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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

I think I'm being fobbed off


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Argh.

 

Diagnosed in May 2012 with Arachnoid cysts and was told they don't know the prognosis and I was discharged.

 

Went to GP about in July 2012 about headaches and was told to drink more.

 

Went to the opticians in July and explained that part of the reason for my visit was because I was constantly getting headaches. The optician told me that he doesn't think it's eyesight related, gave me new glasses and told me to visit my GP.

 

Did that was told by the GP it's tension headaches, he doesn't think it's to do with AC and told me to just take paracetamol and ibuprofen.

 

I know my headaches are sometimes eye strain; but these aren't. And it's always the same place. (above my right eye, which has much less vision in than the left)

 

I don't want to be in the situation where I'm constantly having to visit my GP and begging for him to do something. :( There was talk of neurology referral and beta blockers too.

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http://www.dailymail.co.uk/health/article-2198751/Arachnoid-Cyst-Schoolboy-Laughlan-Dougall-undergone-40-operations-cure-year-headache.html

 

How very odd - someone sent me this link a few days ago regarding Arachnoid cysts.

 

Could you not pester your GP to refer you back to the Consultant who diagnosed your condition in 2012 !

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Citizen B is correct in all but one point don't pester DEMAND referral to a neurosurgeon, show the your GP that article you should not have to suffer!!

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Argh.

 

Diagnosed in May 2012 with Arachnoid cysts and was told they don't know the prognosis and I was discharged.

 

Went to GP about in July 2012 about headaches and was told to drink more.

 

Went to the opticians in July and explained that part of the reason for my visit was because I was constantly getting headaches. The optician told me that he doesn't think it's eyesight related, gave me new glasses and told me to visit my GP.

 

Did that was told by the GP it's tension headaches, he doesn't think it's to do with AC and told me to just take paracetamol and ibuprofen.

 

I know my headaches are sometimes eye strain; but these aren't. And it's always the same place. (above my right eye, which has much less vision in than the left)

 

I don't want to be in the situation where I'm constantly having to visit my GP and begging for him to do something. :( There was talk of neurology referral and beta blockers too.

 

How was you diagnosed, because the only way i know of is by M.R.I. If that as not been done you are being fobbed off mate.

did they they tell you where the cysts are located because they can give different symptoms depending on location.

Edited by mr_mastiff
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Thanks. It was by MRI. I had an MRI for something else, they saw something that shouldn't be there, couldn't work out what it was, gave me another MRI, ignored the original issue and gave me the AC diagnosis.

 

I can't remember where they said they were located. But he (GP) said it's not where I'm experiencing headaches.

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I have been trying to find out the recommended review times for AC. In America its at least once a year minimum but I cannot find anything concerning the U.K at the moment I have tried N.I.C.E but can only find guidelines for procedures. I will keep digging and see what I can dig up

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Thanks. It was by MRI. I had an MRI for something else, they saw something that shouldn't be there, couldn't work out what it was, gave me another MRI, ignored the original issue and gave me the AC diagnosis.

 

I can't remember where they said they were located. But he (GP) said it's not where I'm experiencing headaches.

 

Have the headaches been increasing in intensity or duration if they have then the GP should refer you

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They do keep increasing. GP did seem to imply that the referral would be the last resort. I've seen that consultant before and I thought he was awful. :(

 

I am sorry but you must insist. Everything I have read indicates that it may not be due to AC, However even if it only a small chance that it is, it must be eliminated. Both for your safety and peace of mind. There is also the option of asking for a second opinion if you are unhappy with your consultant. That is your legal right.

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Nystagmite, Hi I been looking around and there is not a great deal out there for you. There are no support groups that I can find in the U.K. Nearly all of the material out there relates to children. I have found a few support sites around the world which I have enclosed below which could be of interest to you. There appears to be a world wide problem with getting doctors to listen to you.

 

arachnoidcysts.org/mission.php

groups.yahoo.com/group/arachnoidcystfriends

neurotalk.psychcentral.com/thread18964.html‎

http://www.arachnoidcystsupport.blogspot.com/‎

http://www.arachnoidcyst.org.nz/‎

 

There is also a link to a library which you may find useful. http://www.healthline.com › Reference Library

 

I have tried to find published Guidelines/Protocols For the treatment of A/C but its that rare they do not exist. I looked on the N.I.C.E site and again nothing that would be of use to your case.

 

I have rang a friend who works as a nurse in neurology and asked her what advice is given to patients on discharge, she replied that it was very patient specific due the nature of the cysts and there location. She did ask what advice you were given on discharge by the consultant. I asked her about your symptoms but she would not give me an answer as such. I did ask her that if you were in his position what would you do. She said she would be banging on the GP,s door.

 

She also said the following book was very usefull . The Official Patients Source book on arachnoid Cysts, its american and I do not know how useful it will be to you.

 

I am sorry there is so little but when it comes to AC there seems to be a black hole on information to help you.

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Thanks for your help. :)

 

I did join a group on Facebook, which appears to be American and it seems as though they do things differently over there - many people seem to have (or their children) VP shunts and /or have had surgery to remove the cyst. According to my notes, it says "there is a question of a mild cyst" - that was around June last year. A letter from ophthamology does give the AC diagnosis.

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Nystagmite, Its been over a year since you was last reviewed I think that it is time to be referred back to your consultant. Its not my area of medicine but I believe you have good physical and psychological reasons to ask for a referral back to The neurologist. I hope everything turns out for the best for you.

 

P.S The Americans do have a different approach to medicine. There are a number of risks to this type of surgery and the British approach is to balance the risk to the benefit of each case. from what I have read a large number of cases do not require intervention just monitoring.

Edited by mr_mastiff
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I have an appointment to see the GP again next week. Now having problems with the pressure in the front of my head. :(

 

I hope everything goes well, stand your ground and insist on a referral, if your pain and eyesight are deteriorating then ask them the question why.

 

There is an old motto from my days in the Army that" knowledge dispels fear" and I believe i that they should be giving you the answers or explanations that you require.

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I've seen a different GP each time. BP was taken last time.

 

I know my questions seem a bit random, but as there been any increase in your blood pressure since diagnosis? If there as been a increase that coincides with your headaches and eye sight problems then you should be referred.

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My BP has never been taken apart from last time in relation to this. Each time it's been "just drink more water" (currently drinking up to 3 litres a day) or "take ibuprofen and paracetamol". None help at all.

 

The tests they use to test eye sight, aren't that accurate in relation to the conditions I have - because things like tiredness affect how much I can see.

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So, it's not tension headaches I have, it's migraine apparently. I explained that I've had migraine before and it was completely different.

 

Did you ask to be referred back to your consultant? Did he start you on any medication for your "migraine".

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No I didn't ask. I've been put on imgran, I think it's called. And it's a right pain - got 6 tablets to last me 2 weeks and can't take more than 2 in 24 hours. :(

 

Imigran is a very good tablet for migraines but watch for side effects. I hope they help.

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Thanks. :) No side effects so far. But they've not helped that much either.

 

There are better one but the NHS always go cheapest first. Give it a few weeks then ask for an alternative. Just as a thought my migraines stopped after they changed one of my other medications (anti depressive).

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