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    • Please will you upload the defence in a PDF format document
    • Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim. Decide whether to proceed Parcel2Go.com has rejected your claim. You need to decide whether to proceed with the claim. You need to respond before 4pm on 25 June 2024. Your claim won’t continue if you don’t respond by then. This is their ‘defence’ Their defence Why they disagree with the claim When choosing a service on the Defendants website, the Claimant chose to book their order with Evri and selected to take out £20 parcel protection which comes with the service. On the first page of the booking process, the Claimant entered the value of £265 for the contents and was offered parcel protection for loss or damages against their goods for £13.99 + VAT. The Claimant selected no, which then produced a pop up which explained 'We strongly recommend that you protect the full value of your item(s).' however, the Claimant still did not take this protection out and instead continued with the booking process. At the end of the booking process, the Claimant was offered this again which was refused and the Claimant continued with the booking by accepting the terms and conditions which re-iterates the information provided in the booking process. The parcel was sent, however, seems to be delayed in transit. The parcel finally started to track again, however, when delivered the parcel was empty with no contents. As such, the claim was re-opened and attempted to be settled for the £20 protection taken out in the booking process. This was refused by the Claimant as they felt they should be paid the full amount of the value entered when booking. Unfortunately, due to the refusal of the parcel protection in the booking process the Defendant is not liable to settle the claim to the value and only to the parcel protection taken out. The Defendant shall rely on the Terms and Conditions of carriage in particular section 9. The Defendant understands that the contents have not be handled with due care and attention, which is not being disputed, however, they are disputing the amount they are liable to. They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it. As ever, I’d welcome your thoughts guys. g59   
    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
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    • 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.

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      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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Disabled Social Tenant attempting to re-locate and rent privatly


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My wife and I are mid fifties, currently in social housing, trying to relocate due to health and family reasons. we are unable to move to another social housing property/area other than via a mutual exchange, (which is proving impossible), as "housing associations will only allocate newly vacated properties to working tenants as is now government policy". ( a quote from a housing association employee ).

 

 

They see people on benefits as unacceptable tenants and "a source of anti-social behaviour". ( another quote from the same housing association employee ).

 

 

We are unable to rent privately as estate/letting agents will also not accept tenants who are on benefits. (No DSS), probably for the same reasons, though I can't prove it.

 

I'm on benefits due to disability, claiming. ESA and PIP due to physical and mental health issues.

 

 

Not sure what options are now available.

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Many LA's /private LLs do not reject Benefit Claimants just because of risk of unsocial behaviour, but often because benefits can be suspended for failure of T to attend an interview or provide requested info on time and the fact that benefits are paid in arrears, when rent is payable in advance, mainly to Ts and not direct to LL, with Councils hiding behind DPA. So basically a business decision for LL. Many low paid workers are also claiming LHA so should not be automatic refusal to consider application if you can provide -

Bank statements to show you can pay rent each month and balance the account at end of month (manage money)

Pass the Credit Ref checks ( No CC defaults

Possibly provide a good prev LL ref

Provide a property owning Guarantor if .your income is below optimal.

 

 

Collect all that in a file for LA to view & pass copy to LL, explain what/why benefits you are claiming

Most LLs are only applying similar bank criteria for a mortgage application as it is a seller's market out there.

There is no benefit in proving anthing about being rejected, it is LLs final decision, so 'sell' yourself to him honestly.

Is your wife in employment, may be she could apply for tenancy, listing you as joint T ?

What most LLs want are long-term Ts that can pay rent on time IMO

 

 

Good Luck with your continued search.

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My wife and I are mid fifties, currently in social housing, trying to relocate due to health and family reasons. we are unable to move to another social housing property/area other than via a mutual exchange, (which is proving impossible), as "housing associations will only allocate newly vacated properties to working tenants as is now government policy". ( a quote from a housing association employee ).

 

 

They see people on benefits as unacceptable tenants and "a source of anti-social behaviour". ( another quote from the same housing association employee ).

 

 

We are unable to rent privately as estate/letting agents will also not accept tenants who are on benefits. (No DSS), probably for the same reasons, though I can't prove it.

 

I'm on benefits due to disability, claiming. ESA and PIP due to physical and mental health issues.

 

 

Not sure what options are now available.

 

Could be wrong, but that 1st quote from HA employee is just a load of Rubbish !

 

I would go further and make a written complaint to HA head office about the HA employee saying those quotes to you. :mad2:

 

Your already in HA property, you would be mad to leave it anyway unless you can get another HA property ....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Your right 45002, on the face of it we would be mad to give up a perfectly good HA property, but circumstances are such that at some point in the near future we will have to re-locate nearer to our extended family for health and support.

 

 

We would obviously prefer a HA property and only go the private route if we have absolutely no alternative.

The quotes from the HA have really got my back up.

 

 

My recent experiences with Estate Agents and their flat refusal to even entertain anyone on DSS, let alone give me the opportunity to explain my circumstances has also got my back up.

 

 

We will stay put for now, but keep looking.

I would love to complain to HA's head office, but am reluctant to jeopardise an otherwise good relationship we currently have with them, on something I can't prove.

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Hi

 

To start with what you need to do is gather as much medical evidence to backup your request for a move.

 

1. Occupation Therapy letter (Or contact the Local Council Social Work Department and ask for an Occupational Therapy Assessment)

2. GP Letters.

3. Hospital Consultant letter.

 

(Importantly in the letters they must state it is for your medical condition, whether it needs to specifically be a ground floor access, number of bedrooms and reason, anything else they consider would help your application)

 

Basically get as much medical evidence to support your application

 

 

NEXT

 

Formal Complaint to the Housing Association (how dare any employee of theirs state something like that they need retraining)

 

I do hope you got the Housing Association Employees name and even better if they put it in writing as that statement is not just wrong/incorrect it should never have been stated to you.

 

"housing associations will only allocate newly vacated properties to working tenants as is now government policy"

 

They see people on benefits as unacceptable tenants and "a source of anti-social behaviour".

 

 

That statement is sailing very close to the wind as it could breach the Human Rights Act and the Equality Act and probably the Housing Associations own Equality & Homelessness Policy and a few others.

 

Due to the disabilities the HA should have asked you to complete a Medical Needs/Assessment Application. (DID THEY INFORM YOU OF THIS? something tells me NO)

 

Also request copies of the following document:

 

1. Complaint Procedure

2. Customer Care Standards.

3. Housing Allocation Policy.

4. Equality Policy.

5. Medical/Special Needs Policy.

6. Homelessness Policy. (you want this as it will blow that employees statement out of the water so to speak)

 

Ensure to put everything in writing, keep copies, get free proof of posting at the post office)

 

I can fully appreciate your concern of not wanting to rock the boat as you have good relations with the HA but remember you making a Formal complaint cannot be held against you with the HA and if they try to then all you do is make another Formal Complaint. (All Formal Complaints need to be recorded by the HA and available for viewing when the Regulator does an inspection of the HA).

 

Also if you complete the HA Complaints procedure and are still not satisfied with the final response you can then take it further to the Housing Regulator. (You must complete the HA own Complaint Procedure first before going to the Regulator)

Edited by stu007

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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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alanalan, I can't seem to increase the size of this text! Shelter give good advice on housing benefit and DSS. I can't post links yet but you can google Shelter and click on Housing Benefit then Housing Benefit Problems.

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Thank you all for your replies. very useful info.

 

 

Legalistic. I've already checked out the Shelter site they were very helpful, and I found this item:

"Social Housing Policies. in certain areas of the country social housing allocation policies have changed dramatically. More and more local authorities are choosing to move away from prioritising those in greatest housing need, instead giving more weight to applicants who are in work or who have lived in the area for a long time".

It went on to say, "while those who are in work should be rewarded, it's important not to penalise those who cannot find employment or are unable to work. Social housing was created to provide a stable form of housing for those in need. Moving the priority away from these groups to favour those in work undermines the very purpose of social housing".

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Thanks Stu007.

I've already made a formal complaint to the HA of the area I'm trying to move to, over other information I have received previously which has proved incorrect, they have agreed to look at my earlier application again.

 

 

Regarding the quotes made by my current HA I will be following up on those as well as the other suggestions you made.

 

 

I've already got a Social Services report of our medical needs and personal circumstances, Occupation Therapy letter as well, which, as you say should be useful.

The Equality Policy has some interesting stuff, as does the Homelessness Policy.

Thanks again

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