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  1. Hello I'm new here, but just wondered if anyone has experience with successfully challenging and overthrowing an ombudsman's final decision. The Financial ombudsman has made lots of poor excuses and failed to look at the significant evidence that yes car credit/direct auto have mis sold ppi and other insurances without permission. Many thanks if u can advise
  2. Hi, folks I recently had a PIP assessment and was shocked when the HP admitted that she hadn't bothered to read either the form or the supporting evidence, prior to the "assessment". I was wondering how this will play out at a tribunal? I recorded the whole assessment on my wife's phone
  3. Hi, I was recently convicted of benefit fraud, during my case my prosecutor kept making personal attacks against me. I made the mistake of letting the court know that I suffer from sever social anxiety and can't handle confrontation. it made me suspicious as to why he would do this when a piece of evidence that he told the judge of how much I had illegitimacy received over the time period of my claim I calculated there was an error in the numbers. When I applied for benefits I let the job center know that I had over the £6000 limit in savings, so if my national insurance contributions had run out there was no way I could have received £70 a week. I tried to tell my solicitor, but because the prosecutor heard me try to tell my solicitor of the error, the prosecutors abuse escalated causing me to turn in ward and not be able to think. I was only latter that I realised that my solicitor had not been provided with this information when I looked through the evidence that was supplied by the investigators. I believe that this infringes on my human rights to a fair trial. This was also not the only problem with my case. When the DWP decided to pass my case on to the crown prosecution service, it took another 10 months before I was called into court to answer charges and have a court date set. It took another 3 months for my trial to happen, but my trial was canceled because the prosecutor had scheduled another trial on that same day that over ran and my trial date was pushed forward another 3 months, when I heard of the error in court my time limit of 13 months to appeal the DWP decision had run out. I have tried to appeal through the tribunals but the judges are not interested in hearing what I have to say and just tell me my time to appeal has run out. Does Social Security Administration Act 1992 s116 (2) apply to my case and could you tell me of any other laws or decision that could help as there as been gross abuse of process. I can no longer find work in the area I am educated in, can you help, my situation has become very desperate. Thanks, suffy
  4. Hi guys I rang the DWP about a change in my circumstances. The guy on the phone told me I had to send some evidence in but the address he gave me sounded really weird- I wonder if anyone knows if this is right?: FREEPOST DWP ESA 36 Thankyou
  5. https://uk.news.yahoo.com/this-driver-had-his-parking-fine-overturned-after-091032871.html The most important part of the article is the last sentence from Athena;
  6. Hi I received a parking ticket mid December because I parked in a council car park with out a ticket. The reason why I parked without a ticket was there was signs on the road saying free parking today it was a free day of parking due to Christmas shopping. (I have photographic evidence of the sign advising this) I appealed the charge and sent the council a copy of my photo of the sign, they rejected this and said I have to wait for a notice to owner letter to come out before I can appeal which could take up to 28 days, (this is now nearly three weeks over the 28 days period). My question is do I contact the council again and say I have not received the notice or keep quiet, I am just worried they will take it further and say I have not replied to them.
  7. I had a parking ticket come through the post last week and it cited I now owed £110, I didn't received the initial parking ticket I went on to Harrow Council's parking website and looked at the evidence, the photos were so badly taken, that there was no photos of my car reg, the double yellow lines or the parking ticket on my windscreen. I do recalled the night in question as I brought over a bookcase for a friend of mine, and parked outside his flat, , and I do not recalled any parking ticket on my windscreen. I have further checked and there are double yellow lines on one side and single yellow on the other side of the road looking back I am pretty sure my car was on the single and not the double yellow lines. Do I have to accept that the ticket was lawfully applied, it seems odd that the photos were so badly taken, could the same be applied that the ticket was never put on my windscreen, and that I in fact came downstairs and drove away before it could be applied on my windscreen
  8. Hi all, Is there any truth in the rumour (English law) that a court won't convict on the evidence of a sole witness ? Also, is there any truth in the rumour that witnesses must be independent - i.e. ruling out 3 close members of a family effectively being 3 witnesses rather than 1 ? Mike.
  9. I'm having a really frustrating time with my direct line at the moment regarding an accident I was involved in on a duel carriage way roundabout. I was in the inside lane going forward onto the 2nd exit. He was in the outside lane and needed to take the next exit. As the roundabout was full of traffic it seemed like he was running out of time to get into the correct lane to take his exit. there were cars bumper to bumper behind me but a gap appeared between myself and the car infront. I was going around 25mph at the time following the flow of traffic. Next thing I knew I heard him accelerating really hard and he flew past me just as I was passing his intended exit. He clipped my car and scratched his car from front to back as he scraped the side of my car. He ended up in the lane he was heading for and I stopped on the verge of the roundabout. to me, he obviously found himself in the wrong lane and about to miss his turning, He took a risk to get through the gap and to do so he had to accelerate to twice the speed of moving traffic. He misjudged it and casused damage to both cars. Ok so what my problem is that the insurance company - Direct Line - is representing both parties. Apparently the third party is not accepting liability and is saying it was my fault for obstructing him and because I wasnt taking the immediate turning I was infact in the wrong lane and therefore liable. I messaged the guy, who gave me his numner at the scence of the accident and asked him what he think happened. He told me that the insurance company told him that he was not liable because of these facts. He actually didn't know who was liable until they told him that I was! Ive been told by direct line every time I call that its looking like it might be a 50/50 settlement which isn't right. theyre telling me this without actually having seen pictures of the damage or a full complete statement from the third party or myself! I understand that insurance companies try to save money and time by just automatically ending cases like this on roundabouts as 50/50. They tell me that theyre acting very professionally but honestly I really don't believe them. they've told me that the damage evidence doesn't really matter and that its his word against mind which would mean we are equally liable. But what gets me is that his word was influenced by his insurance company which is also my insurance company! basically I know he was in the wrong. He drove aggressively and dangerously and he took a risk that didn't work out. I wont back down on this as I don't want to have to pay the excess and lose my no claims bonuses and also raise my premium. most of all its the principal. has anyone had this before and if so did you take the decision to another body and challenge the insurance company?
  10. Hi, I'm currently in court with a dealer due to a fault car being sold to me. We've both been told by the court that we need to fork out £750 between us to gather expert evidence to determine if the car was faulty before 6 months of purchase or after. We were told by the court that if we can't agree on an expert to look at the car then the court would chose for us. After talking to somebody at the court yesterday i've now been told that I need to fill out an N244 form for the court to choose for me and this will cost £155 to do so. Is this correct or can the court just pick one for me? I've already paid a lot of money in court fees and don't have the funds to pay out that much + half the £750 as well. Thanks for any help
  11. Hi everyone, Thanks in advance for any help or advice you can give. My parents (both OAPs) have just received a PCN out of the blue for supposedly taking an illegal right turn on a town centre road. There are actually zero right turns on the street in question, so the only thing that could have happened (although they cannot remember it) is that they made a u-turn using a supermarket loading bay situated on the right of the road. There is a photograph enclosed that only shows the car driving down the street, (it could be on any street, in any town, judging by the photo!), so naturally we went online to check the supporting video footage that this photograph was supposedly from, only to find that the photo is the only evidence included on the page. The main question here is what should they do now? It is impossible to speak with a human on the telephone, but they do not want to pay a fine without seeing the video of the incident actually happening. Is there a particular contact they should make to request the footage or should they challenge the PCN? Obviously, they worry that if they take too long or challenge and fail, the fine will double. Thanks guys!
  12. UKPC have finally admitted that some of their "wardens" have been altering the time stamps on photographs used on their PCNs. The "wardens" have been sacked and the loophole in the software has been closed. This was after the company initially said that all the photos were correct, the time stamps could not be altered, and that the motorist would have to pay up. This story has been featured on the BBC, the Sunday Times and by the Parking Prankster. If anyone suspects that they have been the victim of this sharp practice you should contact PPC, but also the BPA and possibly Trading Standards.
  13. Hello Consumers forum I have a reassessment for my ESA due in Decemeber 2015. I have been diagnosed with Agrophobia, Panic Disorder, Depression and PTS.. I have asked my doctor if he would support me which he has agreed to. I just don't know what information to ask for? I wonder if he would go through descriptors with me and agree which affect me the most and create a report from that :/ I also have a CPN is it worth asking for a report off her also?
  14. Last week a PCN was issued to me in central London with a code 01 "Parked in a restricted street during prescribed hours" I was under the impression I was parked in a valid space and I was inside my car when the attendant was issueing a ticket, when I realised he was placing the ticket on the windscreen I then drove off and he was not able to take any photographs. When I have checked the PCN number online there are no photos whatsoever on the file. Is this ticket valid? Presumably they need photographic evidence that a parking offense was committed. Thank you.
  15. A small claims claim has been issued against me for breach of contract. The contract that I am supposed to have breached was cancelled in accordance with the company's cancellation procedure months ago. I am quite happy to defend the case on this basis, however, for a bit more ammo if required, I am wondering if there is any merit in the following. The copy contract supplied in the court claim by the claimant, is not the same as the original copy that I hold. The claimants supposed copy has been increased in monetary value and has been re-written. eg. the same person has signed and dated the copy but it can clearly be seen that the signature is in a different place to the original and other parts have been re-written or overwritten. I am interested to know how the court would view the Claimant tampering with the copy that they are relying on for their case? To my mind this is falsifying documents as it is not a true copy of the original? Will the fact that they are claiming a larger sum than was in the original enhance my defence? Any thoughts appreciated nn
  16. Hello all. OK, so I thought I had never taken out a loan with PPI until I was phoned up today by a claim company who told me I'd had a loan with HFC Finance from 2006 to 2009 for £5000. This corresponds with some car finance I had - the dates and the amount are right - and the claim co chappy said the HFC would have added PPI as mandatory at that time. So here's my problem... The car has long gone together with any paperwork to do with the finance - I can't even show that it was with HFC, I'm just working on the basis that the claim chappy has the right info even if I haven't As I've not had that many loans, mostly from my bank and I always turned down the insurance from them, I've only been paying partial attention to the whole PPI thing so far I'm a bit thick when it comes to this kind of thing and normally need a bit of hand-holding One thing I have read on here is that HFC (a) have shredded as much of their own info as they can and (b) are particularly slippery. As it's more than 6 years since I took it out and as I have no info myself, is there any point taking this one (myself, not a claim co)? And if it is, where would I start? Thanks, Higs
  17. A friend has been involved in road traffic collision where they were hit by a drunk driver who left the scene of the accident. The police arrested the third party from his home address within the hour and has since been released on bail. My friend has tried to obtain the registration number of the third party vehicle but the police are being guarded as to what information they will share. The police who attended the scene are now on rest days. My friends relative knows the third party driver and the third party has made allegations which the police are not divulging at this moment. If the third party got home before being apprehended, can the police still prosecute for drink driving or will the third party be able to say in their defence that they only had a drink when they got home? Does anyone know how the law stands on this point? Any advice would be appreciated. Thank you in advance.
  18. Can anyone tell me what evidence to gather for this? This is not for me but for a member of my family. Having worked for four years the union is happy to take it forward but we would like to put as much information together as possible and I would like to be as helpful as I can.
  19. I applied for PIP in Nov 2013 had my medical 11 months later which I failed. I asked for a mandatory reconsideration and submitted new/supporting evidence, sent recorded. Just been told this evidence has been lost, so there is nothing new showing on their system, I am going to get a failed because of this. Is there anything I can do about this, I have asked my CPN if she can send it again, but this is beyond belief. It took me ages to get that letter, it's not easy for me asking for help, saying nothing for what it is doing to my MH. I cannot believe they can lose such valuable paperwork.
  20. Right, where to start. I work in a security department of 20 people. 10 in my department, 9 investigators above us and one director. In my 10 there are 8 at the lowest level, with a lead figure and a head of department making up the 10. There are 6 investigators that have 2 managers and a head of investigations making up the 9, and then of course the Director. It is a very large firm and the security department has a very good reputation nationwide. However i believe that i have a rock solid case against the company for discrimination and constructive dismissal and need advice. A colleague at the same level as me was invited down to the security office and shown to an interview room. In this room he saw a tape recorder. He immediately said he wasn't happy with this and the head of our department of 10 said don't worry its just a talk and i need to be seen to be managing. He then sat my colleague down with one of the investigators and then reeled out 7 allegations of which five were considered to be Gross Misconduct. As you can imagine, my colleague was distraught! He had been an employee for five years, was very good at his job and was terrified of losing his job. The next day he called in sick and was signed off by his doctor for 2.5 months with stress. He was even referred to a psychiatrist. He was living with me as a lodger at the time of this happening. He had told me what the allegations were and i knew that they were all very shaky and that they were trying to manage him out. When he came back to work he was put on shorter hours and everything seemed fine, then 3 days later the company then suspended him on 5 counts of the 7 original allegations. He decided to fight the allegations and spent weeks on his defence whilst on suspension with pay. He also decided to make a grievance of his own against his manager, the lead security guy in his department and some of the investigators. Some of the grievances could be seen as whistleblowing. The HR department started an investigation into these complaints from my colleague and nearly the whole directorate, including the director was called for interview as a witness, or in some cases part of the grievance. I was called as a witness to one of the alleged whistleblowing incidents. I gave my evidence and also answered their questions. The next day, my Head of department had to be interviewed. He had then heard the allegations against him and because two of the events involved me at the incident he has decided in his head that i was responsible for trying to take him out. I was more than a little worried about what was going to happen after he came out of the interview as he is not a small guy and 3 of the allegations against him were of a violent nature. So without thinking i decided to place my phone on record in out restroom, which is shared by the investigators, whilst it was charging, and then went back out on my duties. I finished my shift at 7pm. My manager had already left when i came down. I took my phone off charge, stopped in recording and went to get my train home. I put on my headphones and started to listen. The first twenty minutes was silent and then my boss came into the restroom after his interview. He was very angry. He started talking to two people in my team. He was calling me all the nasty names under the son. He told a colleague he could easily put knife in my f***ing heart. My colleagues then started to suggest ways he could get me back. One even suggested sexual harassment. He then told them what i had said and openly admitted to the allegations to them but told them he denied everything. He then said he would start getting me and maybe tell a few lies to get me kicked out. This was said over the cause of the next hour with 7 of my team and 3 of the investigators all involved. All of this thankfully was recorded. I then didn't go into work the next day and contacted the HR department that is not located at my place of work. I had not slept that night and spent 6 hours with my girlfriend transcribing the incident with her in tears whilst we did so. I took the transcript to the HR department and read it out to them under recorded conditions. I also gave them a copy of the audio. They took it and told me to get some rest and that they would contact me later. The next day they told me they had spoken to my boss and he was very remorseful, i told them i was going to contact the police because of the threat to kill and i did so. HR told me that my boss was spoken to and was currently not in the business. They also said they would be investigating the other people in my team. A week later i was told by HR that my boss had resigned so they were confident i could return to work. I told them that another 10 people were implicated and compromised in the recording and i did not feel safe at all. HR then said we are investigating these people and repeated that they were very confident that i could return to work. I told them i did not know where they got their confidence from and that i would not return to work until they had finished their investigation. I then got my doctor to sign me off work for 3 weeks with work related stress. During this 2 week process i have had little or no sleep. i have been on edge because i fear reprisal from my know jobless boss who had threatened me just for giving evidence against him. My whole team were conspiring with him to get me not just sacked but with the sexual harassment claim, a criminal record, and three investigators were keen to help him. So this is where i'm at now. They haven't spoken to me for over a week now despite me asking them what is going on via email. I would like some advice on what my next move is..... I did love my job. I have been there for 7.5 years. I know my promotion was blocked on a few occasions and the last 3 people to be employed at my level, i helped train and they all became my boss. I did put in a grievance about this to the head of investigations 6 months ago and the whole directorate knew the following day. I genuinely believed the way i was treated that it would've been myself that was suspended but they chose my friend. I defended him and told the truth when i was a witness. The boss had already admitted the allegations against him on my recording, but now i feel as i cannot return to work, i feel my company are largely ignoring me and if i was to leave i would be taking a £10,000 pay drop in the same job role as my current employer pays very well. I don't know what to do next....
  21. Am seeking advice here due to the issue is with my ex partner. She received a text early November saying the account was been limited due to excessive use and a bill of over £200 been created. The payment was taken by DD even though no bill for the charges has been produced and was requested numerous times. Phone contact did nothing to resolve this issue and she advised them to cancel the contract immediately and send a final bill. She also informed them the DD would be cancelled and if the charges found to be legit then the bill would be paid. The SIM card was removed after that conversation (Early November). I then took possession of the SIM card so know it has not been used since then. T Mobile have now sent a demand for over £200 again for new charges since the last DD was taken in NOV. No bill has been supplied justifying these charges or what they consist of. What is the best way to proceed with this issue. It sounds like the standard not been able to collect DD pay up or else letter. The contract was a 30 rolling 2400 Minutes,unlimited text and internet so i myself would like to see how these excessive bills have come about.
  22. Where a loan has been written off by Thesis, is there any evidence that Erudio are trying to revive and collect on them.? Had a letter from SLC saying my loans which were with Thesis, and have been written off six months ago are now with Erudio, Or is it likely as I think SLC have fecked up? Thoughts.
  23. I've received an appointment letter from Ingeus which gives the usual date and time of appointment but underneath has the following:- "Your activities for your next appointment are: Please attend appointment to review your work related activity, alongside providing evidence of job application. During your appointment you will undertake job application activity providing documentary evidence of vacancies applied for during this time." I am aware I am under obligation to provide my job centre adviser with said documentary evidence of job applications each fortnight to be paid my JSA, which I do, but do Ingeus have a right to ask me for the same "documentary evidence" that I provide my job centre adviser each fortnight? Am I under any obligation to provide this "documentary evidence" to Ingeus? Also, at a previous appointment with Ingeus I had a face to face interview with an Ingeus adviser who spent their time typing up what I was saying on the computer, I could see her typing notes into boxes on screen under my name and I was wondering if I have a right to see what is being typed into these boxes?
  24. I was dismissed after a gross misconduct hearing with NHS, I appealed and lost the appeal. I applied under DPA for all information that they held about me. They sent me the same information that I had been given prior to and during the hearing. Due to my profession the disclosing and barring service are involved. A year after my dismissal the DBS sent me papers for me to respond to. The papers were from the NHS; the papers were a copy of the report made by a seniour NHS manager for the gross misconduct hearing. The problem I have is that the statement provided to the DBS by the NHS contains a different account that was provided to me; I have never been presented with this version from the NHS. The DBS version contains information that was taken from a meeting during 2011; however that information was initially recorded as a draft; that draft was recorded as a draft and the information was corrected during 2012 I have found a document (an email) within the DPA information that was written by a very senior NHS manager; that email talks about removing the 2011 comments as she does not want me to know about it. The NHS managers now have two versions of a statement one that was used during the gross misconduct hearing and another provided to the DBS. The one that was used against me during the hearing has no real negative issues, but they decided not to share with me some important elements; they used this against me during the hearing but didn't bother to share so I never had a chance to explain and provide any evidence to dispute. Now the DBS have this other statement I am going round in circles not knowing what to do. Thanks for reading I hope it makes sense
  25. I hope that this is the right place to ask for some advice. I receive DLA HRM and have done so for over 20 years. Just over 3 years ago I found out that I could have a Blue Badge because of my DLA award. I applied in June 2011 and it was given to me with no problems. However this time round when I asked for it to be renewed, the council refused to supply one. They told me that I had not sent in any up to date evidence to support my mobility problems. I understood that HRM made it automatic but it doesn't it seems. The council have told me that the award would have been based on old evidence when the award was made and for all they know I may have had a massive improvement and not told the DWP. They directed me to their website which clearly says what I should send them. Unless I can prove that my mobility problems are just the same today as they were a few years ago, then no Badge. This is what the council's website says which I must admit I never dreamed of looking at when I reapplied Send us: 1 recent passport size photograph a copy of a document confirming your address, dated within the last 12 months a copy of a document proving your identity proof of any benefit that means you qualify automatically recent medical evidence of your disability a cheque or postal order for £10 made payable to Kent County Council (if you haven’t paid online or by phone). Is this right?
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