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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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    • 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.
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      BankFodder

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    • 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 
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      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
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      WanTToMoveOn

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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

      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
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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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ESA Questions

BHAFC

By BHAFC
in Benefits and HMRC

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BHAFC

BHAFC

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Firstly I won my appeal this week received 24 points (as opposed to Zero from DWP). However I was only put into the wrag group which is not helpful as I have severe agoraphobia/anxiety. I had a representative who represented me at the Appeal hearing.

 

The judge made a comment that said they could only make their decision based on the facts from March 2011 (when I submitted the appeal) and not now. She said that if they could make their decison as of now I would have been put into the Support group because the law had changed?

What do I do now? I am not fit to go to work - (GP's latest certificate to DWP runs out mid December 2012). Am I going to start getting letters from DWP asking me to attend work interviews? which I cant poss attend. ? Do we have to submit another Appeal as of now? to get into support group?

 

Am I entitled to receive the wrag element of ESA from week 14 of my claim to 30th April 2012? Does this happen automatically?

 

The Judge also put on her decision letter that I would not need re-assessment for 2 years. Is that 2 years from now ie August 2014?

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Nystagmite

Nystagmite

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Am I entitled to receive the wrag element of ESA from week 14 of my claim to 30th April 2012? Does this happen automatically?

 

Yes. It may take a few weeks to come through.

 

The decision is based on how you were at the time and not now.

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estellyn

estellyn

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You're likely to get reassessed by ATOS soon. You can pre-empt that by writing to the DWP and offering evidence of a worsening of your condition, which would then probably mean an ATOs assessment. The risk with reassessment is that you could score 0 points again.

 

You can only challange a Tribunal decision on a point of law - so unless your rep thinks there are grounds that avenue is closed to you.

 

You need to go to work focused interviews for WRAG - these involve seeing an adviser and discussing future plans for work. They cannot force you to do anything which would be contrary to the descriptors you scored points on - but though some advisers are very good, some can put pressure on you to take up other activities. If you suffer with agoraphobia then you can insist on doing the interview over the phone - they will normally allow this as the other option is a home visit which they don't want to do. You may also want to have someone with you during the phone interview to take over and talk to the adviser if you get too stressed and anxious.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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BHAFC

BHAFC

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Great all sounds wonderful NOT. I'm applying to my former employer of 30 years pension fund for an immediate payment of my deferred pension due to my disability....fingers crossed the Trust approve this. I presume if I get zero points again - I can re-appeal? as of now? I'm not getting any ESA now as I'd received it for over a year - and I have over the savings threshold.

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estellyn

estellyn

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Yes if you get 0 points you could appeal again. If you don't mind the prospect of another appeal, you have little to lose by getting reassessed again, as you're not being paid any ESA.

 

Lee

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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BHAFC

BHAFC

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Would I still have to provide DWP with sick certificates again? If I got re-assessed/zero points? I've got all the info from before - and my Rep attended on my behalf.......its just the amount of time it takes for appeal to be heard......18 months this time.

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estellyn

estellyn

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If already in WRAG and appealling to be put in the support group, does the person have to give fit notes? I don't have direct experience of this, but I would have thought no - by being put in WRAG the need for fit notes ended.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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antone

antone

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If already in WRAG and appealling to be put in the support group, does the person have to give fit notes? I don't have direct experience of this, but I would have thought no - by being put in WRAG the need for fit notes ended.

 

Correct - notes are needed when appealing a points failure of the WCA, but not when appealing a decision to place the claimant in the WRAG.

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