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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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      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.  

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

      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.
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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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Housing Benefit Reviews, Appeals, Dispute Form and Guidance**Correct as at Oct 2015*


stu007
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Housing Benefit Reviews, Appeals, DisputeForm and Guidance

 

 

If you have received a Housing Benefit ‘Decision Notice’ and disagree with the decision that has been made there is a three stage process to be followed:

 

Stage 1 Ask the Council to Review its Decision. (NO COSTS)

 

Stage 2 Take your Housing Benefit case to a Tribunal. (NO COSTS)

 

Stage 3 Judicial Review (YES- LEGAL COSTS)

 

STAGE1: Asking the Council to Review its Decision

If you think the Council has made a wrong decision about your Housing Benefit, you can ask the Council to look at its decision again.

 

What sort of decisions can you ask the Council to look at again?

 

You can ask the council to take another look at its decision if it says:

 

Ø Your application for housing benefit has been turned down.

Ø You aren’t entitled to housing benefit anymore.

Ø You‘re entitled to less housing benefit than you think you should get.

Ø It has paid you too much housing benefit, and wants you to pay some of it back.

Ø It will start paying housing benefit from a certain date, but you think it should be sooner i.e. if you had asked for your claim to be backdated.

Ø It is going to pay your housing benefit direct to your landlord in the future.

 

How to ask the Council to review a Housing Benefit decision

 

You must write to the council within one calendar month of the date on the decision letter. If you leave it later than this, the council may say that it doesn’t have to look at your case.

 

If the council’s letter doesn’t explain why they’ve made the decision, you can ask them to write to you with a proper explanation. If this happens, you’ll get extra time to appeal. The days between the council receiving your letter asking for reasons and replying to you don’t count towards the one-month time limit.

 

In your letter to the council, try to explain clearly why you think the decisionis wrong. Include evidence if possible. For example:

 

Ø If the council is wrong about how many children you have, you could send them your child benefit award letter

Ø If it says that you’re earning more than you actually do, send photocopies of your payslips.

Ø If the figure amounts used to reach the decision are incorrect.

 

It's always best to hand the letter in to the council’s offices - (Always make sure you get a receipt - including the date you handed over the letter - and keep it somewhere safe).

 

If you post the letter – (Always get a certificate of posting and/or use recorded delivery and remember to keep a note of the date of posting, along with a photocopy).

 

What happens when the Council reviews a Housing Benefit decision?

 

Your case will be looked at by a different decision maker from the one who made the original decision.

 

The decision maker will take into account the reasons for the original decision, and any new information you have provided. You may be asked for more information at this point. If this is required the council will write to you again requesting the information they require.

 

You will then get a letter from the council telling you if the decision has been changed or not. The time it takes for the council to decide will depend on how complicated your case is.

 

STAGE 2: Taking Your Case to a Tribunal

 

If you have asked the Council to review its decision and it doesn't change its mind, you may be able to appeal to a tribunal. This will involve a judge looking at your case, and making a decision on it.

 

At a tribunal, a judge will look into your case and make a decision based on your evidence and the council’s evidence. You can attend the hearing if you wish.

 

It’s best seek advice before going down this route, as Tribunals are quite complicated and time-consuming.

 

Are there any Legal costs in Appealing to a Tribunal?

 

NO There aren’t any legal costs

 

What you can’t use a Tribunal for

 

Some decisions made by a Council can’t be taken to a tribunal i.e. those to do with how frequently your benefit is paid.

 

Tribunals also don’t deal with administrative problems, like if there’s been a delay or lack of courtesy from the council. If you think you’ve been treated badly, you should take this up with the Council’s Customer Service Department.

 

Starting your Appeal to Tribunal

 

You can download a Step by Step Guide from the Ministry of Justice website:

 

http://www.justice.gov.uk/tribunals/sscs/appeals

 

You must ask for an appeal in writing. The council may give you a form to fill in, or you (or your adviser) could write a letter.

 

Make it clear what you are appealing against, and why you think the decision is wrong. If possible, include evidence to support your case.

 

Your appeal form or letter must reach the council within one month of the date on the decision letter.

 

If you miss this deadline, you’ll need to ask the council to accept your appeal even though it’s late. Make sure you explain why you are applying late i.e. if you have been ill.

 

If the Council says you haven’t given enough information

 

When the Council looks at your letter, it might decide that you haven’t given proper reasons for an appeal. The Council may write to you and ask for more information.

 

After that, if the Council still thinks you haven’t given enough information, it will ask the Tribunals Service to decide whether your appeal should go ahead. If theTribunal Service is satisfied that you’ve given enough information, the appeal can proceed. If not, your appeal won’t be allowed.

 

Next stages in Appealing against a decision on your Housing Benefit

 

The next step is for the Tribunals Service, which runs courts and tribunals in England and Wales – to decide whether you have a right to appeal or not.

 

If it says that you do have a right of appeal, your appeal can go ahead. If it says you don’t, you won’t be able to carry on with your appeal.

 

You’ll be sent a ‘pre-hearing enquiry form’ if your appeal is given the go-ahead. You must fill this in and send it back within 14 days. The appeal process will end if you don’t send back the form on time. If you can’t meet the deadline, it’s very important to contact the tribunal and let them know why.

 

The form will ask you what sort of hearing you want. This can be either:

 

Ø An Oral Hearing – You or Your Representative will need to go along to the tribunal.

Ø Paper Hearing - You don’t have to attend.

 

An oral hearing gives you a chance to put your case in person and answer any questions about your situation.

 

The form also asks for details of your representative, if you have one. This is so the tribunal can send copies of your appeal papers direct to them.

 

If you need a Translator or Interpreter to attend the hearing, make sure you let the tribunal and your representative know well in advance.

 

Preparing for a Housing Benefit Tribunal Hearing

 

Before the hearing takes place, you’ll need to put together evidence for your case and send it to the tribunal.

 

If you’ve asked for an Oral Hearing, the Tribunal will let you where and when this will be held. They will tell you this at least 14 days before the Hearing takes place. It should be held somewhere you can get to fairly easily. (You will be able to claim travel expenses).

 

If you can’t go because of a medical condition, you can ask for the Hearing to be held at your home.

 

For a Paper Hearing, you won’t be told when it will take place, so make sure you send your evidence in as soon as possible.

 

What happens at a Housing Benefit Tribunal Hearing?

 

The Tribunal will involve the evidence being looked at by a legally qualified judge. They will consider all the facts, take into account what the law says and come to a decision.

 

At an oral hearing, you or your representative will get a chance to explain your situation. If you go to the hearing, try not to be nervous or emotional. Make sure you present the facts as clearly as you can. The council may send someone to put forward their case as well.

 

The judge will usually make a decision that day, or you can wait for the decision to be sent to you in writing.

 

STAGE 3: Judicial Review

 

If you don’t agree with the tribunal’s decision

 

You might be able to appear to another, Higher Tribunal – known as an ‘Upper Tribunal’– if you don’t agree with the decision.

 

It’s only possible to do this if you believe that the Tribunal didn’t apply the law properly.

 

You will need to talk to someone who has specialist knowledge of benefits law, such as a solicitor or a welfare rights officer.

 

Applying for a judicial review of a council’s decision

 

Sometimes it's possible to use a process called 'judicial review' to challenge the council’s original decision in court.

 

Judicial review can only be used to challenge the way the council made the decision, not the actual decision itself. It’s a complicated and expensive legal process, and you’ll need to get help from a solicitor or law centre.

 

Appendix 1 contains Housing Benefit Dispute Form and Guidance (In PDF Format):

Edited by stu007

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