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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.    
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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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For the second time this year there has been a leak from the flat above me, first time was not much damage and was stopped fairly quickly

 

Today the damage was more extensive, lucky no plaster work damage but it has stained the ceiling in my bedroom from window to almost the ceiling light fitting and from the wall opposite my bed to the light fitting as well, plus a small amount of decorative damage in the kitchen.

 

I wasn't offered any help to dry out my bedroom, window been open all day and heating on, it still smells damp and musty :( And no help to repair the paintwork on the ceiling, none offered either for the first leak either.

 

Do the HA have a responsibility to repair the damage at all please?

Edited by dx100uk
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Hi Sparks

 

I will give you the tactic the HA may use in this scenario is that you and the flat above should have House Contents Insurance and it is between you and the flat above to resolve this not our (HA) problem that's what House Contents Insurance is for.

 

Sadly any Decoration Damage due to the Flat above you would have to claim via the tenant in the flat above as most HA Decoration is the responsibility of the Tenant one of the reasons they like to use the tactic mentioned.

 

You need to report this to the HA via there Repairs procedure either, telephone (only if you can record the call), Email or via there Online/Website Repairs. You need to keep a paper trail of this.

 

You need to emphasise to them your concern that the leak from above staining your ceiling from corner to ceiling light fitting and due to this you require an Electrical Inspection/Clerk of Works as this is a Health and Safety issue as well as the Damp and Staining.

Edited by stu007

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Hi Sparks

 

I will give you the tactic the HA may use in this scenario is that you and the flat above should have House Contents Insurance and it is between you and the flat above to resolve this not our (HA) problem that's what House Contents Insurance is for.

 

Sadly any Decoration Damage due to the Flat above you would have to claim via the tenant in the flat above as most HA Decoration is the responsibility of the Tenant one of the reasons they like to use the tactic mentioned.

 

You need to report this to the HA via there Repairs procedure either, telephone (only if you can record the call), Email or via there Online/Website Repairs. You need to keep a paper trail of this.

 

You need to emphasise to them your concern that the leak from above staining your ceiling from corner to ceiling light fitting and due to this you require an Electrical Inspection/Clerk of Works as this is a Health and Safety issue as well as the Damp and Staining.

 

The flat above me is empty at the moment, the leak was caused by workmen getting it ready for the next tenant

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stu, if tenants only have contents insurance, it won't cover the building. Are they really meant to insure the building?

 

HB

 

It does not come under Building Insurance....Internal...Contents Insurance covers this.

 

Given the above flat is empty and it was caused by HA Contractors...the HA are liable to make good...or the Tenants home insurance (Contents)

 

Andy

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It does not come under Building Insurance....Internal...Contents Insurance covers this.

 

Given the above flat is empty and it was caused by HA Contractors...the HA are liable to make good...or the Tenants home insurance (Contents)

 

Andy

 

They have contacted me and said it is up to me to claim on my insurance!

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Hi

 

Thanks for the further information as has been said as this was caused by there contractors working in the void property above you they are Liable for putting the damage caused right.

 

It is now time to use there Complaints Procedure so write a letter and title it 'Formal Complaint' explain the damage caused to your property due to the negligence of there contractor working in the Void Property that caused this damage and as it was there contractor they are liable for rectifying the damage caused.

 

You also require the following:

 

1. Copy of the Complaints Policy (not the Leaflet)

2. Copy of Void Property Policy (not the Leaflet)

3. Copy of Repairs & Maintenance Policy (not the Leaflet)

4. Copy of Compensation Policy (not the Leaflet)

5. Copy of Customer Care Policy (not the leaflet)

6. Copy of Right to Repair Policy (not the Leaflet)

7. Copy of the Housing Association Insurance Details.

 

Now when you get the above make sure you have a pencil/highlighter and as you read them just think to yourself 'Did the do that' if not mark it to use against them.

 

Also remember to mention what I said in post#2

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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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.

Please Donate button to the Consumer Action Group

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