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    • I thought you said that the work had been carried out? Now I look at the letter which apparently has been sent by your partner which suggests that the work has still yet to be done. Please clarify
    • Please note also that Cagger @occysrazor has helped us to apply for the transcript of the judgement which will be available to everybody and will be available to you free of charge if you go to trial. I hope that if you go to trial and you also succeed – as you surely will – that you will help us get the transcript of the judgement in your case.
    • Lolerz is spot on. The limitation period is six months for prosecution in the Magistrates' Court. Six years for bringing a civil claim. I know you'll be thinking "it can't be both" but never underestimate the PPCs' contempt for the law and their utter greed. In this case there is no supermarket chain, etc., so just ignore.
    • So let's see your draft. In terms of what you have to do now, you will be required to mitigate your loss and this means that you should pay the bill and reclaim it. If you start haggling over the bill which eventually may mean that you could incur further costs. For instance, if the courtesy car facility is withdrawn from you then you will be left either without vehicle all you will have to you rent or own. I can even imagine that Mercedes might come back to you and say that if you don't settle the bill they will start levying a storage charge – and you would be unlikely to be able to recover that as well. So I think that you should pay the bill, get your car. Make sure that it is perfectly all right. Has it been given a full check over for any other possible faults? You may as well get the whole thing diagnosed including an MOT to see exactly where you stand. Prepare the draft letter informing them that the work is being carried out – that you had no choice as you were obliged to mitigate your losses – and you want them to settle it.  
    • Congratulations. I have a very similar case open against EVRi whereby I sold a watch on eBay and it never arrived. They are claiming that my contract is with Packlink, much as they did in your case. I have read this entire thread and while the legal language and specifics are a little daunting in all honesty, It's very pleasing to see that you were successful with your claim.  Thank you also for posting your WS and bundle which, if my mediation is unsuccessful, will become very useful for me.
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    • 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
      • 161 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
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I won my pip tribunal but dwp sent me a letter saying they may be appealing my win?


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I feel so upset and frustrated. I got pip for a year, then after an assessment for renewal they did not award me enough points to carry on getting it. Before I was getting the standard care rate.

 

I appealed and asked for the mandatory reconsideration but again the DWP refused to award me.

 

Only after being sent out all the forms did I see where the missing points were. I am working with Harc and it was for preparing food and both the recent form, and previous form my answers were the same yet they did not award the 4 points the second time but gave me the same points for the same things as last time, bar that.

 

So, I appealed and went to the tribunal and they awarded me more points which took me to enhanced care and lower mobility and I thought great, finally over.

 

Got a letter through dated the 24th (my appeal was on the 18th) and it says

we've applied to the tribunal or a statement of the reasons for the decision made on the 18th as we may wish to consider applying for permission to appeal against that decision. I'm sorry we won't be paying you the benefit awarded by the first-tier tribunal at the present time.

 

We have one month to consider applying for permission to appeal. The period of one month starts from when they first=tier tribunal reasons has been issued. If we decide not to apply for permission to appeal we'll start paying you the benefit strait away and we'll pay money we owe you, if we apply for permission to appeal and it's not granted, we'll consider if we can start paying you (what do they mean they'll consider if they can start paying me???)

 

I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this.

 

Please can someone help me understand what's happening here and what I should do.

 

Much appreciated.

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I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this.

 

The DWP use this excuse on a fairly regular basis. However, they can only appeal if the judge has made an error of law. Very few cases actually get successfully appealed by the DWP (or even go to appeal), so this is often a delaying tactic on their part. The one month time limit started on the 18th when the tribunal handed down their decision.

 

With any luck, your backdated payments should be in your bank account in time for Christmas.

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The DWP use this excuse on a fairly regular basis. However, they can only appeal if the judge has made an error of law. Very few cases actually get successfully appealed by the DWP (or even go to appeal), so this is often a delaying tactic on their part. The one month time limit started on the 18th when the tribunal handed down their decision.

 

With any luck, your backdated payments should be in your bank account in time for Christmas.

 

 

Hello and thank you very much for replying to me. When you say if the judge made an error in law, can you possibly explain what hat means. Can DWP try and say they don't believe I should of been awarded the points for which were awarded to me. I am glad to know it's the 18th of Dec and I so very hope I get it in time for xmas. I'm so stressed out by this.

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Hello and thank you very much for replying to me. When you say if the judge made an error in law, can you possibly explain what hat means. Can DWP try and say they don't believe I should of been awarded the points for which were awarded to me.

 

I'm not an expert on these things, but an error of law would be when the tribunal used the wrong legislation or ignored prior case law. The DWP could also appeal if they thought the tribunal failed to consider certain facts, but this angle is usually used if (for example) you were appealing.

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I'm not an expert on these things, but an error of law would be when the tribunal used the wrong legislation or ignored prior case law. The DWP could also appeal if they thought the tribunal failed to consider certain facts, but this angle is usually used if (for example) you were appealing.

 

Thank you very much.

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Have a look at this CAG link: http://www.consumeractiongroup.co.uk/forum/showthread.php?407139-Personal-Independence-Payment-(PIP)-Sources-of-Interest-Updated-Oct-2015(1-Viewing)-nbsp

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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[...] not sure what prior case law means? Thanks, x

 

Simply put, case law is a ruling handed down by the High Court (or Supreme Court) on a specific case. This is then used as definitive guidance in similar cases in the lower courts.

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Simply put, case law is a ruling handed down by the High Court (or Supreme Court) on a specific case. This is then used as definitive guidance in similar cases in the lower courts.

 

Upper Tier Tribunal (UTT) decisions set the precedents/case law which the lower First Tier (FTT) follow.

 

These UTT decisions can then be over written by a later UTT decision. If still not happy UTT decisions can then be escalated as Mr P stays until it reaches the Court of Appeal as it is the highest court in the land.

 

Most of the time the UTT just throws everything back to the FTT to make a new decision if it thinks there is an error. It's very rare for anything to advance beyond UTT and even rarer to get to the Court of Appeal.

 

Not because of obstruction but the fact it's usually dealt with at some point by a Court between FTT & Court of Appeal.

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If still not happy UTT decisions can then be escalated ...... until it reaches the Court of Appeal as it is the highest court in the land.

 

The Supreme Court may be a bit worried to hear that "the Court of Appeal .... is the highest court in the land." !

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