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    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
    • Hi What they have asked in what you have highlighted isn't unusual at all as Councils have numerous different departments that deal with specific different areas within that council. So if what you are asking in your DSAR is say specific to Housing Benefit, Council Tax Benefit, Planning Permission etc then just let them know that specific area. On the other hand if you want every bit of DATA they hold on you then simply tell then ALL DATA they hold on you it's them up to then to go through all depts to check for it. 
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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
      • 162 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 Permitted Work


Pritti
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Sorry to piggyback onto this thread but I can never work out how to start a new one.

 

I have not received any news from the DWP since filing my ESA50 in September. I don't therefore know whether I have been placed in the WRAG or Support Group. I suspect the former.

 

I assume the lack of response from them (well not lack, they still pay my benefits, thank god) re my group is because of the ATOS issue.

 

My health has both improved and worsened: musculo-skeletal pain improved, mental health worsened since losing my dad, epilepsy much worse.

 

However, the improved bit does mean that I can now sit at a computer or do something else for a few hours per week. I am not so miserable and depressed because of constant pain.

 

I therefore want to apply to do permitted work, so that I have a safety net while I try to set myself up as, eg a freelance writer and/or tutor. These, I have worked out, are less stressful and can be done on a flexible basis - however, neither brings an assured income, which, since my husband's redundancy is essential to our survival. Getting some extra income is too - he does a few hours at his union and I am determined to do a few hours at home.

 

However, I have been scouring the web for advice and also did a recce at the jobcentre and from both I get the distinct impression that whilst applying to do permitted work should not count against you, should in fact be encouraged, the reality is that it will draw attention to your ability to work and you will be called in for a re-assessment or lose your benefits at once.

 

The other thing I thought of is to get the help offered to over fifties but I can get no advice on this anywhere, except DWP - whom I am loathe to ask anything because they will pounce and take my benefits before I have even tested the work waters.

It's not an encouraging picture so far - am I being stupid? At 56 and with a history of ill-health am I mad to want to work?

But we do need more money so badly!

 

All advice and thoughts on this much appreciate!!

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:Pritti:

 

To start a new thread from the one you're reading;

 

Click the back icon in the top left hand corner of your screen until you get to the garish greeny yellow thread titles for The Consumer Forums: Benefits and HMRC. Just above the heading there's a blue Post New Thread Box.

 

The delayed response to your ESA50 is due to the Atos issue of their backlogs, but reassessments should be completed (eventually) for claimants who were referred to Atos before 20 January 14.

 

A useful factsheet about permitted work at;

 

http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions

 

You don't need anyone's permission to try permitted work, but you do need to complete a very simple PW1 form. There's no process for a PW1 to trigger loss of benefits or reassessment, so long as your proposed work can be done within your claimed limited capability.

 

Best wishes, Margaret. :panda:

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