Jump to content


  • Tweets

  • Posts

    • You can be sure that pardoning himself, stopping the other prosecutions and vengeance will be his first priorities if he wins. i dont think he will win, but no surety on that
    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6225 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

help... i have had a letter from Philips Collection Services Ltd, saying that I owe the council 569.60 in overpayment of housing benefit...

I have repeatedly asked the council to prove where this overpayment was made and how, as I am fully aware of the little loophole in the law that is:

 

"The law of Estople quotes that if you recieve an overpayment and did not realise, and if to repay the money would put you in a worse financial position than if you never recieved the overpayment the amount does not have to be repayed".

 

well to be frank, the council have never told me: a) when this overpayment is supposedly for, b) how they worked it out, and their reasons for working it out

 

at the moment, I am really in a bit of a tight spot financially, and there is just no way that i can pay back 569.60. also, i dont feel that i should - the last time i claimed HB was Jan-April 2006, and I kept them fully aware of my employment situation - i even returned the final HB cheque to them unpaid as i had started work, but they hadnt updated their computers, and i thought "sod's law, if i bank this, theyre gonna want it all back..." so i returned it.

 

can anyone advise on what i should do?

the bailiffs are saying that if i dont pay them in full within 7 days they will 'take further recovery action'

 

 

help....????:confused:

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

***bump***

 

anyone????

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

I think you need to see the CAB or perhaps a fixed fee interview with a solicitor.

I had a long running dispute with the council over unpaid garage rent, I cancelled, they said not, it took the CAB and a visit to solicitor to get them off my back.

Long and short was they couldnt prove how I owed the money so had to back off.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

Link to post
Share on other sites

what did the CAB do?

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

i have sent the council a letter asking for a complete breakdown of the overpayment, including reasons for the overpayment, and also copies of any previous correspondence regarding the alleged overpayment, but i dont know what to do when i get them??

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

i have sent the council a letter asking for a complete breakdown of the overpayment, including reasons for the overpayment, and also copies of any previous correspondence regarding the alleged overpayment, but i dont know what to do when i get them??

 

Come back here for some advice :)

Link to post
Share on other sites

CAB directed me to a solicitor who charged me £10 for an interview and advice.

 

Went back to CAB who helped me draft some letters asking for proof of my tenancy for the period stated and thier proof that I had not handed back the keys as I said.

 

They couldnt do either so it was end of story.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

Link to post
Share on other sites

Mama Bear, You made the council fully aware of your circumstances and so the overpayment should be their responsibility. If they refuse to accept this a welfare rights worker from the CAB or a Law Centre could help you with an appeal. Councils unfortunately use unacceptable debt recovery methods. They have no legal right to use bailiffs without a court judgement. Several councils use Philips as they work both as debt collectors and bailiffs. In your situation (HB overpayment) a judgement could only be granted in the County Court. If this occurred the bailiff would be a court officer and would not belong to a private firm (Philips). If you ask the Council for an explanation of this they are likely to say that Philips are not acting as bailiffs in your case but simply as debt recovery agents. This means that they have no right to list or remove your goods, and only have the right to ask you for money. The reason why councils use this company seems to be simply to scare people into making (often unaffordable) payments, as their letterheads state 'Specialist Bailiff and Debt Recovery Agents'. The Office of Fair Trading's Debt Collection Guidelines 2003 may be worth quoting to the Council, as they forbid debt collectors from posing as bailiffs or officers of the Court, and order creditors to suspend collection of a debt that is in dispute. When you contact the benefits department at the Council, let them know that you are disputing the overpayment and ask them to arrange for debt recovery to be suspended while you do this. Hope this helps & good luck catw75

Link to post
Share on other sites

Mama Bear,

 

When the local authority notify you off an overpayment, they have to do so in writing and include the following information:-

 

That it considers that a recoverable overpayment has been made.

The reason the alleged overpayment was made.

The reason why the alleged overpayment is recoverable.

The amount of the alleged overpayment.

How the amount of the alleged overpayment was calculated.

The period over which the alleged overpayment was made.

In the case of housing benefit, if it proposes to recover the alleged overpayment from the persons current benefit by deductions at source, how much it proposes to deduct per week.

 

The letter also has to explain that you have the right to the written reasons for the decision and how you can get the reasons.

That you have the right to have the decision reviewed and how you can do this. If they have not provided this information to you, complain.

 

There is however a one month time limit to ask for more information or ask for the decision to be looked at again. When were you informed of the overpayment? Did you ask for the decision to be looked at again? What did the local authority say? The local authority do normally negotiate a reasonable repayment plan but they do not have to. Did you offer to pay a weekly, monthly amount?

 

Unfortunately, all overpayments of benefit can be recovered by the local authority, unless the overpayment is the result of official error. If you can provide more detail as to why the local authority say there has been an overpayment then I will try to help you further. You can complain using the local authority complaints procedure and after this complain to the local government Ombudsman. If you are unhappy with the local authority reply.

 

Hope this helps.

Link to post
Share on other sites

  • 2 weeks later...

Hi Can anyone explain to me how the law / principle of Estoppel work in regards to overpayment of benefits? Two of my friends are in situations where they have received threatening letters from debt collectors stating that they are recovering overpayments of Houding Benefit and Tax Credits respectively...

i was told (on here) that

 

"The law of Estople quotes that if you recieve an overpayment and did not realise, and if to repay the money would put you in a worse financial position than if you never recieved the overpayment the amount does not have to be repayed".

 

can anybody elaborate on this for me please???

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

also, with regard to my situation, I have had no correspondence from the council, but i also cc'd a copy to the debt collectors, who just sent me another letter saying that they will be sending a representative round to my house to collect the money ! they can try, but theyre not coming through the door!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

Mama Bear, if you have not had any correspondence from the council complain to them using their complaints procedure.

 

Also, as mentioned previously, if an overpayment has occurred because of non-disclosure of details, change in circumstances not being passed on etc, it is the individuals duty to notify the local authority. If through this, an overpayment has occurred, they can ask for it back. However, if you are on benefit there are limits to the weekly amounts they can deduct from your benefit for the overpayment.

 

It may seem harsh but if recovery was not possible, anybody could give false information. For example, being a single parent while having a partner living with them and then just saying it will cause hardship to pay back the money owed and not pay when it comes to light. The system would not work if everybody could argue that paying it back would put them in a worse financial position.

 

As mentioned, it can be challenged though if the error was on the local authorities part. You mention that your friends are also being pursued by the bailiffs for overpayment of benefits, did they receive notification from the local authority before the bailiffs became involved? If not, then it looks as though a complaint needs to be made by you all to the local authority. If you are on benefits still try to deal with the council regarding a payment plan.

Link to post
Share on other sites

I've just spoken to my daughter who is a Housing Benefits Assessor and she said the best way to deal with this is to Complain to the Chief Executive (she said staff intend to take more notice when it comes from that source) of your Council and give them 14 days in which to resolve the matter and advise if after 14 days you are not satisfied you can complain to your Local Government Ombudsman. This will depend on which Council you come under. Apparently they should have sent you a letter detailing our the overpayment occurred.

Hope this helps.

Link to post
Share on other sites

brilliant! thank you very much - I will do exactly that.

tell your daughter thanks for the advice!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

Should have mentioned that if you do have to complain to the Government Ombudsman the one for our area was very good when we had to make a complaint and my daughter finished up with £1,500 in compensation as they were found to be at fault. So good luck.

Link to post
Share on other sites

i sent the council a letter on 30th march but have had no response from them at all. what should i do?

i wouldnt mind, but the problem is for my old address (which i moved from a year ago) but they 'found' me on the voters role and sent letters to my new address. they were quick enough to do that, but when i complain, it takes them over a month to reply!!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

If you gave them 14 days to reply and they haven't then you need to send your paperwork to the Local Government Ombudsman. The address will depend on which Council you are with. If you go on to your LA Website it should give your their address or you could always ring them up and ask if you can't find it. Make sure you do complain because they do react.

Link to post
Share on other sites

is there anything in particular i should say to the ombudsman or just tell them the complete story? im really annoyed, because i have also told the debt collectors that they cannot pursue me for this amount as it is in dispute, however they keep sending me legal letters saying that they will send the bailiffs in - which i have told them that they cant do without a court judgement/order - see post #8 - but they keep threatening me all the same!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

  • 4 weeks later...

i sent the letter, like you advised, although i didnt send it recorded - might send another copy tonight to make sure, as i had ANOTHER nasty letter this morning from them!!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

have sent another copy to them recorded, and i must say, i was a bit nasty - it left them in NO doubt as to my intentions if they dont stop harassing me!

08/02/07-Prelim letter & SOC sent to Barclays

22/02/07-LBA & updated SOC sent to Barclays

23/02/07-Prelim letter and SOC sent to RBS

05/03/07-Offer letter recd from RBS - full settlement, no conditions. Accepted

08/03/07-Paid in full from RBS:D

12/03/07-Offer from Barclays - less than 1/3 of the full amount, rejection letter sent with updated SOC:mad:

26/03/07-Claim #2 against RBS...Prelim letter and SOC sent (same account, more charges since settling last claim!)

18/05/07- recfd offer from RBS for full amount claimed, accepted!

25/0507-recd offer from barclays for full amount!!!! yippee!!! acceptance sent

26/0507-recd letter from barclays saying that they have closed my account???? help!?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...