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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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mandation to volunterr for a charity shop


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you said things far better than I ever could lily-monroe and in my experience those that enjoy playing the game are not as genuine as those who would rather be straight up and find they are punished for being so.

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How are you meant to earn respect when you cannot get a job.

I also would question how can anyone keep their respect when jumping through the hoops and often in a very demeaning manner - to keep on the right side of claiming benefits.

 

You sort of make it sound as if we should bow down and kiss the ground for the little help we get.

Most people who claim benefits are genuine people, who want to work - they just wanted to be treated with respect - and that cuts both ways surely.

 

 

Respect is about more than just having a job .... its not what you do for a living but the person you are and how you deal with life.

 

I may be temporarily unemployed but I'm certainly not lacking in self-respect, or ambition, or drive or passion for what I want to do. I regularly help and support many people both able-bodied and disabled, not only by being empathic and listening but also in very practical terms, by sharing what I have, teaching others, sharing my skills and talents, and volunteering in the charity sector to raise very substantial funds to support sick and disabled children - some with life-limiting or terminal illness, along with running my own fledgling business for 2 days a week.

 

In an ideal world, we wouldn't have to claim benefits but we live in a welfare state, and if we're not employed or on a very low income and want to survive, we have to jump through hoops - no matter how idiotic or complicated they are - in order to satisfy DWP, we have no choice. We do, however, have a choice about how we behave and treat other people ...... I certainly would never antagonise any member of DWP staff - they are only doing their job - I am always polite and respectful and would never deliberately fail to follow any "direction" given ,,, whether I approved of them or not. There is more than one to skin a cat. Empower yourself with knowledge, know your rights and be assertive but not aggressive. There is no dignity railing against the moon!

 

I believe that most people who claim benefits are, of course, genuine - there are almost 6,000,000 of us in the UK who claim benefits of one kind or another. We can rant and rave about the inadequacies of the welfare system but, unless we play the game, we'll starve. So, until we all vote for a party who will be all to all people, we're stuck with the coalition government we voted for.

 

Impecunious! :-)

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just one thing to add how do you afford a car on JSA because i couldnt?

 

 

 

I hadn't realised that being on JSA precluded anyone from owning or running a car, or a washing machine or even a pc and internet connection - which we all seem to have cos we're here! I budget carefully, pay my bills, eat well and do it all on my own. I also manage to save a little. It's called living within your means.

 

Imp!

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exactly Impecunious. its about exactly who you are. no one was questioning what you stand for but you questioned me and what I stand for. you told me to stop applying for housing and tax benefits because my stance is I will not work in a charity shop because I believe it will not benefit me.

 

you then state that I should be grateful that I am able to eat and receive whatever else I need each day. Why should I be grateful for this? I cannot make an employer employ me, I cannot be responsible for the economic climate, I cannot be responsible for companies being greedy and placing their millions of profits into bank accounts, and will not invest, because they place no confidence in the economic climate to make them further millions.

 

I am not responsible for anything. All I want is a job if no one will give me one thats not my fault.

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Respect is about more than just having a job .... its not what you do for a living but the person you are and how you deal with life.

 

I may be temporarily unemployed but I'm certainly not lacking in self-respect, or ambition, or drive or passion for what I want to do. I regularly help and support many people both able-bodied and disabled, not only by being empathic and listening but also in very practical terms, by sharing what I have, teaching others, sharing my skills and talents, and volunteering in the charity sector to raise very substantial funds to support sick and disabled children - some with life-limiting or terminal illness, along with running my own fledgling business for 2 days a week.

 

In an ideal world, we wouldn't have to claim benefits but we live in a welfare state, and if we're not employed or on a very low income and want to survive, we have to jump through hoops - no matter how idiotic or complicated they are - in order to satisfy DWP, we have no choice. We do, however, have a choice about how we behave and treat other people ...... I certainly would never antagonise any member of DWP staff - they are only doing their job - I am always polite and respectful and would never deliberately fail to follow any "direction" given ,,, whether I approved of them or not. There is more than one to skin a cat. Empower yourself with knowledge, know your rights and be assertive but not aggressive. There is no dignity railing against the moon!

 

I believe that most people who claim benefits are, of course, genuine - there are almost 6,000,000 of us in the UK who claim benefits of one kind or another. We can rant and rave about the inadequacies of the welfare system but, unless we play the game, we'll starve. So, until we all vote for a party who will be all to all people, we're stuck with the coalition government we voted for.

 

Impecunious! :-)

 

I did not vote for this shower.

Neither do I see it as a game we must play - far from it.

I see it as playing with peoples lives at a time when they are at their most vulnerable.

 

I went for my 2nd ATOS medical last week.

I was asked to take 25p from a £1 a coat was pointed to and I was asked what it was.

Touch my nose with right and then left hand.

Spell the word - house!

Is that a game; because it is was no game to me, that is my dignity being kicked into the gutter.

I am ill - not brain dead.

 

I am 56 and have never claimed benefits up until the last few years.

You are not alone in helping others I have always done so - not sure that why, when I am ill, I am seen as a possible scrounger or why I should jump through hoops to prove my illness.

 

I have been honest in all of dealings with the DWP attended every meeting, (with a yes Sir no Sir attitude) and apart from my medical they have been fair to me (would not want to say otherwise).

It is time they worked out the genuine people and treated them with some respect whatever benefit they are on.

After all that costs nothing!

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exactly Impecunious. its about exactly who you are. no one was questioning what you stand for but you questioned me and what I stand for. you told me to stop applying for housing and tax benefits because my stance is I will not work in a charity shop because I believe it will not benefit me.

 

you then state that I should be grateful that I am able to eat and receive whatever else I need each day. Why should I be grateful for this? I cannot make an employer employ me, I cannot be responsible for the economic climate, I cannot be responsible for companies being greedy and placing their millions of profits into bank accounts, and will not invest, because they place no confidence in the economic climate to make them further millions.

 

I am not responsible for anything. All I want is a job if no one will give me one thats not my fault.

 

 

 

You are totally responsible for yourself and your actions!! Good God man!! If no-one will give you a job, do it for yourself. I am!

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I did not vote for this shower.

Neither do I see it as a game we must play - far from it.

I see it as playing with peoples lives at a time when they are at their most vulnerable.

 

I went for my 2nd ATOS medical last week.

I was asked to take 25p from a £1 a coat was pointed to and I was asked what it was.

Touch my nose with right and then left hand.

Spell the word - house!

Is that a game; because it is was no game to me, that is my dignity being kicked into the gutter.

I am ill - not brain dead.

 

I am 56 and have never claimed benefits up until the last few years.

You are not alone in helping others I have always done so - not sure that why, when I am ill, I am seen as a possible scrounger or why I should jump through hoops to prove my illness.

 

I have been honest in all of dealings with the DWP attended every meeting, (with a yes Sir no Sir attitude) and apart from my medical they have been fair to me (would not want to say otherwise).

It is time they worked out the genuine people and treated them with some respect whatever benefit they are on.

After all that costs nothing!

 

 

My comments have not been directed at you. I can't imagine being ill, unable to work and surviving on benefits but I know about caring for someone with mental illness.

 

My son suffers from severe mental illness as I've posted before on here - Paranoid Schizophrenia Psychosis -- he works full-time in a very technical and demanding job, rarely ever has time off sick (but he's constantly sick and ill), is medicated to the hilt, is on anti=depressants and has OCD and a sleep disorder. He does not and will not claim any kind of benefits. I couldn't spend 24 hours in his head. I respect him totally ... he is an example to so many people. He literally has to drag himself out of bed every morning because he is almost comotosed with drugs but he does, every minute of every day is a challenge. He's had this illness for over 12 yrs now but I've never heard him complain - he just gets on with it - because it's the only life he has. The day gives up will be the day he dies - literally and metaphorically.

 

Impecunious!

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you sound just like the advisors at the job center Impecunious and all the liberal ideological thinking that precedes today, no understanding whatsoever for people and how difficult things can be and because someone does not have a job in an employers world who can pick and choose from hundreds of applicants it's automatically their fault.

 

I wish I was back in victoria britain at least I would be able to just walk into a job without having fill in application forms, write CVs and then have an interview before I am even considered for a job and then have to struggle before I am even paid for the work I have done. The victorians were cruel but at least they kept things far more simple than they do today. The politicians do not see this and blame only the job seeker for not trying hard enough.

 

 

 

If finding a job was just as simple as contacting an employer I would have hundreds of jobs to go to.

 

I agree with lily-monroe I am not interested in playing games just so I can eat and have anything else that is my human right. I am a person who should be treated with respect no matter what my values are, no one has the right to dictate how people should think and act just to satisfy their own beliefs.

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you have much more means than anyone else because running a car is expensive.

 

I get exactly £71pw week - normal JSA for someone over 35 _ DWP only allows for a £5 pw disregard. Any income earned in excess of £71 will be deducted almost penny for penny from my HB and CT ... ..... Not disclosing earned income whilst on benefits would be classified as "fraud" .. I might be forthright but I'm certainly not dishonest or a benefits cheat!

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you sound just like the advisors at the job center Impecunious and all the liberal ideological thinking that precedes today, no understanding whatsoever for people and how difficult things can be and because someone does not have a job in an employers world who can pick and choose from hundreds of applicants it's automatically their fault.

 

I wish I was back in victoria britain at least I would be able to just walk into a job without having fill in application forms, write CVs and then have an interview before I am even considered for a job and then have to struggle before I am even paid for the work I have done. The victorians were cruel but at least they kept things far more simple than they do today. The politicians do not see this and blame only the job seeker for not trying hard enough.

 

 

 

If finding a job was just as simple as contacting an employer I would have hundreds of jobs to go to.

 

I agree with lily-monroe I am not interested in playing games just so I can eat and have anything else that is my human right. I am a person who should be treated with respect no matter what my values are, no one has the right to dictate how people should think and act just to satisfy their own beliefs.

 

 

Of course I have an understanding of being unemployed -- I live it every day -------------------- I am UNEMPLOYED, in receipt of JSA and signing on every fortnight - just like you and millions of other people ...... but I'm not going to be defined by being jobless .......

 

In Victorian times, if you were unemployed and starving, with no financial support, you'd probably end up in the work-house ...... or debtors' prison ........... or dead!

 

END OF!!

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