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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

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Does the door open onto the box or the left hand wall ?

 

 

Is there a window?

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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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Does the door open onto the box or the left hand wall ?

 

 

Is there a window?

 

The door opens to the left, and yes there is a window. The space on the left from the wall to the door is 84cm.

 

Thanks

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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

I will try and do a more detailed plan. My son no longer uses the room it's just used for storage now. The ceiling slope is below the box, the box is covering the sloped ceiling in the hallway.

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I will try and do a more detailed plan. My son no longer uses the room it's just used for storage now. The ceiling slope is below the box, the box is covering the sloped ceiling in the hallway.

 

Thanks. Usage alone is unlikely to help but if you can show it has less that 50 sq ft useable floor space for example, or there's no space for a bed unless it's next to a radiator, you may have a shot. Putting in the work on a plan now will be useful if you appeal the BT.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

Hope this is ok. It was measured skirting board to skirting board.

 

Thanks for your help.

 

 

bedrom size.pdf

Edited by Speedy75
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Can a single bed fit along the longer side wall or does that block the door from opening and closing so it has to go by the radiator?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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Was space taken off for the radiator when the room was measured? There have been cases of people getting burns when in bed next to radiators that have got too hot, so there are regs about having beds too close.

 

I would strongly suggest that you start an appeal using form GL24 on the grounds that the room is not a bedroom and should not be counted as one for HB purposes. Read the Nelson case linked above as it is binding at first tier tribunals. Also read the Elephant in the Room article in Nearly Legal and the comments.

 

The appeal will take time so apply for dhp which would help in the meantime if you can get it.

 

Be prepared for a fight but it can be done. Come back for any help you need.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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  • 2 weeks later...

Any update speedy?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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