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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

ESA Appeal Hearing


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at the end of the week. The person under appeal is attending as is a newbie from the Citiens Advice, my question is, is a friend of the person appealing allowed to attend and speak on their behalf? Their is a written statement from a friend that forms part of the appeal but I think it would be better if a friend could attend and speak on the persons behalf to the tribunal?

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Hello there.I think anyone chosen by the appellant can attend with them. Are you going to tell the CAB newbie not to come along? It might be difficult if there's CAB and a friend as well.

 

I don't know how much CAB have prepared in writing, but if they haven't, please have a look at my sticky in the yellow part of the forum post titles. It's a template for showing how many points your friend should have scored at the Atos 'medical' and why. It's helped several people win and one cagger's Welfare Rights rep said it helped them prepare a case. We did a written summary for the appeal panel that we think helped our case.

 

Please ask anything else you need to know before the hearing, we'll do all we can.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi

Appeals are independent from the DWP and JCP, which is why 40% of all appeals are upheld and up to 70% when the customer is assisted.

Ask the Judge if you can speak for the Customer (edit)

Don't panic and think positively

I have been waiting for 17 & 12 months for my two appeals and no sign of either of them surfacing this side of Easter.

Edited by ErikaPNP
Removing inappropriate content in keeping with the forum rules
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Yes a friend can go in with the appellant, but they do prefer that the appellant answer the questions. They will usually ask at the end if there is anything that anyone wants to add, and that would be the opportunity to speak. Be careful though, I've seen well meaning friends and relatives say things that lose the appeal.

 

Honeybee, it worries me that the welfare rights rep didn't already know how to prepare an appeal!!!

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Leemack, I didn't mean to say the WR rep didn't know what to do, maybe it was a helpful summary to get him/her started. I haven't heard the full story, just that comment.

 

Jogon, I also meant to say that I hope the appellant is planning to attend, however tough it feels. It should be worth it. My OH was told by a tribunal chairman that we stood a much better chance if I went in person. Also, I think most people have found the tribunal to be fair-minded and if you tell them something about your health or mental health, they will believe you. At my appeal, I did have to do most of the talking, but my OH was there to prompt me.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi honeybee, there are some inexperienced reps out there, so it wouldn't surprise me - but thats another reason why your sicky is so helpful. As well as helping those who don't have a rep, it can also reassure those that do, that their case is being prepared properly. I've also seen people in other sites who have reps - but haven't had the appeal process, or their case properly explained. I think you know more about appeals than some advisers I've heard of - and definately more than most solicitors!!

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My OH did a lot of the structuring of it. He decided we had to argue with the DWP using their own rules against them. Btw, do you mean 'sticky', leemack? :)

 

My best, HB

 

:lol: Yes, sticky. Should really check my typing before I post! I nearly sent a letter once to 'Dear Sir or Madman' - glad I checked that day:-)

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