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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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    • Namz
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By Namz · Posted

      Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • BankFodder
      Another P2G / EVRi Lost Parcel Claim

      By BankFodder · Posted

      I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • HanaK
      Multiple speeding tickets

      By HanaK · Posted

      I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  

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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

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

      BankFodder posted a post in a topic,

      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
      BankFodder

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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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E.s.a

stephen2010

By stephen2010
in Benefits and HMRC

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stephen2010

stephen2010

Posted
Posted

Afternoon everyone!

 

I have been receiving esa benefit for the last few months(through depression and anxiety),andhave been called up for my medical

on the 7th of August.

 

I am wondering if anyone has any advice they can give to me,that

would be great.Should I take a letter about my illnesses to the

medical or wait until the tribunal?

 

Thanks.

 

Stephen.

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rainbo

rainbo

Posted
Posted

Take the letter(s) anyway, they'll take a copy. It may be ignored at this stage, but at least you have provided it.

 

Before the date, request the assessment be recorded. If they can't or they refuse, ask for a new date for when it can be recorded.

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stephen2010

stephen2010

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Posted
Take the letter(s) anyway, they'll take a copy. It may be ignored at this stage, but at least you have provided it.

 

Before the date, request the assessment be recorded. If they can't or they refuse, ask for a new date for when it can be recorded.

 

Ok,thanks mate.

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honeybee13

honeybee13

Posted
Posted

Hello there.

 

Here's a link to the forum sticky about Atos assessments. It tells you how to answer the questions without saying just yes or no, so your condition should be taken into account properly.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

Of course, you could ask for it to be recorded as has been suggested, so that everything is considered. :) There's a separate thread on that.

 

My best, HB

Illegitimi non carborundum

 

 

 

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stephen2010

stephen2010

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Posted

Good morning all!

 

Just a wee update on my ESA process.I asked my doctor for a letter of my illnesses to take with me on the 7th to the medical.She refused saying:that then will be in touch with the surgery after my medical,and that basically the claims are dealt with random doctors in the sugery when they receive the dossier.

 

She has changed the antidepressants that I was on as well.I don't get to see a CPN until the 13th of September,and feel I needed that letter to take to the medical with me.

 

Should I take the medication that I take down to the medical? Is there anything else that I can do to help this process?

 

Thanks people.

 

Stephen.

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rainbo

rainbo

Posted
Posted
Good morning all!

 

Just a wee update on my ESA process.I asked my doctor for a letter of my illnesses to take with me on the 7th to the medical.She refused saying:that then will be in touch with the surgery after my medical,and that basically the claims are dealt with random doctors in the sugery when they receive the dossier.

 

She has changed the antidepressants that I was on as well.I don't get to see a CPN until the 13th of September,and feel I needed that letter to take to the medical with me.

 

Should I take the medication that I take down to the medical? Is there anything else that I can do to help this process?

 

Thanks people.

 

Stephen.

 

YES take all medication, and remember to tell them what you WERE taking before they changed it.

 

As to Drs being contacted - my ex-husband's GP has NEVER been contacted regarding his illnesses, even though it's part of the assessment process that ATOS/DWP are supposed to conduct.

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stephen2010

stephen2010

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YES take all medication, and remember to tell them what you WERE taking before they changed it.

 

As to Drs being contacted - my ex-husband's GP has NEVER been contacted regarding his illnesses, even though it's part of the assessment process that ATOS/DWP are supposed to conduct.

 

Thanks for the reply. I was claiming ESA a few years ago and that was why I appealed,because of no contact with my G.P also zero points.When I was at the tribunal I was asked if I had a letter from my doctor to take into consideration.

 

Stephen.

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  • 2 weeks later...
stephen2010

stephen2010

Posted
  • Author
Posted

Good evening everyone!

 

Had my medical on Tuesday, I took my sister along with me for moral support and because I was advised to do so.The examiner started shouting at me accusing me of not taking my medication.

 

My doctor changed my medication that I was on (amitriptyline to lofepramine).I took a bad reaction to the lofepramine and had to stop taking them,so I am now using 200mg of amitriptyline again,and have to see my doctor about this.

 

So basically I told the examiner this and she started shouting that I wasn't taking any meds at all.She was writing all this on the computer,and probably more lies as well.

 

Is there anyway I can get a copy of what she has wrote before the tribunal?

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RaeUK

RaeUK

Posted
Posted

You should, iirc, get a copy of the very basic ATOS report with the DWP letter telling you the outcome of the WCA. In the event you do not score enough to qualify for ESA, you appeal. As part of this process, the DWP send you a huge pile of bumpf. Included in this will be the full ATOS 'medical' report. It is in fact just repetitive computer generated claptrap. This will be well before your tribunal date and allow you to go through it and build your case accordingly...

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rainbo

rainbo

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Posted

Yes. When you find out you've "failed" you need to contact the DWP and request a copy of the assessment report. You will receive - as Rae above says - "repetitive computer generated claptrap". You will see everything the examiner entered, and you then have a month to build your appeal case (including pointing out the lies and indiscrepencies) and send it in.

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  • 3 weeks later...
stephen2010

stephen2010

Posted
  • Author
Posted

Good morning everyone.

 

Just an update on my E.S.A claim.I got a call from a lady at the D.W.P asking me if there was anything else I wanted to add to my claim,which i did.Is that normal practice from them to do that?

 

She said also that:"I'll hear from them in the nesxt5 to 7 days". Not very sure to make of that call,because the last time they just knocked me back.

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rainbo

rainbo

Posted
Posted
Good morning everyone.

 

Just an update on my E.S.A claim.I got a call from a lady at the D.W.P asking me if there was anything else I wanted to add to my claim,which i did.Is that normal practice from them to do that?

 

She said also that:"I'll hear from them in the nesxt5 to 7 days". Not very sure to make of that call,because the last time they just knocked me back.

 

Yes. This sounds like you ALMOST got enough points and the DWP want to make sure they have all the info before making their final decision. Re-send to them anything you already sent to ATOS, as they are notorious for not sending all the evidence.

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stephen2010

stephen2010

Posted
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Good morning.

 

everyone,just phoned up the DWP today to get my money paid into my sisters bank account(due to fraud being committed on my account). The guy said:"he'll get someone to phone me later to confirm the new details".

 

Then I asked roughly when my next sick-line was due,and he told me some good news:"that I've been put on the work related group and basically don't need to send in anymore sick-lines for 6 month"but that i'll have to go to the job centre every now and then,to find work which I can do.

 

Am not sure whether I should appeal this because of my health conditions.And if I do how do I go about this process?

 

Thanks to everyone that has helped me on here it means a lot to me,and a special thanks to honeybee13 on the 5 post with that report,that helped a lot.Thanks.

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