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    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
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      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.

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      Many thanks 
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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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Disabled person gets huge bill for live in care


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Hi all,

Ive been asked to help in this, so I'll be as brief as poss.

 

Friend has a daughter who has full benefits and ILF, she has severe eating disorder ( PWS) amongst other things so has to be supervised at all times she is living in accomodation with other service users.

Local authority have been handling all of this, but now the care providers have produced a bill of 1500 for 'care costs'

i havent seen the full contract yet, so bear with me.

 

Originally our friend had asked that her daughter go to specialist care home outside the bourough, The council refused this and stated they could provide the necessary care.

It is my understanding that this is illegal, however, our friend gave the council a chance to see if they could indeed provide the care required.

Needless to say, the girls' weight has ballooned under this 'care' and her health is at serious risk, ( diabetese, heart, etc).

 

Now, about this bill, our friend has often had to remove her daughter from the home because of arguments at the home due to her condition, High blood sugar causes her to be very agressive.

so our friend has her over the weekends, so she is querying this bill.

Also, she found out that the carers, ( if you can call them that) have been taking the daughter to restuarants etc, during target support times.

So she has been over eating, hense the weight gain.

To top that off, the carers have been getting their meals paid for by the daughter out of her allowances. Also, the carers take the receipts, which made me a little suspicious.

now forgive me here, but that to me is a complete no no. A care provider, demanding that a vunerable person pays for dinners out?

 

i have suggested that our friend demand sight of the expense reports for the carers, to see if they are double dipping, then she would have a plan of attack against the 1500 bill.

 

I'm sure i could add more,

but I'll see what response we get to this first,

Thanks for looking in

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  • 3 weeks later...

OK a little update, Ive got them to file a complaint to the SS, then a freedom of information request to the council concerning finances to the care provider, plus any complaints about the care provider. AND a SAR to the care providers for all the personal data.

In the mean time, the mother is going to turn up on the doorstep to retrieve personal belongings, ( I think this may fail unless they phone the police to be present).

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Carersuk dot org is an organisation that can help with your friend in this situation by offering advice and suggesting which legal avenue to explore. If her daughter is under the age of 18, I suspect your friend is considered her legal guardian as a parent. If the daughter is over the age of 18, as far as I am aware, if your friend has power of attorney she has every right to withdraw her daughter as long as it does not put her daughter’s life at risk. If she doesn’t hold power of attorney then it may well be her daughter refuses and all your friend may be able to do is seek the help from her G.P. a social worker or someone like that.

 

I think if you take a look at the carers uk website and see what advice it can offer your friend, at the very least it should point to the right direction of what steps to take.

 

Good luck.

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Well, a little update, its amazing what a freedom of information request backed up bt SAR and 2 complaints can make,

They had a meeting last friday with SS, and guess what, theyve magically been able to provide funding for out of borough placement.

 

it s a shame that it had to come to it, but I guess you have to complain in the correct manner,

 

But thats not the end of the story, because as the daughter has been withdrawn from services and lost her ILF to fund carers to take her out, it would appear that this act is a criminal act. So, a complaint to police for abuse and neglect springs to mind against the boss wjo made the decision to take away services.

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