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    • Yup, all I can add is that I was a victim of a Backdoor CCJ from Capquest, my fault for moving and not writing to them with my new address.  It sounds counter intuitive but the Best and most important thing to stay protected is to let your creditors know you are moving. Always in writing too, good old fashioned Royal Mail.
    • Sorry to pile more of the brown stuff onto your head – but I think that this speaks volumes. You are not an "ex customer" of Currys. To suggest that you are is effectively accepting that Currys' responsibilities to you ended the moment that they took your money and you walked away with the cooker. Currys' responsibilities are ongoing for the reasonably expected lifespan of the item which you bought and this means that you continue to be their customer for at least that period of time.   If you can start to adopt this mindset, you will start to find yourself pointing in the right direction. We will help to keep you focused
    • In terms of their refusal to comply with your subject access request, you may as well sue them in a separate County Court action. If you'd like to do that then we will help you. It would be very easy to do. You are entitled to claim damages for distress and I'm sure that you are hugely distressed by their failure/refusal to supply you with your personal data and I would suggest that you might want to sue them for £100. These people seem to be pretty disorganised and lack any understanding of how to run a business. I suppose that they would try to defend a data protection action on some spurious grounds – but it would increase the pressure on them and the risk to you would be very low – only about £50 or so in the unlikely event that you would lose the case. In the event that you would win then you would get your court fees back as well as the damage you are claiming unless a court decided that there were grounds for reducing the value of your claim. Pretty unlikely in my view.  
    • I think I have to add some clarification to the advice which has been given by my site team colleague above. Firstly, the Consumer Rights Act does not replace the existing law of contract. It simply supplements it and adds some additional solutions such as the short-term right to reject – and the right to reject within six months after giving a single opportunity to repair. These remedies are meant to be solutions but in fact we are finding – especially with car dealers – that the law is simply being ignored and frankly from that point of view the Consumer Rights Act is not a great success. There really ought to be in place a punitive measure for retailers who don't respect the 30 day rule and the six-month rule. But there aren't. So what is left is that even after six months, the item which has been sold to you must be of satisfactory quality and must remain that way for a reasonable period of time. What is a reasonable period of time depends on the reasonable expectations of a reasonable consumer. If the item starts to develop problems early on in its life then I think it can be generally taken beyond doubt that the item has failed the test of "satisfactory quality" because it has not remained that way for a reasonable period of time. Where an item starts to fail towards the end of its reasonable life expectancy, then you have a more difficult problem and that is where as my site team colleague has suggested, that you would ideally have to find some expert evidence to show that the item had failed because there was an existing defect. You could do this by getting an independent inspection or else by finding other examples over the Internet to show that this was a known problem. My site team colleague is right that you would have to demonstrate a defect even if the item fails at an early stage in its life – but I think that if you are taking a cooker with a reasonable life expectancy of probably, say, eight years – then I think the fact that it has developed a serious defect in the first 12 months would be taken by any County Court judge as clear evidence that it had failed to live up to the requirements of the Consumer Rights Act – that it was not satisfactory quality. If the judge accepted that failure as evidence, then it would be up to the retailer to counter the presumption with evidence that there was nothing wrong with it. So what I'm saying is that in the first instance, I think that the defect speaks for itself and the question now is how to proceed. I'm sure that we can help you and I'm sure that we can help you get a result. I have to say now that you've been here since 2015 and I'm extremely disappointed to find that you seem to be unaware of the fact that you enjoy ample statutory rights to deal with this and that you seem to be lamenting the fact that you didn't take out an extended warranty and that furthermore you seem to be prepared to rely on a so-called 12 month guarantee provided by the manufacturer. You are asking how these companies can get away ripping off "innocent people" and I suppose that you are referring to "innocence" in the sense that people don't deserve it. Frankly I tend to see "innocence" in the sense of a certain naïveté – especially when people know about this forum. I don't particularly understand why you have put up with this for a pretty well five months instead of coming here. If you want to take that as a slapped wrist – then please do. Also it's a message to other people who visit this thread. Can you please tell us about the price you paid and any exchange you had with Currys. I understand that they have simply knocked you back to the manufacturer? Are you surprised? You're dealing with Currys. Another example of innocence. Blesséd are the meek. I don't fully understand the fault. Maybe you could put up a picture of the fault – in PDF format please. It will help us get a better idea what we are doing. Also, have you had anybody coming to have a look and see if it is actually repairable?  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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
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BMA demand immediate end to WCA's


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Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Good spot, osdset, I hadn't heard about that. I noticed this on the link from the first page, which is just unreal.

 

And the DWP has said it wants to improve the assessment, which it says was not fit for purpose when originally implemented.

 

Why on earth did they implement it then?

 

HB

Illegitimi non carborundum

 

 

 

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but the question has to be asked

 

why are all these national media items not reported by the national media

 

i was reading a man set fire to himself in birmingham outside the job centre

 

birmingham is just down the road for me

 

not a whisper, their seems to be a national policy to bury bad news in every aspect of our media, and why is the national media allowing it

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In short, it won't sell. Yet, headlines like "75% of people found fit for work" will sell. It reinforces the general opinion that everyone is a scrounger...

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i read this about a fortnight ago,but once again nothing seems to be done,i`m sure it was something to do with a big meeting of doctors etc in scotland,cant remember where i read it

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but the question has to be asked

 

why are all these national media items not reported by the national media

 

i was reading a man set fire to himself in birmingham outside the job centre

 

birmingham is just down the road for me

 

not a whisper, their seems to be a national policy to bury bad news in every aspect of our media, and why is the national media allowing it

http://www.guardian.co.uk/society/2012/jun/29/man-on-fire-birmingham-job-centre

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The BBC is very reluctant to report anything that might be viewed as anti DWP, ATOS or critical of the government, mind you seeing as ATOS is their IT partner I'm not surprised.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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I just googled the subject (as I thought I'd read an article about it in Private Eye). VERY surprised to see it had been reported by The Daily Mail, and if you look down the page, just how many anti-DWP articles they have published. It's quite shocking! :yo:

 

The link ...

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Keep the pressure on this article we me must keep fighting.. atos out DWP wrong. Doctors Right so we all must fight.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Keep the pressure on this article we me must keep fighting.. atos out DWP wrong. Doctors Right so we all must fight.

totally agree,but what else can we do,

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Email a link to family and friends. People not involved with DWP are not aware of the real effect of these changes., because the governemnt spin is that everyone who is ill or unable to work through illness /disability will be fine and may even benefit from the changes.

 

Is it possilbe for CAG to put a link on their monthly newsletter email ?

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It's good to see the legitimate medical profession fighting back. I work for the Citizens Advice Bureau and we regualarly see ESA claimants who tell us that an Atos Healthcare Professional has, on the strength of a 15 minute interview, completely overturned years of clinical assessment. We have even had cases where the HCP has advised the claimant to end their medication.

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We have even had cases where the HCP has advised the claimant to end their medication.

 

Disgusting. I was always told that they weren't there to give medical advice. Their role is to assess whether you can work or not.

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I agree, Nystagmite, giving medical advice is a disgrace.

 

Atos always talk about the HCPs being trained in occupational health if that's the right words, so they shouldn't be meddling in prescriptions as I see it.

 

SPinDerbyshire, it's nice to see you here and getting involved. :)

 

HB

Illegitimi non carborundum

 

 

 

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As regards HCP's training and experience, we get the impression that they come from a broad range of backgrounds. The danger is that they concentrate on their particular specialism to the exclusion of other areas. So for example, we have a client who reports that the HCP was a physiotherapist who, as you would expect, correctly assessed her physical limitations, but completely ignored mental health issues. It's really a job for a GP.

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This in theory is excellent news.

 

Unfortenatly if it gets no press coverage or not put in a legal challenge it is nothing for the DWP to fear because knowledge is power and if noone knows about this then they dont care.

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What needs to happen is for the GMC to show some backbone and sanction, or at least name and shame, any doctor that conducts a WCA, the NMC should do the same with nurses.

 

HM Gov. Are not likely to take much notice of the medical profession's protests, action is what's needed.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Or as money talks maybe there is a way to show that there is an increased cost to NHS somehow...surely GP involvement is increased by need for ongoing sick notes way beyond when the would be needed if on ESA WRAG or Support?......or the stress of WCA and ESA WRAG and those who are on JSA as have no choice etc is meaning more appointments....increased burden on mental health services.....?:|

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There are certainly increased costs incurred by the overwhelming demand placed on the appeal system. A cynical person might suggest that these are outweighed by the savings the government is making by denying benefits to genuine claimants.

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