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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
    • @BankFodder have you seen the first paragraph of this defence on the name. Am I missing something?
    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
  • 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
        • Like

No ESA but still being requested medical


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Hi all,

 

I'm a bit confused with the whole thing. I was in a bus accident and my gp has signed me off (2 x 2 weeks notes, and 1 x 4 week note.) til the end of this month, possibly longer. I'm £1.30 off the minimum cutoff for SSP so I cant get that and I apparently earn too much for ESA cos I get WTC. So I was told to send my Sick notes in to get my NI covered while I'm off which is fine, but I dont understand why I'm being requested for a medical when they state I'm not entitled due to earnings. I've read a lot of awful stories about people with disabilities failing and quite frankly I have every intention of returning to my job as soon as my GP says I can as I'm losing nearly £100 a week cos of the incompetence of a bus driver. Why am I being requested for a medical and can I refuse as I'm not in the receipt of the benefit money anyway?

 

Thanks in advance!

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Hello there, sorry to hear about your problems. I hope someone with more knowledge will come along with more information for you, but I wanted to say I'm a bit confused too. I know that ESA can be contribution-based or not and this just could be what the DWP were thinking of. Have you paid NI contributions for the last 2 years or more? I think that's the time limit.

 

Our guru types normally turn up after work, so you may need to wait until a bit later.

 

On a separate matter, and not for this forum, have you taken legal advice on the accident if the bus company have caused you to lost money?

 

My best, HB

Illegitimi non carborundum

 

 

 

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If you are employed, the employer should by law be paying you Statutory Sick Pay whether or not you are employed part time. If you are off sick for longer than 28 weeks then only do you claim ESA. In the meantime because your income has dropped you can apply for housing and council tax benefits.

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Hi Surfer, thanks for your reply. The minimum amount you have to earn to be entitled to SSP is £97, I get £95.70 a week so I miss it by £1.30 and they take your earnings from the previous 6 weeks and I had time off for my daughter being ill so I really didnt hit the target amount. I already get partial HB and CTB where I pay so much and the rest gets paid by the benefit. I'm not in receipt of any sort of benefit for income, but I do get everything else I'm entitled to.

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Although you receive no monetary benefit from the claim, you are receiving ESA; it's not income related ESA or contribution based ESA, but "credits only" ESA - which is basically the DWP paying your NI stamp to keep it up to date, which will not currently be being paid because though in employment, you are not earning thus not paying NI. In order to continue to be entitled to the credits, you need to attend the assessment and gain the sufficient number of points from it.

 

You can refuse if you wish - this will end the ESA claim and NI will no longer be credited for you. It's entirely a choice of your own however you may want to explore the potential implications of NI not being paid before you make the decision, that way you can make an informed decision.

 

Breifly, NI being paid protects your state pension; it is also ensures you for certain benefits. For example, at the moment you cannot get income related ESA because your income exceeds the threshold. If you haven't paid sufficient NI in the qualifying years, you cannot get contributory based ESA either, which leaves you with credits only. Both income related benefit and contributory related benefits result in a monetary payment of benefit. Credits only claims do not.

 

If, in the future, you find yourself unable to work again for whatever reason - illness/redundancy for example - you might be eligible for contribution based ESA or JSA if your NI record is up to date for the qualifying years. But if there is a break in payments for the qualifying years, you won't be able to receive contributory based benefits. In effect, not having NI up to date you would be in the same position you are in now. If NI conts are up to date for the qualifying years, then you would be able to receive payment for the benefit.

  • Confused 1

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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Thanks Erika,

 

I've had previous years with gaps in my NI and they just asked for a payment to fill in the missing amount for the year or if unpaid the amount will reduce my overall pension when I retire. I've been reading some disaster posts on different forums about severely disabled people failing to get the correct amount of points and being told they're fit for work. I'm struggling to get my head round the fact my GP says I'm unfit for work at the moment, why dont they accept that? And if thats the case why bother going to a GP for things like this if you have to have a medical to prove it again. From what I gather, the "medical" isnt a medical at all, its a person sitting in front of a computer asking the same questions from the ESA50 questionnaire you sent in. No physical exam takes place so how can it be classed as a medical? I find it all very frustrating because I want to be better and back at my job to get my wages again but based on a medical practitioners (GP) verdict I'm unable to do that until I fully recover.

I think it'll be easier to just refuse the assessment and pay the NI when they request it rather than stress about it, make things worse when they dont need to be.

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