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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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quick DVLA medical Q


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I need to have a medical examination, as part of it I need to provide a urine sample for drug screening. Why do I have to do this even though I told them it's been a year and a half since I last used any cannabis?

 

What else does the examination involve? And do they really watch you pee?

 

Start your own thread....

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I need to have a medical examination, as part of it I need to provide a urine sample for drug screening. Why do I have to do this even though I told them it's been a year and a half since I last used any cannabis?

 

Perhaps it is their experience that drug users have been known to lie about when they last used drugs, leading to them not being able to trust even those who say “it’s been over a year”.....

 

What else does the examination involve? And do they really watch you pee?

 

I don’t know if they actually watch you, but I expect they either do that or find some other way to ensure the sample they test is from you, and hasn’t been switched with someone else’s “clean” sample.

 

You need to stop expecting them to act as if they can rely on you being open and honest, and expect them to act as some people force them to act : that some people will try and cheat the system.

 

Start your own thread....

 

Whose thread do you think it is?

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and how long is this going to take? I suppose if I make the appt as soon as they can give me one then from now until the day they make the decision it could be another month or two months?

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Up to 18 weeks from when they have all the relevant reports in.

Even that is a target, rather than an absolute limit.

 

It is influenced by the complexity of the case, and when they get all the reports in.

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Back in Oct they sent me a letter saying I had "suffered a medical condition (drug abuse)". So why not just send me for drug screening back then?

 

My GP hasn't helped matters either, on one form she sent back to the DVLA she actually left a page of questions blank. So then the DVLA had to write back to her with the same form.

 

And I really don't like their way of wording things. A year and a half ago I went through a phase of having some cannabis edibles to relax and because of that I've "suffered drug abuse"?

 

I rarely drink alcohol (yes alcohol is also a drug) yet look at all the people in England who abuse alcohol every other day of the week and either end up arrested or in A+E due to how they behave whilst drunk which is surely a lot more harmful than using cannabis responsibly at home in your own time?

Edited by daxuha
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I don’t disagree, but as yet cannabis remains illegal, and alcohol legal (but both drink driving and drunk driving are illegal).

 

That said, complaining isn’t likely to get them to adopt a less stringent attitude to drink or drug users, and “high-risk” alcohol offenders have also posted to CAG saying they don’t get an easy ride.

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What exactly will happen at this medical?

 

All it says is I may have to get undressed and I need to provide a urine sample for drug screening.

 

Is there just one medical for everyone? ie will I basically be given the same medical that's given to those reapplying after being disqualified for drink driving?

 

My letter doesn't say "high risk offender" (something I see online a lot) anywhere on it. Does this mean there are 2 medical tests? One for high risk offenders and another for everyone else? Or can they be tailored for each individual?

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My letter doesn't say "high risk offender" (something I see online a lot) anywhere on it. Does this mean there are 2 medical tests? One for high risk offenders and another for everyone else?

 

High risk offender usually relates to drink driving, based on a single particularly high reading, or multiple offences

https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving

 

Why are you so worried about a simple fitness to drive medical? You’re not going to fail. You’ve given up drugs. Right?

 

 

 

I don't even think I should have been put on an anti-psychotic at all (I'm not schizophrenic or have psychosis) but every doctor I see always seem to want me on risperidone (I strongly suspect my surgery is visited by drug reps who take the doctors out for meals).

 

Apparently the doctors think risperidone is good for anxiety, but if I really do have anxiety then I'd rather have anxiety than take risperidone, nasty stuff.

 

The OP hasn’t said what their mental health diagnosis is (they’ve said what it isn’t.......!), but from “the doctors think risperidone is good for anxiety” it seems at least 2 think anxiety is a feature of the OP’s diagnosis/diagnoses, and might that explain why they are anxious / worrying ......?

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  • 2 months later...

1 year until a review.

 

Which brings me to my next struggle- appealing this so they won't have to write to my doctor every year. Is there any advice/tips/templates on how to go about doing this?

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Do I just send one letter addressed to DVLA medical (as requested) telling them I wish to appeal, and one letter to my local court with my argument on why I do not consider my declared medical condition affects my driving and thus writing to my doctor every year isn't needed?

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In terms of an appeal to Court:

You can’t appeal the issue of a one year licence.

You could appeal a refusal to issue any licence.

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They want to write to my doctor every year because of my "declared medical condition" (something which has no bearing on my ability to drive safely. I am very high functioning autism which affects my social skills only) I wish to appeal the fact they want to keep writing to my doctor yearly.

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Is their concern your autism, or your cannabis useage (+/- if your autism has contributed to your cannabis useage .. or risk of further cannabis use ......)

 

As I've said, the law allows you to appeal at court if they refuse a license. It doesn't allow a court appeal against being given a medical (1,2, or 3 year) licence instead of a licence with a longer validity.

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the letter I received tells me I can appeal against the fact they have to write to my doctor every year because of my "declared medical condition" their concern is the fact I told them I had autism.

 

it's actually been almost 2 years since I last used cannabis anyway and I only used it 4 times.

I don't regret using cannabis but I have big regrets telling anyone I used it you don't get any support and people are really judgemental

- my social worker actually told me "people who use drugs have something missing from their lives".

 

Who is she to tell me what's "missing" from my life???????

My advice to anyone who uses cannabis

- keep it to yourself and don't tell any mental health professional.

Edited by dx100uk
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Do I still have time to appeal? Apparently I need a lawyer? And the courts have to receive the appeal before end of next week? I have already written to the DVLA saying I intend to appeal? If I don't go ahead with the appeal the DVLA won't take my licence off me will they?

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I'm completely fine but having the DVLA write to my doctor every single year and having form after form and waiting months for the answer puts a lot of stress and strain on me. One of the Qs the doctor has to answer is "is the patient currently engaging and compliant with treatment?". But what if I don't need treatment and therefore not attending any clinic and the doctor answers "no" to that question, would that go against me? Do I need to see a CPN or a psychiatrist or whatever even if I don't need to just so the doctor can say I'm "compliant with treatment"? The letters from DVLA do say I need to be "engaging with treatment" because of my "declared medical condition" which is basically asperger's or very high functioning autism. It's not something I would ever need to see a doctor or whatever for.

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