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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Madmart58
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      By Madmart58 · Posted

      Appreciate your response BankFodder. I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the Supply of Goods and Services Act and Unfair Contract Terms Act 1977. I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant should be given judgment. Have I read this correctly? The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt that she will be willing to corroborate the events with a written statement.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Snooping by local government

sallypotter

By sallypotter
in Benefits and HMRC

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jacob18

jacob18

Posted
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As im sure you are aware Sally you are guilty now until you can prove innnocence , that is the way i see it. I am sure it will be because they were such large amounts , that is all i can think of and she has to prove that she was not being deceptive , as i am sure she wasn't , she needs legal advice , good luck.

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DigitalProduct

DigitalProduct

Posted
Posted
I have frequent issues with my LA caused by my being a clerical ESA claim. I regularly have to go in to LA office with bank statements to prove income. They go through them with a fine toothed comb, question in depth, how I provide for myself and kids, and question me on every amount on my bank statements, both incomings and outgoings.

 

My point is, im entitled to the HB and CTB so am only too happy for them to do so. I don't care what they know I've spent my money on as at the end of the day, it's their duty to try to prevent fraud of any kind, and as I've nothing to hide (not saying your cousin has) I co-operate fully. This is what I HAVE to do do in order to keep my benefits, and I personally feel it's a very small price to pay, a pain at times, but it keeps a roof over my head, and for that, I'd go to almost any lengths the LA demand.

 

What happens when the LA don't do their job or even try to defraud the public?

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antone

antone

Posted
Posted
What happens when the LA don't do their job or even try to defraud the public?

 

Do you have a particular case in mind? It's hard to answer those sorts of questions in general terms.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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MIKEY DABODEE

MIKEY DABODEE

Posted
Posted
No she got £14k in total.

 

Declared this, then gave £9k in total to her kids and grandson.

 

I'm not getting anywhere here am i?

 

I'm sure this has all been explained previously.

 

Mike please if you are reading your advice.

 

As she told ESA now that she has 5k in capital or still paying tariff income on 14k.

 

I cant see why she would want to declare 14k, then gift 9K :(

 

Has she got a partner, or ex partner? did any of the money go to her own children wh maybe live with the ex partner,

LA have something in mind

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antone

antone

Posted
Posted
As she told ESA now that she has 5k in capital or still paying tariff income on 14k.

 

I cant see why she would want to declare 14k, then gift 9K :(

 

Has she got a partner, or ex partner? did any of the money go to her own children wh maybe live with the ex partner,

LA have something in mind

 

These were my thoughts as well. If she's still paying tariff income on £14k, what's the angle here?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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sallypotter

sallypotter

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She hasn't told ESA she gave some of the money to her children and grandchild.

 

What business is it of theirs, it is her money? She's not asking for more money from them, so what's the problem?

 

She's still paying tarif income on the inheritance of £14k.

 

This is our point, as far as ESA are concerned she has £14k and is being treated as such, so what is the problem, she's not asking for any more ESA!

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sallypotter

sallypotter

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Mike,

 

these are our thoughts that the LA have something in mind.

 

If they straightforward put it to her, then they might get an answer.

 

They are fishing and it is downright outrageous.

 

She declared the £14k as it was a change in circumstance.

 

She gave her kids and grandchild some money because that was her choice, why not?

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debt4get

debt4get

Posted
Posted
She hasn't told ESA she gave some of the money to her children and grandchild.

 

What business is it of theirs, it is her money? She's not asking for more money from them, so what's the problem?

 

She's still paying tarif income on the inheritance of £14k.

 

This is our point, as far as ESA are concerned she has £14k and is being treated as such, so what is the problem, she's not asking for any more ESA!

i honestly think sally..that they are looking at deprivation of capital...this is why they are asking....understand that she is not claiming any more esa than she is entitled to... however, the hb are presumably concerned enough to ask where this money has gone...i think unfortunately you have two options...dont tell em and you will lose entitlement to hb...or tell em and they will make a decision on this basis....i dont think there is going to be any way to avoid this unless she is in a position to service the rent etc herself...wish you all the best...

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sallypotter

sallypotter

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Thanks debt4get,

 

 

Been thinking about this (obviously) a lot.

 

Don't think LA have a leg to stand on in a court of law.

 

She's declared everything, they must have their reason/s why they want to know her expenditure, as she hasn't asked for any more ESA, but what who knows?

 

If it's deprivation of capital then this doesn't apply as she's not trying to get any more ESA.

 

If they want to interview her and charge her with something then she says let them because she feels they are acting beyond their powers.

 

Sorry but if she's not asking for more money then what right do they have?

 

All these flimsy suggestions that some people have given are nonsense.

 

LA are only ones that seem to know where they are coming from and you can't get an honest or straight answer from them.

 

Thanks though debt, she won't be claiming soon anyway it was only a temporary measure and not sure it was even worth it....

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sallypotter

sallypotter

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Thanks again debt,

 

You know what makes me mad or even madder, lol?

 

It's CAB, posters etc. saying along the lines of "have you claimed all the benefits you are entitled to?" etc. etc.

 

Is it really worth it?

 

Seems it's just to get information on people that they can use against them when the time comes?

 

To control and have power over people.

 

I told my 27 year old son, never claim any benefits if you can help it. Fortunately, at the moment he doesn't need to. Hope that remains the case, i really do.

 

It's no wonder sensible people don't bother.

 

My cousin never would have claimed the hb if she hadn't been told by the CAB to, she was more than willing to use her inheritance but was told she was entitled to claim hb, so do it.

 

Look where that has got her?

 

Bye for now,

 

Sal

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Guest amianne

Guest amianne

Posted
Posted
Thanks again debt,

 

You know what makes me mad or even madder, lol?

 

It's CAB, posters etc. saying along the lines of "have you claimed all the benefits you are entitled to?" etc. etc.

 

Is it really worth it?

 

Seems it's just to get information on people that they can use against them when the time comes?

 

To control and have power over people.

 

I told my 27 year old son, never claim any benefits if you can help it. Fortunately, at the moment he doesn't need to. Hope that remains the case, i really do.

 

It's no wonder sensible people don't bother.

 

My cousin never would have claimed the hb if she hadn't been told by the CAB to, she was more than willing to use her inheritance but was told she was entitled to claim hb, so do it.

 

Look where that has got her?

 

Bye for now,

 

Sal

 

It happens all of the time. Getting bad advice, poor service.

 

I was reading of a elderly couple who were receiving Guaranteed Pension Credit, full Housing Benefit and full Council tax Benefit and had considerable savings - in excess of £75,000. Because of the way Pension Credit works, there is no need to tell them if your savings go up. The increase in capital is ignored. When they first claimed they had £2000, then received a large inheritance.

 

CAB told the chappie that he should be receiving IIDB. They applied for him and he was awarded about £60 a week. Unfortunately, because of this extra income, it took them over the limit for Pension Credit so they had to support themselves from then on. However, when they applied for HB & CTB, they were told that they couldn't get either due to savings.

 

The moral of that story is why claim an extra £60 a week when you stand to lose £185 a week from other benefits!

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Slatted

Slatted

Posted
Posted
Thanks again debt,

 

You know what makes me mad or even madder, lol?

 

It's CAB, posters etc. saying along the lines of "have you claimed all the benefits you are entitled to?" etc. etc.

 

Is it really worth it?

 

Seems it's just to get information on people that they can use against them when the time comes?

 

To control and have power over people.

 

I told my 27 year old son, never claim any benefits if you can help it. Fortunately, at the moment he doesn't need to. Hope that remains the case, i really do.

 

It's no wonder sensible people don't bother.

 

My cousin never would have claimed the hb if she hadn't been told by the CAB to, she was more than willing to use her inheritance but was told she was entitled to claim hb, so do it.

 

Look where that has got her?

 

Bye for now,

 

Sal

 

I think the CAB should suggest she get what she is entitled to (in fact it would be unreasonable that they do not do so) and many people really do need to know and claim it all to survive so how could they make distinctions?

 

To me it seems that the problem is the level of scrutiny that is now being required in order to satisfy those responsible for paying out the benefits that is the issue here is it not?

 

It is uncomfortable to be asked for so much information, that is for sure, and I can understand how it can feel worse when emotive issues surround it as well as mental health ones.:-(

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MIKEY DABODEE

MIKEY DABODEE

Posted
Posted
Mike,

 

these are our thoughts that the LA have something in mind.

 

If they straightforward put it to her, then they might get an answer.

 

They are fishing and it is downright outrageous.

 

She declared the £14k as it was a change in circumstance.

 

She gave her kids and grandchild some money because that was her choice, why not?

 

The LA think they have or have uncovered something,

I am at a loss, if she has declared 14k to ESA,

 

paying tariff Income then HB should accept this,

but I think, they think there is more capital, that would take her over hte 16k because it seems they dont want to pay HB..

 

she could have just given the money to the children and just declared what was left, she didnt but it looks like the LA doesnt want to accept this.

She may just have to wait now to see what they come out with next....

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sallypotter

sallypotter

Posted
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They think she had an interest in another property, which they know she hasn't, the woman told her this on the phone.

 

This was told to them by one of the other beneficiaries.

 

They know she hasn't received anything from the sale of the house she part inherited to date.

 

We can only conclude it is one of the other beneficiaries making up stories as he has been doing this for several years trying to get her in to trouble.

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debt4get

debt4get

Posted
Posted

it does if you look at their mindset....they claim she may have an interest in another property..therefore the money could be going into that property..maybe on maintenance in order to sell etc.....as much as i understand both yours and her position...in order to get them 'off your back' would it maybe not in her interest to give them the information...but i perfectly understand if you do not want to go down that route...the bloody cheek of it is unbelievable!! but unfortunately that is the system today...good luck!!

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sallypotter

sallypotter

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The woman has looked at what they thought/HAD TO HAVE BEEN TOLD was her interest in the other property and realised that she doesn't have any interest.

 

So that doesn't exist.

 

You are absolutely right "the bloody cheek of it is unbelievable!"

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jacob18

jacob18

Posted
Posted

I have decided even though maybe unintentionally doing anything that they may deem as deceptive , that they will make me pay somewhere along the line , if they cant do it , they will just make life as hard as possible in every way , i wish you much luck and success !

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