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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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ESA - WRAG. Telephone Interviews


WhyOhWhy13
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Hi, my advisor says I can not have telephone interviews anymore, which has really distressed me. I can not make physical appointments at all. I find it hard enough to even make it to my doctors (the only time I do out, with someone with me) Maybe 3 times a year or less.

 

So I was just asking for help if this is true or not? Because If I can't make appointments.... then I will lose my benefits?

 

Thank you.

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Were you put in the ESA WRAG as the result of a fresh claim or were you migrated from another benefit? How long have you been on ESA for? Unfortunately being in the working group you can be sanctioned for not attending work focus interviews (WFI ) or for not taking part in work related activity Your benefit will be reduced rather than stopped completely and this can continue for up to four weeks after you have complied. Your best option may be to try and be reassessed for the support group which would mean you won't be sanctioned but you will need to see your doctor to keep him/her up to date with condition and get their advice

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WhyOhWhy

 

You say that you have been told that for you telephone interviews cannot be conducted anymore.

 

You do not say whether or not you will be expected to attend interviews physically, in person. If you are, please be aware that you can be accompanied at such interviews.

 

You have not mentioned either whether the adviser you are dealing with is JCP or some sort of Work Programme Provider.

 

For any and all interviews arranged for you a Mandatory Activity Notification (MAN) letter has to be sent or handed to you. Those letters must contain details that are specified by law. If they do not then, legally, any obligation that the letter is supposed to impose on you is nullified.

 

Another legal obligation is that you must be given time to ask for a reconsideration of your adviser's decision to refer you to whatever it is that the letter is asking/telling you to do.

 

In the meantime you could prepare yourself for the worst by considering the following:

 

If your doctors can confirm that you have a medical condition and that you are getting treatment for it, they might be able to give you some sort of letter, or send JCP or WPP a letter, explaining that what you are now expected to undertake would be difficult for you and could very well have a retrograde effect on the treatment you are getting and, thereby, your condition.

 

You could then prepare a letter to this adviser's manager asking for a reconsideration of the adviser's decision. Ask him/her to let you know if the adviser is aware of your circumstances and medical condition and the effect that this decision will have on you.

 

You could also insist on being told what medical qualification, or training, the adviser has that enables or entitles him/her to recommend this activity for you.

Once you have brought your current complaint/grievance to the attention of the powers that be, in writing, it could very well be advisable to consider asking for a reconsideration of your ESA assessment and all that jazz etc.

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