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    • @Jaybee in CF Claimant commitments are agreed between yourself and the Job Centre Work Coach.  So you will be able to discuss the local jobs market, transport available and all of the local issues.   As it is a two way constructive relationship, you can research all of the relevant information, so when you have your claimant commitment agreed,  the information you have obtained can be considered.              
    • look up on land registry who owns the property then get in contact with your local environmental heath dept.   dx  
    • Hello all,   I have recently moved into a new property. The bedroom window is facing a bunch of commercial crates which have trash on top of them. The trash is maybe two metres away from the window, making it impossible for the window to be open (I am also afraid of rats being there).   The other windows of the property are facing a communal, enclosed area, which is making it difficult for the property to be properly ventilated. I have already raised this issue with my estate agency and they are trying do to something about it (to be honest, if I leave everything to them, this issue won't be solved until my tenancy is finished, and that is more than one year away).   I am asking for advice, or how could I approach this issue.   I have spoken to my council and, since they do not deal in private property, there is nothing they can do, at least this is what they have told me.   The property with the trash is not owned by my landlord. It is an open space, with big crates, closed off by a fence. If I could, I would climb those crates and remove the trash myself but I cannot. I also cannot climb out the window to reach the trash, as the window is too small.   At times, I see a car in that property but I have never seen the driver. I left a note in the car's window explaining the issue and giving my number. This was around a week ago and nobody came back to me.   
    • Hi   First off ALL Tenants need to re report all the different repairs again via their repairs procedure. Yes its good to get a list of all properties repairs with photo/video evidence signed by all property tenants but you all need to fight this individually as well as a group.   Next you all need to look up your rights on Repair i.e. The Right to Repair Scheme and also their Complaints Procedure.   http://www.legislation.gov.uk/uksi/1994/133/made   https://england.shelter.org.uk/housing_advice/repairs/right_to_repair_for_council_tenants   All Tenants need to take control back with these repair and ask in writing titling any letter 'FORMAL COMPLAINT' and stating the repair and why it hasn't been carried out to date and an exact date when it will be completed.   You also require clarification whether these Repairs come under the Right to Repair Scheme and if so why we were never informed of this. (delete or amend)   You also require copies of the following:   Right to Repair Scheme Policy (Not the Leaflet Repair and Maintenance Policy (Not the Leaflet) Solar Panel Policy (Not the Leaflet) Complaints Policy (Not the Leaflet) Equality & Diversity Policy (Not the Leaflet) When you get the above policies you need to take your time reading them and just think to yourself 'DID THEY DO THAT' in relation to your issue and if not mark it this way you build a list of what they haven't done/followed as per there own Policies and use it against them.   They will have time limits to complete repairs within for Emergency, Urgent, Routine repairs and if they exceed that time limit and need to extend it remember it is with you the tenants agreement not them telling you and tough you can wait.   (bear in mind any repairs during COVID-19 the time limits are now different and most routine repairs are stopped)  
    • I was on UC in late March, and recently received some quite non-committal message that the commitments would be returning, but no indication when.     If I remember correctly the expectation was that we could find at least one job per day to which to apply, or some such nonsense.   Given that the government can only guess how many workplaces will be safe :  1) to commute to/from at the time of job application; 2) to work in at the time of job application;    3) to commute to/from at the date of starting a job ; 4) to work in at the date of starting a job,  5) to commute to/from at the date permanent WFH is dropped; 6) to work in at the date permanent WFH is dropped,    and given that we have lost 20% of our economy, I fail to see how they can both reasonably and immediately mandate any minimum figure of jobs we must apply for whilst this virus just killed over 135 people in the UK (stats released today).  That is only down from 155 last week, and about 175 a fortnight back.   At this rate it will be another 7 weeks MINIMUM before the mortality rate is zero - if it ever reaches zero before the inevitable second wave.  
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • 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 
      • 12 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
pompeyfaith

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Financial Ombudsman Service and the European Convention on Human Rights

Walter Merricks' Speech

HERE and HERE TWO VERSIONS!

What will the judges say?

What the courts themselves may make of all this will be interesting. We are certainly a public body, and will be exposed to actions for judicial review. There has been much comment about the circumstances in which we will be required 9 Bingham L J (as he then was) in Watts v Morrow [1991] 4 All ER 937.

 

(following the Human Rights Act) to offer parties a "fair and public hearing". A rather gloomy prediction of how the courts might view us has recently been made by an academic commentator Richard Nobles10. He suggests that the judges are jealous of or even hostile to rival dispute mechanisms, particularly ones that seek to exercise powers denied to them. "The central issue" he says "is whether it is appropriate for an official who is not a regulator to decide complaints against private parties by reference to standards and remedies that differ from those available in the courts. The resounding answer provided by the courts themselves is no". I hope that is too depressing a conclusion and that the judges would appreciate that the benefits of operating as alternative dispute resolvers should not be abandoned by straight-jacketing us into a court or tribunal model.

 

conclusions

 

Our "jurisprudence" has developed avoiding some of the constraints of a common law, precedent based system. We have been able to approach the dispute resolution task in a way that, interestingly, tackles some of the criticisms often levelled at the courts and the judges.

 

In particular

 

· We can talk freely to the outside world, discussing possible approaches to decisions.

 

· We do not have to pretend to "find" what the law is. We unashamedly make new "law".

 

· Not being bound by precedent we can consult on changes and then enact them from a given date.

 

· Unlike courts who refuse to consider hypothetical questions, we can consider situations that have not yet arisen but look likely to do so.

 

· We intervene actively to reduce or prevent disputes arising.

 

· We feedback to the industry as a whole, or to particular firms ,and to the world at large through a press office, the lessons we see. We do not rely on court reporters to spread important messages.

 

· The ability of customers to access the scheme freely conditions the actions of firms more effectively to act in accordance with our prescriptions, I would assert, than the access to the courts and knowledge of the state of the law.

 

And finally the ombudsman model operating outside the court system has received widespread support, from the financial industry, consumers and outside commentators.

 

10"Keeping Ombudsmen in their place" [2001] Public Law 308

 

We deliver by offering reassurance to all customers we provide value for money in supporting confidence in a much criticised, but vital, industry.

 

As an expert, independent and impartial source of adjudication we are unique.

 

As a result of pioneering, funding and managing voluntary initiatives, the industry has, and I hope will maintain, a sense of pride, even "ownership" in the model it fathered - a model that has gone from brave bi-partisan experiment to Parliamentary endorsement in under 20

years.

 

Walter Merricks

 

Financial Ombudsman Service

 

South Quay Plaza

 

183 Marsh Wall

 

London E14 9SR

 

walter.merricks@financial-ombudsman.org.uk


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Duly stickied thanks PF :D


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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