Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Strawberry_candy33
      Cabot and old Aqua card debt - keep wanting me to increase payments now letter of claim

      By Strawberry_candy33 · Posted

      One email received from Moorcroft.  Reporter as spam. 
    • Complete Misfit
      Parcel 2 go / Evri painting stolen and sold on @John_Pye Auctions site

      By Complete Misfit · Posted

      Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • whitelist
      JCI and Virgin Mobile Phone Contract debt

      By whitelist · Posted

      Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Man in the middle
      Speeding ticket stop - no ticket

      By Man in the middle · Posted

      Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
    • dx100uk
      JCI and Virgin Mobile Phone Contract debt

      By dx100uk · Posted

      already answered   dx  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Mandatory reconsideration: no acknowledgement received

san_d

By san_d
in Benefits and HMRC

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3264 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

san_d

san_d

Posted
Posted

Last month I sent a letter of mandatory reconsideration to challenge a benefit decision. The decision did not involve a sanction. I have received no acknowledgement by now. I have spoken to the benefit centre and they phoned me back saying that they have not received my letter (I have proof of signature) and as long as they are concerned there is nothing I can do.

 

Is this right? Shouldn't I be entitled to have my case reconsidered? What should I do? Is this the latest trend at the DWP? What is the procedure? Thanks.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
Mr.P

Mr.P

Posted
Posted

I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites
san_d

san_d

Posted
  • Author
Posted
I'd suggest printing off a copy of the letter along with the proof of signature and hand deliver to your local JCP/DWP office. Get a receipt from a floor manager and instruct him/her to escalate to the appropriate department without delay.

That's the first thing I've done. They've told me that there is nothing I can do. They won't escalate my case. They are just stonewalling. If I insisted further they'd have called security.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
Guest

Guest

Posted
Posted

I would be writing to my MP right now with all copies attached to the letter, or attached in email to them.

Link to post
Share on other sites
antone

antone

Posted
Posted

The DWP loses letters all the time - it's not by design, but still, they don't get to just say "oh sorry, nothing we can do", especially not when you have proof that it was received at their mail handling depot.

 

So here's what I would do: first I would call them again, and, if necessary, ask to speak to a manager or supervisor. Be polite but firm. Explain that you have proof that your MR request was received on xx date. Ask for an appointment at your nearest Jobcentre to hand in a copy of your original request and also a copy of the proof of delivery. Tell them that for the purpose of time limits for MR, you expect the request to be treated as made on the date shown on said proof of delivery. Then follow this up with a letter saying the same thing, also enclosing a copy of the delivery signature.

 

Make sure you can document everything you have done, so keep copies of everything for yourself. Hopefully your request will be dealt with by someone who actually knows what they are doing, but if they continue to stonewall then I think Ruby Tuesday has it - contact your MP. You are entitled to a Mandatory Reconsideration and them saying "oops, we lost it. Sucks to be you" is unacceptable.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

There's some good links in this to read, but it does say that a MR is an ''operational'' rather than a legal term, as such no time limits apply,

and there are no guidelines as to how they're carried out.

 

http://www.cpag.org.uk/content/ask-cpag-online-pursuing-mandatory-reconsideration

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
antone

antone

Posted
Posted

Sorry, just to be clear, by "time limit" I was referring the time the claimant has to request a recon, not the time the DWP has to complete it.

 

What we don't need is the DWP claiming San_d is out of time to request a recon because they lost the letter.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
antone

antone

Posted
Posted
Apologies, again! I read it that the OP was referring to the time limits the DWP had to deal with their MR...?

 

No probs. Both things are matters of concern in any case - the delay in processing and the possibility that the DWP will try to claim that the recon request wasn't received in time.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites
san_d

san_d

Posted
  • Author
Posted

Last Friday I went to the Jobcentre, letters in hand. I explained my situation. At first they were receptive, but when I told them that my MR was about a decision that was not a sanction, they said that I am not allowed to bring evidence. I insisted and the lady said that she was going to call the security and kick me out.

 

Her argument was that you can only bring evidence to the Jobcentre if there is a sanction or an appeal to a sanction. She said in my case it was not necessary and it is at discretion of the Jobcentre.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
san_d

san_d

Posted
  • Author
Posted
OK I need some clarification, is this a MR about a benefit decision?

 

If you could say what it is for, then others will be able to negotiate the minefield of info that is out there.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236733/appeals-reform-introduction.pdf

 

https://www.gov.uk/social-security-child-support-tribunal/overview

 

Just two of the appeals processes that are out there.

I can't give too many details away because my case could be unique, but basically I have been granted JSA but on a wrong assumption. That means my JSA could be terminated at any time. To be terminated they will have to issue a new decision, which has not arrived yet.

 

I am contesting only that element.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

Sorry, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
san_d

san_d

Posted
  • Author
Posted
Sorry, I can't help, I don't know what the issue is?

 

It sounds like you're in receipt of JSA but fraudulently because they have used incorrect information? Is that right?

Not really. As I said, i can't go into details. Sorry but I need to protect my case. The only thing I can say is that they have made wrong assumptions about my work history and they could suspend my JSA. No sanction has arrived yet.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

OK no worries, as long as you know what the problem is, and how it has been made, and by whom, then you should be pretty much covered.

 

But don't forget who it is your up against, they are very good at losing evidence, and fabricating evidence to suit!

  • Confused 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
san_d

san_d

Posted
  • Author
Posted

Thanks all. My second letter has arrived. I have been told somebody has looked at it and I should receive a response soon. Fingers crossed.

  • Haha 1

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...