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    • I am hoping for some help. I noticed some readers state they have successfully challenged leaseholder charges. I am now being charged in excess of £2000 leasholder service charges on a garage in Kent. It is a simple garage. As it is a  non-residential the normal tribunal routes to appeal  the garage charges are unavailable. I requested an explanation of the charges. All the service company have provided is a list of charges nothing to say how these charges relate to my garage which has never been visited or maintained. I am charged management fees, account preparation fees, audit fees. The leaseholder forwarded my account to SLC solicitors three years ago. Three years ago I sent SLC a cheque to avoid legal action. SLC did not bank the cheque as they agreed that the charges are unreasonable. However the management company continued to issue charges on the garage. SLC have issued legal action again. I would love to hear from readers who have successfully challenged unreasonable leasehold service charges.
    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I can imagine that the only issues might be whether or not they are capable of admitting a wheelchair, although somebody else my know better.

 

I wonder whether it wouldn't be a reasonable requirement for the wheelchair to be up to turn around as well.

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I would say that as most of the larger supermarkets claim to be disabled user friendly and even provide those mobility scooter/wheelchairs then the space should be wide enough for one of those plus space for a normal shopper to pass with their trolley.

 

I suspect that these aisles seem to be much narrower over the Christmas period.

 

I would think that you might get an answer from a Health and Safety person.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Pages 5 and 6 in the document attached give the recommended space for a variety of disabilities.

 

Interesting document.

inclusive-mobility.pdf

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Making access to goods and services

easier for disabled customers

 

And another.

 

sp5.pdf

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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36" is the minimum requirement? Wow, can't say that 3 feet exactly sounds like a wide space for a supermarket aisle. You'd have to institute a one way system at that kind of width.

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I find the most relevant issue for me is the likelihood of aisles being cluttered with displays etc.

Even though I practically live next door, I no longer use Aldi at all because of how cluttered and narrow the aisles are - I'm too wary of getting stuck to use wheelchair or scooter and can't stand in the ever present queues long enough to walk.

Luckily, I have two post offices within reach because the one in W H Smith is also inaccessible, being right at the back of a store crammed with displays blocking even the main aisle. Complaints regarding the lack of access are generally met with complete disinterest.

The comments in the first document shared by CitizenB regarding slopes were also interesting - I though it was just me being totally unfit that caused even the slightest slope to be pretty much unmanageable, but it seems lots of manual wheelchair users find them difficult. The pedestrian crossing outside the building where I live is a case in point - even my son can't get me up the slope at the far end so we have to brave the dropped kerb on the junction instead. Perhaps I should be speaking to the local council?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Generally speaking this is all covered by the terms of the Equality Act and the duty to make reasonable adjustments so as to not put service users at a significant disadvantage when accessing goods or services. Basically a disabled person should be able to navigate a store as easily as a non-disabled user. Any publicly accessible building should therefore be equally accessible to disabled and able-bodied users within the confines of that disability - a wheelchair user for example should not only be able to use the service having left the wheelchair at the door. There is no specific width requirement, merely that the disabled user should be able to access without any special provisions and with the use of whatever aid is required to do so (wheelchair, walking stick etc)

 

Duty to make adjustments

 

(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

 

(2)The duty comprises the following three requirements.

 

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

 

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

 

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

 

(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.

 

(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.

 

(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.

 

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—

 

(a)removing the physical feature in question,

 

(b)altering it, or

 

©providing a reasonable means of avoiding it.

 

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—

 

(a)a feature arising from the design or construction of a building,

 

(b)a feature of an approach to, exit from or access to a building,

 

©a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or

 

(d)any other physical element or quality.

 

Failure to comply with duty

 

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

 

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

 

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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I have been known to 'accidentally' drag stuff off shelves as I'm passing in particularly narrow spaces - that tends to get their attention.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I have been known to 'accidentally' drag stuff off shelves as I'm passing in particularly narrow spaces - that tends to get their attention.

 

What can they say ? If they make to much of a fuss, tell them you want to make a complaint..

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What can they say ? If they make to much of a fuss, tell them you want to make a complaint..

 

It's amazing how as soon as you may be causing damage, they are suddenly much more willing to listen to complaints about the width of their aisles!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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