Jump to content


  • Tweets

  • Posts

    • Update The engineer who's been looking at the van was unable to borrow a circuit board to do a temporary swap to test. His and Truma's recommendation was that I take the van to them as the fault it was displaying was something they'd not come across before. I rang Truma Friday morning and it was going to be the end of October before I could get an appointment. Then the engineer said that they'd had a cancellation that morning and if I got down to them immediately (a 40 mins journey for me) they'd look at it. They rang me late Friday afternoon and to cut to the point they may have fixed it, it's still on test there today, they'll let me know the outcome later. If it's not the circuit board which they've changed then it's another problem with the solar system on the van which is nothing to do with them. I've kept Marquis involved by email and phone. But because I've acted without giving them another chance to deal with the fault will I still have any claim or not ?  Thanks 
    • expecting civil replies instead of using adjectives and verbs like "shut up"
    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
    • V common problem for this car. Might be something small like EGR valve needs a clean, might be water pump, might just need a service. Might still be a very good car, just need to spend a little. Naturally you take them to court for the money you spend of course.
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Please note that this topic has not had any new posts for the last 3733 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

The link

 

Incapacity benefits ? the reassessment process - DWP

 

Incapacity benefits – the reassessment process

 

From October 2010 Jobcentre Plus will start reassessing the claims of people who are receiving Incapacity Benefit, Income Support paid on the grounds of disability and Severe Disablement Allowance to see if they are fit for work.

We will write to customers when their benefit becomes due for reassessment to tell them about the changes. We will also phone them to answer any questions they may have and find out if they need extra help. They do not need to contact us before they receive this letter.

Customers will then be sent a medical questionnaire to complete and return and this will be used to decide if they need to attend a Work Capability Assessment. It is important that customers provide as much detail as possible when completing the questionnaire as this will be used to help decide if the customer is entitled to Employment and Support Allowance (ESA).

If they need to attend an assessment, the customer will be phoned to arrange an appointment. They will not need to attend an assessment if a decision can be made on the information provided on the medical questionnaire.

Using the information from the questionnaire, the Work Capability Assessment and any other evidence provided we will then decide if they are entitled to ESA.

People will continue to receive their current benefit, as long as they meet the conditions of entitlement, until we have reassessed their claim.

If a customer does not return their medical questionnaire or attend a Work Capability Assessment when asked, this may affect their benefit.

 

doe's anyone know if it it will be at a reduce rate of income support or ib when you are on appeal at the moment i get £90+.

Edited by Brown-Clegg-Cameron2010
Link to post
Share on other sites

Hi B-C-C, just saw your post so I'll be back later after further research.

I read that the "as of October" re-assessments are only 2 pilot areas (Aberdeen and Burnley if memory serves) but the roll-out nationally starts in February 2011.

At the moment someone's been appointed to review the (un)fairness of the WCA and the report isn't due until the end of the year. This raises my concern because I.B. claimants will still be assessed under a "flawed" test before any revisions are brought in - I'm looking into ways of challenging the legality of the early "migration" to ESA.

 

You ask about the rates of benefit after migrating and pending appeal;

successful ESA claims won't immediately lose out but the reduction will be phased in by lower annual uprating (50% of annual increase) of the individuals benefit until 2014 when everyone will get the same as the ESA rates regardless of any shortfall. The lucky ones in the support group will find themselves a few quid better of from the start, therefore the "transitional arrangements" won't affect them, it just affects the WRAG.

Those appealing their WCA "fit for work" will get the (£65.45) JSA rate and if they successfully appeal they'll get a backdate covering the amount they lost out by.

 

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.

Link to post
Share on other sites

Yesterday (on the Daily Politics - BBC1) Margot James M.P. said in reference to the 40% success rate overturning "fit for work" decisions,

I think that that's a good thing, it shows that the appeals process is working
see the last minute of this clip:

I sent this to the show (c/o BBC News - Dear Daily Politics )

It is currently taking an average of eight months before the incorrect decision is overturned and another month to get your correct money reinstated even though you did nothing wrong. Perhaps Margot would like to try living on £65.45 per week for nine months and then tell us again how "that's a good thing".

 

Aunty has displayed my comment, search: Paul Nurse, Aldershot UK

Edited by loan_ranger
added comments

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.

Link to post
Share on other sites
Yesterday (on the Daily Politics - BBC1) Margot James M.P. said in reference to the 40% success rate overturning "fit for work" decisions, see the last minute of this clip:

I sent this to the show (c/o BBC News - Dear Daily Politics )

It is currently taking an average of eight months before the incorrect decision is overturned and another month to get your correct money reinstated even though you did nothing wrong. Perhaps Margot would like to try living on £65.45 per week for nine months and then tell us again how "that's a good thing".

 

Aunty has displayed my comment, search: Paul Nurse, Aldershot UK

 

Cheers LR,

 

I saw the clip in the video thanks for that, if you here any other worthwile news on this please let us know thanks.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...