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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Cold Weather Payments

blackgloves

By blackgloves
in Benefits and HMRC

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ErikaPNP

ErikaPNP

Posted
Posted

You only get them if you are receving a qualifying benefit and the average temperature where you live is recorded as, or forecast to be, zero degrees Celsius or below for over seven consecutive days. (Between November 1st and March 31st)

 

You can enter your post code here to see if your postcode has been triggered to receive CWP.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Ell-enn

Ell-enn

Posted
Posted

At the moment it's only giving recorded temperatures up to 16th December. It'll be interesting to see what the last week's recordings are!

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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ErikaPNP

ErikaPNP

Posted
Posted

Indeed! It's practically freezing everywhere.....

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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kinkyklee

kinkyklee

Posted
Posted

just typed my post code in it says yes we are due one on the 23rd of dec this year....well im mad we never got ours n i have disabled hubby n two small children...will be phoning up tomoz...or do u get it with your payment or as a one off in yuor bank..

these payments evryone should get

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Ell-enn

Ell-enn

Posted
Posted
Well, I must be going mad & we must have been basking in tropical conditions while the rest of the UK was freezing!

 

Just checked the list & we're not eligible :Cry:

 

Likewise mbk, but I know my car has been iced over for more than 7 consecutive days - does it not need to be freezing for that to happen!:rolleyes:

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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pompeyfaith

pompeyfaith

Posted
Posted

Same here the southcoast always losses out.

 

PF

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

 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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mkb

mkb

Posted
Posted
Likewise mbk, but I know my car has been iced over for more than 7 consecutive days - does it not need to be freezing for that to happen!:rolleyes:

 

Not on the south coast it would seem! Dont you know we have a special kind of frost down here? :lol:

 

Same here the southcoast always losses out.

 

PF

 

Never a truer word spoken PF :rolleyes:

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DX2

DX2

Posted
Posted
omg really its been freezing everywhere,advice to ring them just to make sure..i hope you do recieve one as everyone deserve one

Do you have any idea as to how many millions that would cost? and where exactly does the money come from? and what about all the taxpayers who don't get benefits but do help pay the benefit bill. :rolleyes:

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mkb

mkb

Posted
Posted
Do you have any idea as to how many millions that would cost? and where exactly does the money come from? and what about all the taxpayers who don't get benefits but do help pay the benefit bill. :rolleyes:

 

 

Bit harsh there DX2!

 

Pretty sure that most of us have been tax payers, some for many years.

Some of us have also been subjected to the joys of having to pay additional taxes in the form of corporation tax, employers NIC's etc.

 

In my own case, I was an employee whilst being an employer so paid tax, NIC's for both. I am now too ill to cope with my disability single-handed so my OH is my carer. He had to give up work in order to care for me.

 

In return for HIS carers responsibilities, we get the princely sum of £116.50 Income Support per week as well as £53.10 Carers Allowance per week. Prior to being ill, we paid more than that in tax/NIC's each per week.

 

Imagine though how much more it would cost to care for me if he wasn't around to do it?????

 

Most of us are in the benefits system through no fault of their own so your comments are particularly harsh IMO & I would advise caution before posting such inflammatory remarks.

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mkb

mkb

Posted
Posted
So I get CA and carer's premium on IS, I also get MRC and LRM for my son with a child disability premium on CTC phoned today was told I don't qualify for CWP.

Something wrong here?

 

 

Thats not right Zara.

 

From DWP site:

You may also be eligible for a Cold Weather Payment for each qualifying week if you are getting Income Support, income-based Jobseeker’s Allowance or income-related Employment and Support Allowance in the assessment phase and have one of the following:

  • a pensioner premium, higher pensioner premium or enhanced pensioner premium
  • a disability premium, enhanced disability premium or severe disability premium
  • a disabled child premium
  • Child Tax Credit that includes a disability or severe disability element
  • a child who is under five in the family

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odds

odds

Posted
Posted
The Direct Gov website now has a list of all the postcode areas which will get cold weather payments. Here is the link (opens PDF)

 

It would have been nice if they could have put the dates the weather triggered the payment in the table. I pressume the number of triggers in the table relate to the amount of payments, or do I pressume wrong ? :)

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RaeUK

RaeUK

Posted
Posted (edited)

 

From DWP site:

You may also be eligible for a Cold Weather Payment for each qualifying week if you are getting Income Support, income-based Jobseeker’s Allowance or income-related Employment and Support Allowance in the assessment phase and have one of the following:

  • a pensioner premium, higher pensioner premium or enhanced pensioner premium
  • a disability premium, enhanced disability premium or severe disability premium
  • a disabled child premium
  • Child Tax Credit that includes a disability or severe disability element
  • a child who is under five in the family

 

I presume I'm reading this right - and it is fairly straightforward - as I'm only on the assessment rate of ESA (14 months so far...) I'm not eligible for a CWP? Something else to thank ATOS for at my tribunal!

It is a bit of a serious question, tbh. I had to start turning off my heating this week as I couldn't afford to run it. It's back on at the minute thanks to the charity of friends and the generosity of my electricity supplier who sent me a key with £20 so that I could have heat this week. Humbling times.

Rae.

Edited by RaeUK
typoo
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Zara33

Zara33

Posted
Posted
I presume I'm reading this right - and it is fairly straightforward - as I'm only on the assessment rate of ESA (14 months so far...) I'm not eligible for a CWP? Something else to thank ATOS for at my tribunal!

It is a bit of a serious question, tbh. I had to start turning off my heating this week as I couldn't afford to run it. It's back on at the minute thanks to the charity of friends and the generosity of my electricity supplier who sent me a key with £20 so that I could have heat this week. Humbling times.

Rae.

The most important bit is and have one of the following:

  • a pensioner premium, higher pensioner premium or enhanced pensioner premium
  • a disability premium, enhanced disability premium or severe disability premium
  • a disabled child premium
  • Child Tax Credit that includes a disability or severe disability element
  • a child who is under five in the family

ESA on it's own won't give you a CWP.

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honeybee13

honeybee13

Posted
Posted

Hi Rae, that's awful for you, I'm so sorry. I guess you've looked at the CAB website about help available? I thought it was illegal to leave someone with no heating, but maybe that's not the question you were asking?

 

Which electricity company are you with, if you don't mind telling us?

 

Our local council has a scheme that people can donate to, which helps people who need heating costs, although I don't know offhand who qualifies.

 

I hope you find a solution to this.

 

My best, HB

Illegitimi non carborundum

 

 

 

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RaeUK

RaeUK

Posted
Posted (edited)

What I'll do, honeybee, is toddle off and answer your questions in a new thread. I can't be the only whose had to agonise over turning their heating off - at the worst possible time! - but I don't want to derail this thread. It's too important!

Rae.

Edited by RaeUK
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Bookworm

Bookworm

Posted
Posted

Says on the website that my area has qualified for 1 period (up to today's date)... what it doesn't say is WHEN I can expect the payment to hit my bank account. :-(

 

Bookie, currently sitting here with thermal socks, legwarmers, jumper AND blanket, and that's with the heating on full blast... :-(

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