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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
  • 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
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Benefit for 17yr old help needed urgently


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My daughter cares for her grandad as he has mini strokes and is waiting for surgery, he is totally deaf and very scared of being alone, she has to help with medication 22 tablets a day but he is not entitled to Attendace Allowance! She went to local job centre 2 months ago to claim some money and was told that she is not entitled to anything, she has had no income since December and I am not in a position to support her any longer as i have been sacked and have only just got another job, have not paid the mortgage in 3 months and we are now at the end of the tether.

The lady at the job centre seemed to not know what she was talkin about as she even said that 17yr old cannot claim carers allowance. Can someone please help me :mad:

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Guest Mrs Hobbit

I would be making an appointment with the CAB immediately and check down at your local GP surgery to find the contact number for the Carer's network in your area. They are a valuable source of information

 

I have just noticed you are in East Anglia. I am also so perhaps my contacts with and Association I am a Welfare Officer for might be able to help.

 

The other place to get invaluable information is the local hospital through PALS

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Many thanks I just dont know what to do and this is making me ill, do you think maybe I should take her to the job centre and insist that I see someone, we need help now things are that bad. Carers network sound great so any details would be appreciated.

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Carer's Allowance - eligibility : Directgov - Caring for someone

 

Guide to financial support for carers : Directgov - Caring for someone

 

Just a quick browse on the direct gov website, so you might be able to steer yourself through it a little better than I, I don't understand why he is not entitled to attendance allowance?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Guest Mrs Hobbit

The Attendants Allowance has to be assessed. it is not granted automatically. His GP needs to be in on this and make the recommendation.

 

The Job Centre is not the place, to get help for this. The CAB can guide you through the minefield of paperwork needed to be completed. the other source and this is along shot, if the grand-father is in council housing or a Housing Association, the Welfare officer who is au fait regarding benefits will be able to help.

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Yes as the granddad is apparently not disabled enough he cannot get attendace allowance therefore my daughter cannot get carers allowance, but why not income support? On the direct.gov website it does say that 16/17 year old can get income support, has she been misinformed by the benefits agency and lost out on 6 months of money?

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The Attendants Allowance has to be assessed. it is not granted automatically. His GP needs to be in on this and make the recommendation

 

Yes wasn't sure whether it is a means tested benefit or not.

So does the GP recommend a visit from an OT to assess?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have just spoken with Connexions who said that for my daughter to receive benefits, i would have to present myself as jobless..great!! and she also suggested that I put my father into a home so that my daughter can work (that is not an option) What is going on with this world, we are trying our best but to no avail....i did say that we get nothing unless we are alcohol/drugs abusers to which she agreed. Thanks all for your help but unfortunately it looks like unless i can pay the mortgage arrears within a month we will be homless too. Never claimed benefits in my life but might have to weigh up the option to sign on, and look after my dad,then my daughter can work.Or muddle on and hope i can keep my house.

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In order for your daughter to receive carers allowance (which she can do at age 17), she would need to be providing care for at least 35 hours a week. For both Carers Allowance and Income Support on the grounds of being a carer, the person she is caring for would need to be receiving DLA at the middle or higher care rate - or attendance allowance.

 

HOWEVER, if her grandfather for was to submit an application for DLA or AA she can claim IS on the ground of being a carer, for up to a maximum of 26 weeks whilst he awaits his decision. (note, however that if the decision is not to award AA, her IS claim would stop from then).

 

paragraph 20116 of the DMG here

IS (the basic conditions) paragraph 20022 cites the minimum age of the claimant as 16 - also in the above link.

 

Keep in mind that AA is not awarded on the condition itself or the medications required, but on the care which is required. Complete another application but this time get assistance from a Welfare organisation. If there are no Welfare organisations in your area (I know a hell of a lot are being cut at the moment due to funding) look up the DLA and AA DMG here to see how they would assess his condition.

 

Also look at the disability handbook and the A-Z of medical conditions. as well as the sources of evidence. These are all DWP resources which decision makers use to guide them in their decision. is will help you to complete the form better, as you will know what it is that they need to know.

 

There are also precedents you can use to help you, and more here

 

Hope this is helpful

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

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Cheers for looking in Erika, I was racking my brains trying to remember the best person to advise....;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Thank you, apologies for the delay but I am now working nights...yawn. I have an appointment with my fathers consultant this Monday, hopefully he will be able to provide me with some sort of letter confirming that my father needs constant attention....for instance this week his fingers have been numb and he has badly burnt his fingers while trying to make a cup of tea, he did not feel anything until hours later when the blisters appeared.

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