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    • Hi All    I've spent 2 weeks without a phone and over 4 hours between phone and livechat talking to samsung about my broke s10e phone screen.   I bought the phone in June 2021 and long and short of it the phone screen broke while in my pocket. I made a call before getting in the car and it was fine. Went to make a call when I got out the car and the screen had cracked and some LCD damage. The LCD damage has now fixed itself. I called samsung to get this repaired and they flat out refused to repair it as it was physically damaged and their warranty only covers manufactuer defects and that all their phones are rigoursly tested. I told them that if all their phones are rigoursly tested and don't break in peoples pockets just like that then my screen must be one with a manufacturers defect and that it is covered by the warranty then. At which point after climbing as high up the chain as I could this was the only answer I would get.    Is there anything I can do here ? I am not lying about it breaking in my pocket. It's got a full phone case only things showing are front/back camera and fingerprint reader and no marks besides from placing my case on. I just don't feel that it's fair that they expect me too pay £190 to fix the screen when it is obviously defective. What if the replacement screen breaks randomly then they will just expect me to pay another £190 I expect.    I've also tried approaching EE who my phone contract is with to which I was advised to go  to samsung or they could quote for a repair or I could early upgrade.   Please any advice would be greatly apreciated I'm at my wits end here.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
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If someone finds themself in a dispute with a local council, and after an unsatisfactory decision the relevant department says that on such matters they do not have any appeals procedure in place (but refers the matter to one more manager who might unilaterally look at the issue again), is it proper and legal for the council to take decisions in an area for which they do not administer or provide any appeals procedure???

 

Or is it maladministration or some other lapse, to in itself make decisions without offering an appeal procedure? Is it legal and constitutional to run a council department in that way?

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Your comments are too vague to provide advice on!!

 

However, you can complain to the Local Government Ombudsman...

 

http://www.lgo.org.uk/


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Restons MBNA -v- WelshMam

 

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Why are the comments vague? It is specific even if generic:

 

a. Constituent applies for something from the Council.

b. Council refuses without addressing most of the issues raised, and in fact without justifying or supporting or explaining the basis of their decision.

c. Constitutent confirms that the refusal is not satisfactory.

d. Council states in response, it is possible to appeal to another office which will arrange for a hearing before an appeal panel.

e. Constituent requests appeal this but is told that in fact there is no appeals process in place for those types of Council decisions, but possibly one manager may be willing to look at it again (not independent and not a panel).

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Why are the comments vague? It is specific even if generic:

 

a. Constituent applies for something from the Council.

b. Council refuses without addressing most of the issues raised, and in fact without justifying or supporting or explaining the basis of their decision.

c. Constitutent confirms that the refusal is not satisfactory.

d. Council states in response, it is possible to appeal to another office which will arrange for a hearing before an appeal panel.

e. Constituent requests appeal this but is told that in fact there is no appeals process in place for those types of Council decisions, but possibly one manager may be willing to look at it again (not independent and not a panel).

 

It does depend on what was applied for and the laws relating to that request.

 

For example, I wouldn't expect an appeal panel to be held because the council refused to fill in a pothole because it wasn't deemed warranted.

 

But other areas such as education, social services, housing etc may be totally different.


If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Thanks Welshmam. It has to do with school transport.

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Thanks Welshmam. It has to do with school transport.

 

I can't actually see anything in s509 of the Education Act (which deals with transport) to say that local authorities must have an appeals process, in the same way as for school admissions.

 

However, it appears to be fairly commonplace to have such an appeals panel and many local authorities do have these.

 

Do you have a copy of your local school transport policy? Does it mention anything about an appeals panel in there?

 

If you can't get any joy I would be inclined to write in with a corporate complaint to the Chief Executive and the Cabinet Member for that Service Area (details should be on their website) asking them to explain why you have been denied the opportunity for an independent appeal and also, why such a process appears not to exist, unlike many other local authorities.

 

Best of luck with this....sorry I couldn't provide a definitive answer!!


If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Thanks WelshMam; your insights have been helpful.

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