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    • Computerised checks will become a bigger part of everyday life. And some of these will be an annoyance. But in general, I think most will be helpful and reduce risk. I was on holiday in the UK recently and was spending more using my debit card. I noticed that I was not required to enter my pin number for any transactions, whereas normally I would have to enter pin number once in every 8 transactions approximately. But as I had paid for accommodation and transport, I think the Banks computer recognised I was on holiday, therefore applied relaxation to pin requirements.  Algorithms will get it wrong sometimes, but in general I think they will be of benefit. Government departments will of course be criticised and subject to reasonable scrutiny, but I think every aspect of people's lives will be routinely checked by computers, both public and private sector.  It is making sure  protections are built in, to ensure that organisations have humans available to intervene where needed and be accountable.
    • It sounds as if they need better algorithms or another way to check. DWP algorithm wrongly flags 200,000 people for possible fraud and error | Housing benefit | The Guardian WWW.THEGUARDIAN.COM Exclusive: Two-thirds of housing benefit claims marked as high risk in last three years were legitimate, figures show  
    • I'm afraid that both yourself and we will need to see the claim form as a basic minimum. As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim. When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside" If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence. I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are. Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend. I'm at a bit of the lost to give any more constructive advice at this point. Access to the claim form is essential. You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset? Have you checked your spam folder?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hi I'm new here so please treat me gently.:!:

I have a dispute with a letting agent and landlord who will not return our deposit. We have an agreement that is recorded as an ‘Assured Shorthold Tenancy Agreement’ which states that it is governed by the Housing Act 1998. I have requested on a number of occasions for details of the Tenancy Deposit Protection scheme that they have used and they have not provided any answer. I have also asked for details of the Landlord but again they have failed to answer.

The only information I have is the agents details and the line on the tenancy agreement that lists the landlord as ‘person’s name (letting agents name)’. I suspect that the agent, or a family member, is the landlord. I want to start legal proceedings but do not know who I should proceed against, if I take action against the agent for recovery of the deposit will this fail if they arenot the landlord?

Does anyone know how I can gain the details of the landlord so I proceed against the right individual? Also, does anyone know if I make a claim through the small claims court whether they have the power to impose a fine for not complying with the TDP scheme or landlord. Can anyone advise me on how I should proceed please? Thanks Martin

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As for the owner of the property, this can be obtained through the Land Registry on line, cost about £4.

Once you have that, suggest you name both LL and LA in any action to recover deposit in SCC. You need to send a letter before action giving them 7 days to respond before starting court action.

ask court to send forms or you can do it online ( MCOL ).

If you want to pursue non- protection that will be in the county court multi track route and will cost you quite a lot to set up.

Also it illegal not to have a uk contact address for the LL, if it is through the agent, you can use that, and it will be up to them to forward.

Make sure everything is sent signed for, as proof of receipt.

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Tech NO. AIUI the request is a legal Notice and should be served in writing.

 

You could call in, hand over letter (copy of email) and remind LA manager that he legally has to supply address within 21 days,which he has clearly failed to do.

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