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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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.

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

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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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Statutory Sick Pay a pittance? ... sorry no help available


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Back in february on the advice of CAB, I applied for ESA even though I still work limited hours (7 a week). (I have a few illnesses including arthritis, fatigue, possibly a sleep disorder and IBS.) I was told that I could do this and count it towards a quota of therapeutic work. After applying (the person on the phone knew nothing about limited capability to work but took my claim details anyway). I got the booklet and info in the post and realised that my current work may be complicated and didn't pursue it. The problem is that my work involves some cover, my basic just about pays the bills and there's rarely a month when I don't get extra hours. Sometimes more than the time allowed and if I can do them, I will.

 

At the end of February I got very ill with an eye inflammation (Iritis). So for the end of February and March I was off work, blind in one eye and with a fever and horrible pain, I couldn't get to boots to pick up prescriptions, never mind work. So on 28 April (I get paid the "overtime" in arrears I just got paid my basic which after deductions was £293. I pay £46 in council tax after council tax benefit and also have rent (shared ownership.) So I filled in an online application for benefits thinking maybe income support would help me actually eat this month.

 

The next day I got a call from a claims person and went through it all again. She advised ESA and started my claim. It took me a while to get everything together as going to my doctors' surgery had to be put off until an appointment mid May with the eye clinic. I got a call yesterday asking if I was paid statutory sick pay. I told them I was but as I was contracted for only 7 hours per week, £293 was all I got, to live on for a month and pay all my bills (which come to £320 a month.) She told me that if I got SSP there was no help. I repeated how little my SSP is, and that I couldn't live on it. She said she'd check and call back.

 

Today she called back, I can't get any help from ESA because I get SSP. She suggested I try income support. I've already been told I earn too much (maybe I should laugh here before I begin to cry) for IS. I told her that I really can't afford to work any more, that if I get another period of illness I'll be in a lot of trouble. I don't know what to do. What do other people do if they can work but can have periods of illness that stop them working. Is it worth even trying?

 

On the bright side no atos assessment. I have to find a bright side.

Edited by Fuzzgin
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Hi there, I've always admired your moving avatar. If only I understood how to reduce mine so it moved, but since 2 weeks ago, at least I have an avatar. And this one isn't pug ugly.

 

Moving on to your problem, the logic of what 'they' say completely eludes me. Mind you, many of them don't know what they're doing do they?

 

I just wanted to say you have my support and send big hugs for now.

 

HB x

Illegitimi non carborundum

 

 

 

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HB, no, every person you speak to tells you something different. I would like to be able to work full time and earn enough to live on, but at the moment my battery is broken and won't recharge. I'm constantly exhausted and when I do work I finish the day in a cold sweat having to retrain my feet in how to walk. I'm doing my best and the DWP still treat me like dirt. Luckily after I came off the phone to the 12 year old at DWP (well she sounded like a kid) my boss was very understanding and let me rant. We're currently one member of staff short due to a retirement and I could work full time but I know I will make myself ill. (Last time I tried it I fell twice, and then the iritis.

 

Cheers for the comment about my avatar. Can't remember where I found it but it symbolised my fear of taking on big battles at the time I first joined CAG. Before I hid a lot behind the sofa. I've tried to find away of painting that sofa to match mine, but my technical skills don't go that far.

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They treat everyone like dirt. it's horrible. I don't even blame the 'troops' necessarily, it seems to be the instructions from on high.

 

We can get you through this. Try to relax, pour yourself something cool and refreshing [if that's what you like] and conserve your energy for the battles that matter.

 

It might be better not to paint your avatar sofa, and although I'd love to help, I can't, but what if 'they' are tracking you? They might recognise it :).

 

HB x

Illegitimi non carborundum

 

 

 

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Fuzzgin, does your illness mean that you need help with day-to-day tasks and/or mobility? If so, perhaps you should think about claiming disability living allowance. This would be unaffected by any income you have.

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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Erika, no I was advised a few times to look into DLA but I have no mobility problems and don't need care. If the eye thing comes back the situation may change (I hope not but I've been told it's something to watch out for.) I dread the day when I can't walk, as I don't drive. at the moment I look perfectly healthy, I walk up a steep hill each day, I swim but I just can never tell when I'll run out of steam. I tend to get on with it until my illness develops a new twist or I fall over and have to stop. I hate the idea of being dependant, it's one of my worst nightmares.

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They treat everyone like dirt. it's horrible. I don't even blame the 'troops' necessarily, it seems to be the instructions from on high.

 

We can get you through this. Try to relax, pour yourself something cool and refreshing [if that's what you like] and conserve your energy for the battles that matter.

 

It might be better not to paint your avatar sofa, and although I'd love to help, I can't, but what if 'they' are tracking you? They might recognise it :).

 

HB x

 

Pic 'n' mix, but on Friday. (Pay day!!!) that's the thought that's getting me through this. I don't even eat the stuff, but I keep seeing it and thinking that it's what I'll buy when I'm paid. I know I won't, this period has made me chronically averse to spending except on the essentials. Maybe some Value whilte wine later.

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