Jump to content


  • Tweets

  • Posts

    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
    • If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999
    • My old dog Amy used to do that  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

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

THE Election - Made your mind up yet ??


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5114 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Some very interesting info about ATOS and how to challenge them here:

DWP ESA Medical Examinations

 

 

Elsa x

that's a great link Elsa.

 

Any chance of duplicating in both the Special needs/disability and the benefits forums? A lot of people post in either/or, and this is information that shouldn't be allowed to get lost!

 

Superb. :-)

Link to post
Share on other sites

Thanks Elsa:)

 

 

I hope you don't mind, but I have posted that link on my thread in the benefits forum.

Edited by SOD'EM

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

I thought I would post this letter that was in one of today's papers. I couldn't agree more with it.

 

So David Cameron is planning 22 ways to fix 'Broken Britain', it was his Tory Predecessors, Margaret Thatcher and John Major, who helped create a Broken Britain through mass unemployment and soaring poverty.

 

We are about to see history repeated through the Tory-Lib Dem programme of cuts that will lead to thousands of redundancies., all in the interest of giving tax cuts to the wealthy. These ordinary people will lose their jobs through no fault of their own and become stigmatised as work-shy. Just like those who lost their jobs 20-30 years ago.

 

There is probably only a minority of Tory voters who are above the bread line, so it will not be long before the struggling Tory voters will be wishing they could turn back time. I can just hear them now.

 

doh_homer_simpson-1084.jpg

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

Glad the link's of use...ATOS have been a bone of contention with me for years since they ignored all medical evidence and ruled I was only due to 50% of my works injury pension.

I've put a thread in Benefits and Special needs, Bookie..and please feel free to post the link wherever it may help! ;)

 

Elsa xx

Link to post
Share on other sites

I think they are about to be a bone of contention with me also Elsa:mad:

 

My medical condition was not recognised in my assessment either.

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/259457-i-have-been-released.html

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

That's cos you're all Labour voting ******. If you weren't, you'd have private healthcare, servants to look after you and wouldn't need to sponge off the State. :razz:

 

 

10172470.jpg?v=1&c=IWSAsset&k=2&d=5047FA587DE1CADE64BC53B6DD7546D164BD6A69E53BB7EB46FED6E0E50E70A8

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

I wonder if he plans to start wearing his yellow underpants on top of his blue bodystocking. :-D

 

 

 

david-cameron-pic-reuters-750197767.jpg

 

 

It's red underpants you stupid woman!!!!

 

 

 

 

:D

 

 

 

By the way Bookie. Don't you owe me something :)

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2883031.html

Edited by SOD'EM

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

I've just read as much as I could, it's very hard going...It fully represents the extreme and imovable beurocratic nature that faces most people trying legitimately to claim any sort of benefit. If we could, we'd do without all the hastle. Unfortunately there is no other way for most of us to fund our inconvenient existense :rolleyes:

Link to post
Share on other sites

As you said before, it's the cheats who make it so much harder for any genuine claimants.

 

They are just the same as the people who take the disabled spaces/mother and child spaces in the supermarket when they shouldn't be there. Apparently 90% of the inconsiderate people who do that have a criminal record. :mad: I once asked a woman, "Where's the baby?" and her partner who had got into the car while she returned the trolley got out and came and threatened me (when I had a year old baby in the car). Vicious, threatening, and sadly just so typical of so many people today.

Link to post
Share on other sites

As you said before, it's the cheats who make it so much harder for any genuine claimants.

 

They are just the same as the people who take the disabled spaces/mother and child spaces in the supermarket when they shouldn't be there. Apparently 90% of the inconsiderate people who do that have a criminal record. :mad: I once asked a woman, "Where's the baby?" and her partner who had got into the car while she returned the trolley got out and came and threatened me (when I had a year old baby in the car). Vicious, threatening, and sadly just so typical of so many people today.

 

Quite right DD - even Gordon Brown recognised that. Here is a paragraph from a speech he made at the Fabian Society in January:

 

"And the last year has shown that people want a fairness that gives opportunity as a reward for effort, hard work and enterprise; not something for nothing but something for something. What people definitely do not want is the sort of responsibility that expects them to do their best and do their bit but offers 'anything goes' for other people, whether they're a banker taking risks or a claimant cheating benefits."

 

I know that ATOS are not very good to deal with, I've had my own run-ins with them over my Daughter's claim for benefits after she had broken her ankle. It took 7 months to sort out a payment and by that time she'd gone back to Uni.

 

It's worth remembering that it was the Labour party who brought in the current system and it would have continued exactly the same way had Labour won the election.

 

I've known benefits cheats in the past - one in particular springs to mind. This was a bloke who had a genuine heart problem but this was controlled by drugs and if he took them he could just carry on as normal. He had to have a medical periodically in order to carry on claiming. He told me outright that all he did was stop taking his medicine a day or so before the medical, stop shaving, washing his hair etc., so that when he got to the medical he would have all the appearances of somebody who was genuinely ill. He'd then get signed off again. In the meantime, he worked as a barman in the clubs and pubs in South East London - cash in hand of course. That wasn't his only [problem]. His home address was his mother's house even though he lived with his girlfriend and their kids. She claimed for everything she could as a single mother. The two of them had far more disposable income than me and my wife, especially when my wife stopped working after our daughter was born. I was working part time in a pub then, just to make some extra money, which is how I got to know this man.

 

It's people like him who should be rooted out and prosecuted if necessary. It is entirely wrong that genuine claimants should have to jump through hoops. while people like this bloke just seem to get whatever they want with seemingly no questions asked.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

And now you wander into my area of expertise!

 

As I have stated previously I work with long term unemployed people trying to get them back into work. So I claim to have a little more first hand knowledge than the average person in the street. The vast majority, andI do mean the vast, of people I deal with genuinely want to work. There is a very small percentage that I have met who dont want a job and are happy to live off benefits. I would say that these amount to about 1 in 100 people I have met.

 

It is a very simplistic approach to say all people should get a job no matter what but there are often underlying barriers that prevent some people from going straight to employment. Some of the more common ones are people with numeracy and literacy problems (yes that is still quite common). This governments answer to that problem seems to be at the moment to cut funding for the programs to help these people. Another problem especially amongst the younger jobless is lack of work experience. The goverments answer to this problem is to end the Future jobs fund programme that gave younger people the work experience they so desparatley needed.

Link to post
Share on other sites

And now you wander into my area of expertise!

 

As I have stated previously I work with long term unemployed people trying to get them back into work. So I claim to have a little more first hand knowledge than the average person in the street. The vast majority, andI do mean the vast, of people I deal with genuinely want to work. There is a very small percentage that I have met who dont want a job and are happy to live off benefits. I would say that these amount to about 1 in 100 people I have met.

 

It is a very simplistic approach to say all people should get a job no matter what but there are often underlying barriers that prevent some people from going straight to employment. Some of the more common ones are people with numeracy and literacy problems (yes that is still quite common). This governments answer to that problem seems to be at the moment to cut funding for the programs to help these people. Another problem especially amongst the younger jobless is lack of work experience. The goverments answer to this problem is to end the Future jobs fund programme that gave younger people the work experience they so desparatley needed.

 

I don't doubt anything you've said. I've been lucky enough to have found jobs on the occasions when I've needed to and I'm now (hopefully) in stable employment and have been for some years.

 

When I have been unemployed, I've always taken the view that it was better to work even if it left me only a few pounds better off. Not everyone will agree, but I think it's important and somehow, it's much easier to find a job when you've already got one.

 

Given that the last government was the one that spouted 'Education, education, education', I think they have a lot to answer for if our system is still turning out illiterate and innumerate youngsters. Clearly the extra billions they threw at the education system didn't work very well.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

Argh!!!

 

I think it's a perfectly reasonable comment BB. We're still turning out kids who can't read and write despite the massive amount of extra funding that has gone into the education system in the past 13 years. Something has failed somewhere. It's not the current government's fault yet.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

A friend of mine was a local councillor who was the Head of Children's Services in his local borough. He cared passionately about education.

 

Different areas will have different problems, but one of the main ones he faced was the fact that so many children in the failing schools did not speak English. It is completely ridiculous to educate children who don't speak English with children who do, albeit badly in so many sad cases.

 

If you have one non-English-speaking child in a class he should pick it up quite quickly. He will want to learn so that he can join in with the other children. If you have half the class who don't speak English everyone in the class will be held back.

 

Children who can't speak English should not be sent to mainstream schools until they can. They should be sent to specific schools to learn English, because without English you cannot learn anything else. You cannot pass exams because you can't read the questions.

 

The time spent trying to teach anything to children who don't understand English is wasted.

 

The second issue is discipline. So many children go to school never having been told what to do, or what not to do. It is apparently a total shock to them that they cannot behave exactly as they please. If remedial classes need to be set up to teach them proper behaviour so be it. Separate classes again if necessary.

 

As Woody says, so many school-leavers have numeracy and literacy problems and it's a disgrace. If children don't reach a certain level in one year, there is no point in moving them up to the next year where they will fail again. Far better that they are kept back a year and given remedial teaching to get them up to scratch.

 

They could also do worse than bring back the YTS. My sister, who was held back a year in school, left with only one exam. She went on to the YTS and worked really hard. The following year she was offered a place to do a degree. She was the only one in her group to be offered that - probably because everyone else didn't work at it and just moaned about being cheap labour. YTS did work and provided opportunities to those who wanted it to work for them.

Link to post
Share on other sites

I don't doubt anything you've said. I've been lucky enough to have found jobs on the occasions when I've needed to and I'm now (hopefully) in stable employment and have been for some years.

 

When I have been unemployed, I've always taken the view that it was better to work even if it left me only a few pounds better off. Not everyone will agree, but I think it's important and somehow, it's much easier to find a job when you've already got one.

 

Given that the last government was the one that spouted 'Education, education, education', I think they have a lot to answer for if our system is still turning out illiterate and innumerate youngsters. Clearly the extra billions they threw at the education system didn't work very well.

 

The vast majority of people we see who have numeracy and literacy problems tend to be in the 30 plus age bracket. Statistically about 80% of our customers are over 40. So if we are going to blame goverments for bad educational standards (an argument that incidentally is vastly over simplyfiyng the problem) then lets have a look at Thatchers generation

Link to post
Share on other sites

There's a re occuring theme here gentlemen.

 

I believe it's Margaret Thatcher. The grocer's daughter who stepped spectacularly outside her place and ruined the futures of the linear generation and those generations that came after...

 

Pure evil.

 

Pure poison to a nation that innocently looked up to her and, in childlike wonder, stared at the sun and were blinded...

 

History teaches us a valuable, recurring lesson.

 

We 'forget' because time erodes and distorts the pain.

 

It's a human condition which has it's uses. Predominantly in base survival.

 

We digress, we progress, we are again the same dumb human animal.

 

Our difference? We have the records. We choose to ignore...

 

What hope? There is none of course. We are destined to repeat forever the mistakes, we are blind, to look back and see, the horror just out of focus...

Link to post
Share on other sites

Quite right. There is always the chance that we will repeat the horrors of the last Labour Government once this one has got the finances under control and the next generation of voters doesn't know what life is like under Labour.

 

That was the mistake we made in 1997, although I'm going to absolve myself of blame for that as I didn't vote for them. Incidentally, I never once voted for Margaret Thatcher's Tories either. Labour governments tax and spend like bears crap in the woods (nothing personal BB), then we all end up paying for it just like we are now. If you want evil, think of the 100,000 or so Iraqis who were needlessly slaughtered so that Blair could get his name up in lights in Washington.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

I forgot to mention + 1 British Scientist - a better man than Blair or Brown could ever hope to be. That took the smug grin off Blair's face pretty quickly and when he found out it looked for once as if he wasn't acting.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

Link to post
Share on other sites

If you want evil, think of the 100,000 or so Iraqis who were needlessly slaughtered so that Blair could get his name up in lights in Washington.

 

 

And you beleive that these two will withdraw our troops and bring them back home where they belong?

 

 

Yeah ......Right:cool:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...