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    • Even if he was over the time  that still does not allow them the powers to fake evidence.. even the police cant do that   mmmmmmm 
    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
    • Kickstart your career with a Data Entry Clerk Traineeship With Lightsy And Remit Training and #CreateYourFuture.View the full article
    • So long as they aren't unlawfully discriminating against you because of a protected characteristic, I presume that like anybody else they can pick and choose whom they do business with.    I understand places like Amazon and eBay will close "problem" purchaser accounts quite commonly, and will often also close other accounts that they believe are connected to a problem account  (eg same email, same physical address, same payment details etc).
    • Hi 1st all NO I will not turn it down I'm up there with the big boys   china Russia India me   with global warming   lol .  Thank you for your help but iv got nowhere with !  your repair !  As in terms of them replying  or help .its the wrong time year to drag this out fighting them while I got no hot water or heating.  I have left bad reviews on there sites  hoping that will help others from making the same mistake as me  ! joining there scam !.  As for the NEST  yes it's the government backed scheme for ppl on disability an low income to help warm there homes .  Just do what I did ASK   they can only say yes or no  and there supa fast . So thank you . I will be keeping a look in and see if any one else post about  !your repair!  As I can guarantee I wont be the last person scammed.   Cheers . 
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Disability discrimination?


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Hi,

 

I just wanted to know if anyone has had the same experience or has any information on what to do about this.

 

At the start of my college course I informed them that I had epilepsy. I needed a few days off because of it and then I received an email in October from my tutor telling me I had been removed from the course. I hadn't been offered a chance to explain or offered any student support services before, or offered any reasonable adjustments.

 

I was told I might be able to get back onto the course if I was able to supply a letter from a doctor stating I would not have any more issues with the seizures. The person who told me this worked in healthcare and knew this was impossible. After a week I was able to force them to get me back on the course.

 

Then around January I was excluded from classes until I had a risk assessment for a few days.

 

I have now been told I have to have 100% attendance regardless of any epilepsy issues or be removed from the course.

 

Any advice on this?

 

Thanks

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It depends what course it is.

If it involves hazardous materials and/or machinery it is their legal duty to make sure you are safe and therefore ask for a doctor statement.

Secondly, if the course requires 100% attendance, you should try to reach that target, but they should give you some flexibility based on your disability.

For example they could let you make up the lost hours with workshops, live learning or the very popular e-learning sessions.

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It depends what course it is.

If it involves hazardous materials and/or machinery it is their legal duty to make sure you are safe and therefore ask for a doctor statement.

Secondly, if the course requires 100% attendance, you should try to reach that target, but they should give you some flexibility based on your disability.

For example they could let you make up the lost hours with workshops, live learning or the very popular e-learning sessions.

 

Thanks King. We have very rarely an experiment. Maybe 3 or 4 a year but I was excluded from all classes which are 99% theory. Unfortunately there has been nothing offered to me.

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So you informed them of your medical condition on enrolement for the course and were accepted for the course?

 

Did you follow the colleges Procedure if ill/unable to attend the course?

 

Have you actually had an episode with your condition during college time?

 

How long had you been on this course before they decided a Risk Assessment was required due to your medial condition?

 

During this issue was it just a Tutor from your department or was it the Head Tutor for that department corresponding with you/had a meeting with you?

 

Have look at the colleges website and download:

 

Student Handbook/Information

Complaints Procedure

Attendance

Disability/Medical Conditions (anything referring to this)

Equality Policy

 

Have a good read of them

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 4 months later...

I have been trying to sort some issues with my son and college. He's 17 and severely physically disabled. The difficulty I've found, other than ignorance is the cross overs in laws with it being a post 16 institution, which I don't fully understand. It's would seem to me tho that if either you followed their sick procedure or if you were prevented from following the proceedure due to your disability ( you can hardly phone to tell them during a seizure and from what I understand , following a seizure can take days to function 100% again) and they removed you from your course soley down to that absence, then it would amount to discrimination arising from a disability. Do you have anything stating that supplying this doctor notes is a condition of accepting you onto the course? I would imagine this is indirect discrimination although as you were taken back they have done what they can to prevent the discrimination. The 100% attendance I'd say is discrimination in any circumstance. If you are the only student that that applies to I think it would amount to direct discrimination. Even if it applies to all students you are still at a greater disadvantage due to your disability so would be indirect discrimination.

With regard to being off college - how long were you off, were u supplied with work? Were you able to go to college (not classes) or stay at home?

You should clarify anything I've put as its just info I've come across as a concerned/angry mum but hope you get on ok. I think the fact that your willing to stand up to such discrimination is great.

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

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