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    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Sickness Query


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Hi Guys/Gals

I hope you can help.Been off work with work related stress for over a year.Even company doctors ( Occupational Health) agree I am ill- depressed etc.3 of their reports show job change caused problem Ran out of SSP, onto ESA - should state I am disabled. Current sick note expires June 1st. Just been informed have 3 options

Return to work within 4 weeks

Agree to redeployment ( they will help me find a new job in Group - if there are any ) & then return to work within 12 weeks

Attend meeting to dismiss me for being unable to fulfill my contract

Since their sickness benefit scheme is the only one saying I can work in some capacity they will not pay out.

They want a response within 1 week

Any suggestions?

Thank you

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Hello there and I'm sorry to hear about your problem.

 

I don't know as much about employment law as other people who are sure to turn up soon, but I will comment on the insurance aspect. Is that what the sickness benefit scheme is? And are you able to tell me who the insurance company is?

 

If I understand your post, you have been asked to go back to work within 4 weeks of 1st June? Or take a different job within 12 weeks of 1st June? I don't understand why there are different time scales, maybe I'm thick.

 

As I said, I wouldn't want to comment on redeployment or on not fulfilling the contract.

 

Assuming the sickness benefit is with an insurance company, are they saying that you are able to perform some kind of duty with the company, but not the job you were in before you became ill? Some policies say they will pay the difference in salary if you move to a less well-paid but more suitable job. Many of them want to do this, to reduce the amount they have to pay out.

 

I was also told I was fit for work by an insurance company, but showed them enough medical evidence [including from an OH consultant] to prove I couldn't go back to where I was. Work did offer me a different job, but the work was too heavy for a back problem I had and still have.

 

Please tell me more if you can. Have you seen the details of the scheme and how it works? If not, you should be given them by your employer.

 

Feel free to PM me if it helps, but I will try to keep comments on the forum.

 

Try not to worry too much, we will do our best to help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi 'benjibutton',

 

What are your intentions? - or what do you want?

 

Do you want, or do you feel strong enough to return to work?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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I can't go back - my doctor won't let me- Increased medication in the last few months & I am so close to cracking completely uder their pressure.

They are saying a lower stress job etc but itis still too much for me to face

Benjibutton

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Does your employer have all the medical evidence?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi benji. I got the message with the insurance company's name. They are well known in the industry for wanting to get people back into work.

 

Have they sent you to see someone to have your condition assessed?

 

And have you seen a psychiatrist or mental health professional?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi

Yes, 3 Occupational reports where their doctor agrees with mine + they have asked sickness insurance company to review andoverturn their decision twice

I have contacted Financial Ombudsman but their decision won't be known for 6 months

Cheers

Benjibutton

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Ask for copy of reports from company doctor.

 

They do not have a leg to stand on if they are going against the company doctor.

 

Medical Certificate actually reads advised not to attend work, not can not.

 

I think if you meet with them to see what the alternatives are & then talk over with your own doctor and the company doctor. If you don't they could say you did not want to be helped.

 

I remember from my last job, the company dismissing someone who was off with depression & the tribunal ruled the comapny had just made the depression worse.

 

Chin up not all is lost.

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Hi

Sorry for delay - visitors

I have copy reports from occupational health doctors which state unable to return to work at present time and my condition due to work systems.

HB noone sent to see me only their managers every 6 weeks -duty of care!!

When I mentioned the other day that if the insurance company didn't pay out I would take advice as their doctors have admitted liability, the attitude changed and now they are trying to pressure a decision from me- when I asked what if Financial Obudsman overturns insurance company decision albeit in 6 months their reaction was that will not alter situation

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They come to my home every 6 weeks , and phone every week. I told them ages ago my doctor says it's too much contact but they said it is their duty of care to staff policy- The first time last year I went into work, but suffered a panic attack so when I couldn't go in they said they must come out to see me

Benji

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Hi again Benji. Re the insurance company, are you saying you haven't actually seen someone they appointed to assess your state of health or mind?

 

I don't see how they can decide on your fitness for work just with paperwork.

 

Sorry to keep asking questions. HB

Illegitimi non carborundum

 

 

 

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If your doctor says it is too much contact ask him if he can do a letter stating that & ask him/her to send it to the company doctor not HR or line manager. Any OH doctor worth his salt will tell them to stop.

 

At the end of the day it may not stop them doing what they want, but you are building a defence to take them to tribunal.

 

Also have you asked ACAS for help?

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Hi HB

No problem

All they did was a one hour telephone call right at the beginning by a nurse, take my GPs notes out of context - she then reissued info to them when requested and decision against me has been appealed twice by my employers - they won't talk to me direct.

Was advised as no solicitor wants to know a case egarding mental health, to use Financial Ombudsman which I have dne, will take approx 6 months due to backlog

Benji

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Hello Benji. Do you know what steps your employers took to ask the insurance company to reconsider at all?

 

I believe that your GP or an Occupational Health doctor could write to the insurer's Chief Medical Officer [CMO] to ask how they reached their decision, or challenge it and ask for it to be reconsidered on medical grounds, by a suitably qualified independent medical practitioner. And in person, not over the phone. A stressed person is unlikely to give full answers to questions.

 

Have you seen the medical reports submitted to the insurer about you, or their nurse's notes of the phone call?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi HB, Flower2

I don't know steps taken by employer, only have occupational health reports(3) and insurance companys' decision letter stating that despite OH reports their decision remains unchanged.

Obviously I am not going to comply with their 4 wk/ 12 week requests and I won't respond upon start of dismissal process ,so I think Acas isanother optiopn from reading forum posts

Cheers

Benji

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Just another thought.

 

Ask for copies of the reports from each visit.

 

Do you see them on your own, if so stop always have a witness, you are entitled to have one, don't call them a witness though probably just a friend for support.

 

If you have contacted the FOS you should have a ref no. quote it to them, the FOS are not taking that much time to respond at the moment. I put a complaint into them in November & thay took the case up in January, with an offer at the end of Feb.

 

Not true a solicitor will still take your case on a no win no fee if you have a case, but why pay when your local CAB should help.

 

If you have been off work for over a year then your sick notes should be being sent to the benefits people and have the benefits people not had you to see their medical people. Usually once they agree you are disabled then they will write to you telling you no further sick notes are required however they do not write to your employee. Your employees can not then ask for them. However not too sure about the insurance company think they maybe can but do not know too much about insurance.

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Hi Flower2

Good thoughts will ask for copies of visit reports.

Wife always present.Have FOS ref number - girl there said case just allocated - complaint Dec - she said about 6 months.Sending sick notes to benefits + copy to employer, as they said they have to have it. Saw benefits doctor who recommended me to get DLA, so at least he must think I am ill-!.

Benji

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