to confirm you are receiving your correct entitlement to Income support. You will be aware that changes in your circumstances can affect your claim to Income Support. The purpose of my letter is to explain that if there has recently been a change and you want to report this or declare that you are starting work you can do so by ringing..... If there are no changes, to enable me to confirm that your benefit is correct please read and sign the declaration at the bottom and return to jobcentre. Then it is signed on behalf of the manager. The letter does look like its been photo copied (the signature is deffo photocopied) and my name has just been handwritten at the top next to "Dear...." Is it just a review like the letter does look like it could be sent to numerous people or is there more to it? I had a compliance interview a few month back after some jealous ex partner falsely reported me so it does worry me its happening again. Thankyou!
  17. WHi All Background: I was purchasing a property on mortgage (Clydesdale Bank) and it was a sub sale. Because of some delays at bank's side we missed the completion date and I lost about £60K. Losses fall into following categories, 1. About £20k - Penalty issued by the seller for late completion (this was already confirmed) 2. About £40k - Money lost in arranging the finances to complete on cash FOS decision is in my favor. However, they are awarding me only about £20K (The actual penalty issued by the seller which I had to pay). They are not considering my other losses even after submitting all the evidences. So don't know what to do? Already suffered a lot and still suffering. Have 3 options, 1. Take about £20K and forget 2. Approach County court 3. Approach High court - Judicial review Any guidance and help will be greatly appreciated. Thanks in advance.
  18. I received a letter from Jacobs today regarding our current arrangement for council tax debt. I'm extremely frustrated, I have never missed a payment with them and even now our current arrangement is a bit of a squeeze, but I pay non the less. Letter dated Aug 2, 2017. I really cannot afford to pay anymore than our current arrangement, I'm obviously going to call them but, I'm not sure what to say/do I can't deal with Bailiffs at my house again, I was a mess last time.
  19. Made a complaint to FOS about paypal. Just got a reply. Seems like the adjudicator's provisional conclusions. He's found paypal had done no wrong. Here's what it says on the bottom of his email: Notice the change in font size, when it says "But If you don't agree with what I’ve said, please let me know why by 6 February 2017. I’ll look at any new information you give me and let you know what I think." I had to really strain my eyes to read this. Surely this is a nudge tactic by the FOS to close-off complaints.
  20. Finally ditched my Vanquis card. Been with them for three years with a 3 k credit limit. Even though never missed a payment they would not reduce the APR. Wait for it, 59.9% APR. Anyway got a Marbles card this morning, 33% APR. Only £300 credit limit to begin with but not worried. That will increase quite quick like Vanquis no doubt Anyway, what are peoples views on Marbles as a credit card provider?
  21. I've recently been sent a PIP Award Review form. It says that after I return it, I could get a telephone call or have to go to a face to face consultation. I'm finding the process extremely stressful and it's weighing on my mental health. Luckily a friend is helping me fill in the form, but I don't know if I can deal with another face-to-face consultation at this time. My memories of the last face to face consultation I had to go to are extremely distressing. I really don't want to lose my PIP, but I'm on ESA too, and with my new situation (different housing etc), could maybe just about scrape by on ESA alone. If I return the form, and don't go to a face-to-face, what will happen? Will I be in lots of trouble? I know I will lose my PIP, will I be at risk of losing my ESA too? If I do lose my PIP through not completing the award review process, can I re-apply for it when I feel able to go through with the process? Also, the form asks if I want to give consent for them to talk to 'your GP, other people or organisations.' I ticked 'no,' because I'm very concerned about confidentiality around my mental health problems- partly because I've only recently been able to talk about the events that caused some of them. Also I'm embarrassed about organisations etc knowing about my benefits situation. I think that they will have notes from contacting my GP on file from when they first assessed me. Will ticking no cause me problems? The telephone calls they make- what are they like? If they assess me and I fail, will I be at risk of losing my ESA? Any advice about how to fill in the form? It seems fairly straightforward as most things haven't changed. Any advice anyone can please give me, on these questions or anything else about this issue, would be massively appreciated. Thankyou so much
  22. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  23. Hi, Just had the following email from Payplan for my 6th review: ************************************************************************ It's time for your Debt Management Plan (DMP) Review Throughout your DMP we like to check that your plan is running smoothly and that the amount you're paying is right for you. It's also important for us to check if your DMP is still the right debt solution for your needs. For your reference, we've enclosed copies of the most recent income & expenditure details and creditor list we have on file for you. As a reminder, your current regular DMP payment is £186.15 What do I need to do? Please read through and check all the enclosed information carefully. If nothing has changed, you don't need to do anything at all. Based on the enclosed financial information, we believe your DMP is still the right debt solution for you. So everything will continue as normal, and we will resend this information to your creditors. If your income and/or expenditure have changed significantly, please call us on the above number as soon as possible so we can update your details, make any necessary changes to your debt plan, and check if your DMP is still the right debt solution for you. Remember, you don't need to contact us if there are no changes, and you're happy with the way your DMP is progressing. Yours sincerely Payplan ************************************************************************* Looking at the last bit, I don't have to call if no changes, Havn't done that before. Could it be because we are within 2 years of completion, or they are so busy they havn't the time? Anyone else had such an email?
  24. I made a Freedom of Information request to my council because it smells bad near of my council library. I was dissatisfied with the result and I made a request for an Internal Review of the handling of my FOI request. Unfortunately the council told me that it has no obligation to reply to this request for an Internal Review because it has considered my Freedom of Information Request under the Environmental Information Regulation Act 2004 and under Regulation 11 of this act a request for Internal Review should be made within 40 working days of the last correspondences of the council concerning my Freedom of Information request and I have made my request 50 working days after the last correspondence. I made my request for an Internal Review 50 working days after the last correspondence of the council because I was not aware that my FOI request was considered under the Environmental Information Regulation Act 2004 and that there is a 40 working days deadline. 1. In the email that I received from the council acknowledging receipt of my Freedom of Information Request and giving me a reference number it is stated that my request will be considered under the Freedom of Information Act 2000 but it is not stated that it will be considered also under the Environmental Information Regulations Act 2004 because in the acknowledgement email of the council it is stated the following: “I am responding to your request under the Freedom of lnformation Act 2000, which we received on 10 May 2016, for information held by the Council” However I have found in the Internet that contrary to my council when other councils acknowledge a Freedom of Information request and consider it under the Environmental Information Regulation Act 2004 they inform the applicant of this fact because I find the following in the Internet “Thank you for your request for information regarding the conservation area in Parkgate, which we received on 07 October 2015. We are dealing with your request under the Environmental Information Regulations 2004” Therefore the council did not inform me that it will consider my FOI request under the Environmental Information Regulation Act 2004. I would like to know if it is at the time that the council receives a FOI request that it has to decide whether or not to treat it as environmental information request and it has a legal duty to inform the applicant of its decision in its acknowledgment email? I learnt it only because I made a request for an Internal Review. 2. The only deadline to which the council makes reference in its emails is that he will reply to my FOI within 20 workings days but no reference is made to a 40 working days deadline. Contrary to other councils in the website of my council it is not made any reference to this 40 working days deadline In none of the emails that I received from the council about my Freedom of Information request it is made reference to the Environmental Information Regulation Act 2004 and to this 40 working days deadline. Nowhere in the complaint form for Internal Review it is made reference to this 40 working days deadline In the last email that I received from the council about my Freedom of Information request the council advises me that I can make a request for an Internal Review of the handling of my Freedom of Information request but the council did not advise me to do this within 40 working days. I would like to know if because it has made reference to a deadline of 20 working days the council had a duty to make reference to all deadlines including the 40 working days deadline? 3. I would like to know if the fact that the council does not say in its acknowledgement email and in none of its correspondences that my FOI request is considered under the Environment Information Regulations Act 2004 means that the council did not consider it under this act and has changed its mind later when I made my request for Internal Review to use as an excuse the 40 days deadline to refuse me this request because it is too embarrassing? 4. I would like to know if the 40 days deadline starts when I was aware that I my FOI request was considered under the Environmental Information Regulation Act 2004 i.e. when I was told that my request for Internal Review was refused? For the reason that paragraph 2 of this act says “Representations under paragraph (1) shall be made in writing to the public authority no later than 40 working days after the date on which the applicant believes that the public authority has failed to comply with the requirement” 5. I made my request for an Internal Review of the handling of my FOI request only few days after the 40 working days deadline, In this circumstance I would like to know if I can advise the council to accept to process my request for Internal Review and to amend its website and to inform properly the applicant in case his Freedom of Information Request is considered under the Environmental Information Regulation Act 2004 and that there is an important 40 working days deadline I have read the Environment Information Regulations Act 2004 and I found out that according to Regulation 14 of this Act in case the council refuses to provide the information requested under the FOI request the council has a duty to inform the claimant that he has the right to complain against this refusal within 40 working days under Regulation 11 of this Act. Regulation 14 of the EIR 2004 states: "14.—(1) If a request for environmental information is refused by a public authority under regulations 12(1) or 13(1), the refusal shall be made in writing and comply with the following provisions of this regulation (5) The refusal shall inform the applicant— (a)that he may make representations to the public authority under regulation 11; and (b)of the enforcement and appeal provisions of the Act applied by regulation 18." Regulation 11 of the EIR 2004 states: ["11.—(1) Subject to paragraph (2), an applicant may make representations to a public authority in relation to the applicant’s request for environmental information if it appears to the applicant that the authority has failed to comply with a requirement of these Regulations in relation to the request. (2) Representations under paragraph (1) shall be made in writing to the public authority no later than 40 working days after the date on which the applicant believes that the public authority has failed to comply with the requirement." However I have not found in this Act that it is stated that in case the council accepts to provide the information request but the claimant is not satisfied with the information provided or with the handling of his FOI request the council has also the duty to inform him that he has the right to complain within 40 working days under Regulation 11 of this Act. I have not found also in this act that it is stated that when the council decides to consider a FOI request under the Environment Information Regulations Act 2004 it has a duty to inform the claimant I have maybe not properly read the Environment Information Regulations Act 2004. Therefore I would like to know if some of you know where it is made reference to these two important requirements in this Act or in another piece of legislation. I think that somewhere it should made reference to these two requirements because for example it would be unfair to deal with a FOI request under the Environment Information Regulations Act 2004 without the claimant being aware of this fact and without being aware that if he wants to make a request for an Internal Review he should do this without 40 working days. I need this information to convince the council to accept my request for Internal Review without the need to make a complaint to the Information Commissioner
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