Jump to content


  • Tweets

  • Posts

    • I take it I should redact names, court numbers etc?
    • How climate risk is changing lending decisionsView the full article
    • I understand that the item was correctly declared but the value was under declared. When you enter into any kind of contract, there has to be in agreement as to exactly what is being exchange for what. You agree to pay a certain amount of money for the delivery. They agreed in return for that to carry out the delivery safely – but they also agreed to shoulder a certain level of risk based on your own valuation. This means that the value that you gave for the chair is what they reasonably expected to be the extent of their risk in the event that the item was lost or damaged – or stolen. I'm afraid that by undervaluing it, our view is that you would be unlikely to recover anything more. There is never any advantage in declaring and undervalue. It effectively gives a gift to the service provider because when something goes wrong then that becomes the extend their liability. If you want to try and sue for the proper value then we will be happy to help you but I don't rate your chances. If you want to sue for the undervalue then I think your chances are extremely high. The item was lost – it wasn't damaged. Even if it was damaged, there was no particular suggestion that not being flat packed in some way contributed to the risk of damage but certainly it is impossible to conceive how being flat packed or not flat packed would affect the risk of the chair been lost. In fact in my view, because the item was a large item one would imagine that it would be more difficult to lose it. If you want to continue with this claim either for the full value of the undervalue then we will be happy to support you. Please make sure you've done the reading. I can tell that you've done some reading but I'm afraid the fact that you don't appear to have appreciated the consequence of an undervaluation suggest to me that you haven't read very thoroughly. I think it is important to make sure that you understand the principles of claiming for failed parcel deliveries completely. It will put you in control. It will give you confidence. There is no downside. Do the reading. Post a draft documents here so we can check before you send them off.
    • Incidentally, and for anybody else who visit this thread and in case there is any confusion as to the relationship between the consumer rights act and your contractual rights under the common law: the consumer rights act confers rights on the consumer and obligations on the trader. The consumer rights act does not create obligations for the consumer. The consumer and is at complete liberty to rely on their rights under the 2015 act if they prefer they can simply rely on their rights under the existing common law of contract – which is the alternative route which I have suggested to you. This route would be clean – surgical – and of course Currys probably won't even understand it because they probably rely on a load of paralegal drones in probably the same way that the parcel delivery industry does as well. So if you want some fun, send the warning to Currys. By the replacement laptop elsewhere and then sue Currys for the reimbursement. They won't like it. They will spend many hundreds of pounds more than the cost of reimbursing you in trying to defend the case – and then eventually they will lose. If you decide to do any of this then post the draft letter so that we can have a look. I suggest you don't do anything without checking with us first of all
    • First of all, to go over your rights under the consumer rights act – if a defect manifests itself within the first 30 days you have an unfettered right to reject and demand a refund. If a defect manifests itself within the first six months then you have a right to reject subject to their entitlement to attempt a single repair. If they declined to repair or if the repair fails then you can demand a refund. Second thing is that on the basis of what you say above, you bought a laptop computer for 300 quid and you seem to be saying that because they are going to take a month to repair it you have offered to buy a second laptop for £300. This seems extraordinary so please will you clarify. I understand that the only sticking point is that the laptop they want to sell you would be at £330 and not the £300 which was the cost of your first laptop. What on earth are you proposing to do with two laptops – one of them broken – which presumably it eventually would be repaired? Thirdly, apart from your rights under the consumer rights act, you have rights under the general law of contract – the Common Law. If you have purchased an item which has broken down so thoroughly that you are effectively deprived of substantially the entire benefit of the contract then it can be said that the seller has committed a "fundamental breach" of their contractual obligations towards you. You are then entitled to treat the contract as "repudiated" which means that you can treat the contract as being at an end and then claim all your money back. Of course you've decided to purchase something with Currys. The problem is with Currys is that all of the competition has brought the evaporated. These to be Dixons, Comet, – no doubt many others – and they have all disappeared or have been subsumed into Currys. Separately there are even used to be Currys and PC World. Now they have amalgamated there is no competition so they don't care a damn about you. Why should they? There is a company called QVC. They seem to have an excellent track record. I don't know how their prices compare and maybe they are slightly more expensive but they seem to have remarkable customer service and customer returns policy. I would suggest that in future you look around at them and these to compare the prices. So we would like an explanation please of the mystery of your readiness to spend more money on a second computer. Presumably it means that you need a computer fairly urgently. In that case I would suggest that you write a letter to Currys. Tell them that time is of the essence. That you need the laptop repaired within seven days or else you will accept the fundamental breach of contract and accept their repudiation of the contract and go ahead and sue them for a complete refund plus any ancillary losses – such as the cost of any software that you might have installed or even the cost of any data which might now be on that laptop and which is no longer accessible to you. Once again you are dealing with Currys – so they will either ignore you or simply refuse – so during the seven days you would start looking around for an alternative supplier of the laptop that you need. It must be equivalent in model, make, the power – et cetera nearest equivalent in price. You would then set about purchasing that laptop from an alternative supplier having given a few days notice to Currys that this is what you are doing and then you would sue Currys for reimbursement. This would mean that even Princess if you went to QVC and you found that there nearest equivalent model was, say, £350 – you would sue Currys for the £350. Obviously £300 would be the cost of the damage laptop but in addition to that, the extra £50 would cover the reasonable cost of replacing the broken laptop on a like-for-like basis. In law terms you might describe this as your "expectation loss" in that you expected accomplishing that expectation.
  • Our picks

    • 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 
      • 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
        • Like

Claiming benefits while living in Spain


Surfer01
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3149 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

I suffer badly during the winter months due to rheumatoid arthritis, bad back and wonky right knee. At present I get the DLA middle care and higher mobility rate. My wife gets carer's allowance for me plus she gets the lower care element of PIP. We both get State Pension however I also get a Pension credit element.

We are considering that maybe we would be better off living in a warmer climate like Spain however we cannot do this if we lose all our benefits. Can any one advise whether we would lose all benefits if moving to Spain?

The other option is to go for 6 months and then return for the summer months in the UK.

Thanks.

 

PS We came across this web site https://www.gov.uk/claim-benefits-abroad/illness-injury-and-disability-benefits

Link to post
Share on other sites

For the benefits advisor when living in Spain see here https://www.gov.uk/uk-benefits-abroad complete the advisor and let us know what it says please...

 

 

Further information can be found here https://www.gov.uk/moving-or-retiring-abroad

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

Thanks. Very helpful. It seesm that the best option is to go to Spaing for the winter months i.e December, January adn February as no affect on any benefits received. Somehow I doubt if they will accept sun and warmth as medical treatment allowing us to stay 4 months of a year. The winter months in the UK are a real killer for me. :-)

Link to post
Share on other sites

Well glad to have helped. Please remember you must/need to inform the DWP of a change of circumstances at the earliest opportunity, this includes a change of address see here for some ideas on what needs to be notified see here >> https://www.gov.uk/civil-penalty-changes-affect-benefits

 

 

Further useful information can be found here >> https://www.gov.uk/browse/abroad/living-abroad

 

 

Please also read here >> https://www.gov.uk/civil-penalty-changes-affect-benefits

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

Well glad to have helped. Please remember you must/need to inform the DWP of a change of circumstances at the earliest opportunity, this includes a change of address see here for some ideas on what needs to be notified see here >> https://www.gov.uk/civil-penalty-changes-affect-benefits

 

If we ever decide to go it will be temporary and not permanent and only for about 3 months so no change in UK address. We can have the post re-directed for that period so I don't think there will be an issue, but take your point on advising them.

Link to post
Share on other sites

Leaving or travelling abroad whilst on benefits is at best tricky, even for a two week holiday. going for several months could cause you issues if you fail to declare. Just making you aware of this as it would be in your interests to make sure you keep your claim accurate and up to date.... The penalties can be severe.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

If we ever decide to go it will be temporary and not permanent and only for about 3 months so no change in UK address. We can have the post re-directed for that period so I don't think there will be an issue, but take your point on advising them.

 

If you are in Spain more than 3 months you have to register locally, so you can use local healthcare. The EHIC card is for temporary visitors and may not assist if you are renting somewhere more than 3 months.

 

I have family permanently in Spain and they see people in a similar position who get into difficulty, because they have not understood the way things work in Spain. If you look online there is plenty of information about registering with the Spanish authorities. Because you are a pensioner getting a pension it is not a problem, but you must register with the local Spanish government. Also don't expect the local Spanish government to speak English and provide documents fully in English. You might be ok with authorities in say Benidorm where English is common, but if you are based somewhere else, they recommend taking someone with you who speaks Spanish to translate. Even in Tenerife which is half an English resort, you are expected to deal in Spanish or get a translator.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

There are changes starting from April 2016 announce last week in the Autumn Statement and spending review

limit Housing Benefit and Pension Credit payments to 4 weeks for claimants who are outside Great Britain, from April 2016. At present, Housing Benefit recipients can go abroad for up to 13 weeks while continuing to receive Housing Benefit. The benefit system should not subsidise those on benefits to go abroad for extended periods: this reform will ensure the benefit system is not paying the rent of people who go abroad for more than 4 weeks at a time

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...