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    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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no covert recording would be admissible in law, civil or criminal

you do realise that if you use the search cag box of the top red tool bar

there are literally 1000's of threads on it

that invoke the 'self help' ethos of CAG that you appear sometime to forget.

 

I don’t believe it is as simple (for England & Wales) as “no covert recording would be admissible in law, civil or criminal“.

There is no “fruit of the poisonous tree” doctrine in the U.K., (that is a US criminal case doctrine).

I do agree it risks the recording being found inadmissible, though.

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Er No... It doesnt work like that...

If you start recording without consent of the DWP workers etc whoever they maybe then it could delay it further.

Bad idea...

 

The OP was talking about covert recording, though.

If the recording was sufficiently covert, how would the DWP know to delay the assessment?.

 

There is still the separate issue of admissibility, though, if the OP wishes to later rely on the recording in proceedings.

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The OP was talking about covert recording, though.

If the recording was sufficiently covert, how would the DWP know to delay the assessment?.

 

There is still the separate issue of admissibility, though, if the OP wishes to later rely on the recording in proceedings.

 

Well yes however IMHO it would be wrong to do it covertly... Plus it would be worthless in some aspects, once again as you say - admissibility...

 

We could do with some help from you.

 

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UC is paid 1 month in arrears, just like most salaries

Attend the Medical Assessment, you have experience of consequences if you fail to attend.

Several MPs and the Press may be interested in your story, if you contact them.

 

Hi marina51,

 

I will be attending the MA, at least I have been giving notification to attend by the DWP this time around.

 

I have never had any reason not to attend my assessments before, I have voiced my concerns and to my MP about how the DWP give notification and rely on the PO and another ancient means of communicating such an important assessment by and in theory relying on a second class stamp.

 

Unfortunately I lost my ESA because I was not giving notification, or was sent notification but not delivered by the PO, giving millions of letters are lost or not delivered every year, for the DWP and the Goiverment to rely on a third party to give notification with evidence to suggest notification will never be guaranteed in this day and age again is ancient.

 

I have made the suggestion to my useless MP, that all notifications of medical assessment should be served by way of guaranteed delivery, or signed for which is not unreasonable and a more secure means of any claimant receiving a notice or for the DWP not to be able to rely on an allegation that the notice was sent, as is the case with me.

 

My MP has failed to even acknowledge my reccomendations for change, which and giving his track record, comes as no real surprise.

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Er No... It doesnt work like that...

If you start recording without consent of the DWP workers etc whoever they maybe then it could delay it further.

Bad idea...

 

As DX says... Go have a read... :)

 

I will give notification, as for asking for consent, as I understand matters Section 36 of the DPA 1998, there are no legal obligations placed on me ( public ) cannot covertly record interviews nor telephone conversations.

 

If and like the last time the assessor commits blatant fraud by giving false medical evidence as an individual as I suspect fraud is about to be commited on me, an individual, I have the right to rely on that evidence.

 

In fact I could make a citizens arrest if the medical report is at complete odds with what actually took place and shown on any evidence of recordings.

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you seriously have some wild ideas SF.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you seriously have some wild ideas SF.

 

 

dx

 

What because I want to record an assessment, what is so wild about that dx?

 

What is seriously wild is why the DWP and their assessors are so adamant and objectional to something so simple.

 

I've got nothing to hide, they can record the assessment and I will not object, I will give them that option, lets see if they are open to my invitations.

 

Do you believe all these medical assessments are merely based on hearsay evidence, is wild,? because that is what is in place at the moment, and unfortunately a lot of people lose any entitlement that they may have because it is based on the word of one person, or in truth a health professional who can and will make a tidy profit because of someones elses misfortune, being disabled.

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In fact I could make a citizens arrest ::ohwell:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In fact I could make a citizens arrest ::ohwell:

 

Believe or not before before the introduction of the police and the CPS, that's how it worked, and still could work, in this Country.

 

Believe or not, those rights are still reserved, and believe or not even medical assessors commit fraud, and believe or not are not above the law, quite the reverse.

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Why I secretly filmed my disability assessment

http://www.bbc.co.uk/news/health-41581060

 

And I say fair play to him.

 

So giving this gentleman was allowed to use the transcript by securing the recording evidence, surely and this means all Claimants who now face an assessment for PIP are allowed to copy transcript of their assessment if it is shown to be at complete odds with what the medical assessor for the DWP alleges in their report.

 

I would argue and anyone having to attend an assessment for PIP follow Nev Cartwright means of proving his disability, if a Tribunal has allowed this, and rightly so, for one individual, others in the same position should rely on this case, as all other individuals should expect those same rights allowed.

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So there would be no reason for any other Claimant not to follow suit and rely on any transcript of evidence from a recording on the very same grounds, an exception.

 

Would same a bit unfair if one individual could rely on that meaning, and no-one else.

 

Have the DWP appealed this decision?

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So there would be no reason for any other Claimant not to follow suit and rely on any transcript of evidence from a recording on the very same grounds, an exception.

 

Would same a bit unfair if one individual could rely on that meaning, and no-one else.

 

Have the DWP appealed this decision?

 

Or can they appeal?

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  • 2 weeks later...

I was thrown off ESA ( support Group ) and any subsequent payment's because the DWP imposed their right to stop that benefit and on the same assessment because I failed to keep to the appointment and thrown onto UC and without the benefits I was receiving for being disabled.

 

Today I arrive at the Centre ten minutes before my appointment and I am told I cannot have the assessment because the file has not been sent.

In otherwords the DWP have failed to attend or give me the opportunity to take their medical assessment as in theory they and not me have stopped the assessment from going ahead.

 

If they can stop my benefits because an assessment has been missed I want any benefits as a result of this fully reinstated because their actions and like mine denied that assessment from proceeding today.

 

If you are going to rely on rules maybe they need to adopt those same princibles as the rules and any reliance on them are their not only for the DWP but also the Claimant.

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