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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.  

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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.
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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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Housing Benefit - Interview Under Caution


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I've lost count of the numerous times that I've said in the forums:

Never rely on JCP to tell the council anything. (Except if, in doing so, they can cause you grief).

The onus to inform the council of a "change of circumstances" falls personally upon the claimant.

 

I expect that the IUC will be for failing to tell the council YOURSELF (i.e. they were never told) that you had stopped being on JSA. I could be wrong, but somehow I don't think the Studio is relevant.

You're probably in for a telling-off and have to repay a few weeks "overpayment of HB.

 

Good luck and best regards,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Paul

 

Thanks for the response, this is first time in twenty years of working that I have ever claimed benefit and have no idea how the systems works and when someone tells you something you have believe them when you have no reference point.

I've also lost count of the first time JSA claimants who've filled in and returned to JCP the H.B./C.T.B. forms which come in the jobseekers information folder they give out only to wait in vain for Housing Benefit which never comes, then have to make a new HB claim from scratch with their hopes of a back-date left to the mercy of the council who can, and frequently will, refuse.

 

However, I am still a little confused about the studio because I don't understand why they are asking my landlords about it.

You should have had a separate tenancy agreement or rent book for each let to prove that the HB wasn't going towards renting the studio as well as the flat, suspicions could be aroused if you didn't do this.

 

Again, do I have right to more information about what they believe these change of circumstances to be before I attend the interview?

The letter which you have received from the council may be an "invitation" or "request", rather than a "demand" to attend. You can write to them asking for more information before you attend in order that you have a chance to prepare a defence, e.g. bringing exonerating evidence. You could contact your CAB and see if you can have an adviser with you because natural justice demands that you shouldn't have to subject yourself to an interrogation without understanding your rights to a fair hearing.

 

Thanks again

 

Sarah

Regards,

Paul.

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I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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