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    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
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    • 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 
        • 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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ESA tribunal


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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hello jac, welcome to CAG.

 

You've posted in a forum about CAG itself, so I've moved you to the benefits forum. I expect the guys will be along over the course of the day with comments for you. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415376-ESA-tribunal

 

Thank you to RMW for getting this started. :)

Illegitimi non carborundum

 

 

 

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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

Thank u kindly

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:Jac1669:

 

Easier for me to say than you to accept but there's nothing to be terrified of. Benefit tribunals aren't quite a chat round the kitchen table, but they're nothing like a formal courtroom either. Most tribunal panels are well used to stressed appellants and make allowances for nerves. From my experience, you'll find the personnel at the tribunal venue a lot easier to deal with than Atos/Jobcentreplus. The video at #23 of the link below reflects my personal experience of tribunals for employment n support.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?386694-resuming-esa-after-atos-assessment

 

I can't know what preparation you've already done for this tribunal hearing, but if you've not already done so, you've a few hours left to think about which criteria for employment n support with the support component you satisfy and why. They're listed in the ESA214 booklet at the sixth link of the guide linked to at #3.

 

Exceptional/special circumstances at pages 11 - 12.

 

Descriptors of activities that are relevant to the workplace at pages 26 - 28. You only need to satisfy one.

 

As examples of what you need to think about;

 

If you can't walk/wheel 50 metres, why not? Heart/lung disease or spinal problems? How does it affect your day to day life? Praps a carer drives you to the doctor, or you have groceries delivered cos you can't walk to the bus stop or round a supermarket.

 

Does anxiety cause you to 'lose it' if the slightest thing goes wrong? Should a bus not turn up, would you wait for the next one or be so anxious/depressed you'd give up and go home?

 

Work related activity a substantial risk to your health? What's likely to happen if you have to visit a Jobcentre or attend the work programme?

 

Come tomorrow, you don't need to make any special effort. Go out as you would for an appointment with your doctor or at the hospital. Be yourself and tell the tribunal how it is for you, day in and day out, cos of your disability.

 

Sincerely, Margaret. :panda:

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