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    • 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
      • 160 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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Housing Benefit cut means losing home - please help


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The university element won't have any bearing on it, more what they consider his main residence to be. They can't make a reduction for everyone whose grown child has gone to university but they can make a reduction if that grown child no longer is accepted as normally "occupying" the dwelling. If he spends most of his time at another residency as a tenant (the halls of residence) it may well be that they consider that as his main residence, thus do not accept him as an "occupier" for the purpose of calculating the bedroom allowance of LHA.

 

As your son is 20, he is no longer treated as a "child or young person" for the purpose of benefits; he is treated as a non dependent. A non dependent can be treated as an occupier, if the local authority are satisfied that the non dependent occupies the dwelling as their home. I think essentially what they are getting at, is that they do not accept that your son occupies the dwelling as his home, because he normally lives elsewhere as a tenant.

 

Local Housing Allowance Guidance Manual

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.

 

 

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Aha!

 

I think I have found an Upper Tier decision which might be helpful to your case.

 

Reported as [2010] AACR 40 Occupation of the home – whether child at university to be treated as occupier of parent’s home.

 

It's in word format, and can be downloaded and viewed here

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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There is nothing that I'm aware of in LHA that allow for a carer, for a person on low rate care or mobility. Though it will be introduced in April next year that an additional bedroom can be permitted for a non resident carer if, and only if, the person requires overnight care.

 

I'd be very grateful if you could provide a link on that babybear, because if this were to be the case, it would add even further weight to Pixy's case.

  • 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.

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The housing act has little to do with the granting of benefit; the council deal solely with how many bedrooms they can pay for as far as LHA allows. A GP/MP/Welfare Rights lawyer cannot really be of much benefit where a local authority are following rules. In this lady's case, her disability has nothing to do with her entitlement to LHA. They aren't saying this lady has to move; they are saying that she is only entitled to x amount of help toward her rent. Whether she has to move or not if she cannot afford the shortfall isn't really any concern of theirs, they have nothing to do with housing, just paying benefit (harsh but I'm afraid that is the way it is). They can only pay what they law allows them to pay.

 

I would however not discourage the OP to enlist a Welfare Specialist or MP on the grounds that the LA should be treating the son as an occupier of the property and should use the case law I quoted to help. But to be frank she seems to have a good handle on this herself. She has already copied in her MP to the letter to the council (not a bad idea) and if it gets to appeal tribunal stage, by all means enlist a Welfare Rights Specialist if she feels she needs one.

 

I agree with Leemack in keeping the appeal simple and to the point. The information about your disability can go into an application for a discretionary housing payment though, because they do take disability into account for this.

  • Haha 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.

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  • 2 weeks later...

I'm afraid that they can suspend it, under part 3 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) regulations 2001. Unfortunately, there is no right of appeal against such a suspension. That doesn't mean you cannot ask for the suspension to be lifted, or ask for them only to suspend the benefit in part by suspending only the element in question.

 

I'm afraid I haven't got any advise for you other than to provide the information they want as quickly as possible (delivering by hand tomorrow, asking for it to be marked as urgent and asking for a receipt - if the office is open).

 

Please be aware that if you don't provide the information that they are asking for within the time period they have given you (they usually give one month) they can terminate your claim.

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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I'm so glad for you Pixie, one thing less to worry about for a little while. Some local authorities don't suspend until a person has failed to respond to at least one request, but the legislation allows them to suspend pending the first request so others do just that. It'd be far nicer if all chose to only suspend after a failed response, wouldn't it? Particularly at this time of the year when mail deliveries are all to pot.

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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  • 3 weeks later...

Woohoo! Great news - and thank you for letting us know the outcome

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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