Consumer Rights Act (Sale of Goods Act and Supply of Goods and Services Acts replaced) including digital cover.
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So much to complain about in the energy sectors?! Listed below are links to various helpful posts about any issue you may be having with your supplier, your rights, how to get it sorted and gain redress.
Nick Dilworth writes a guest post on the state of the benefits system and what to do if you have problems with benefits.
Holding the state to account
Having helped many hundreds of people battle with the Secretary of State over benefit decisions which are often full of flaws, badly reasoned and which are all too often overturned by independent Tribunals allowing appeals in favour of the claimant, I am increasingly concerned about the gross erosion of access to justice following cut backs in legal aid and cuts backs in the advice sector. As a front line benefit specialist we are fully stretched in trying to help more people than our limited resources can adequately properly provide for.
I’m seeing large numbers of people turn to social media in an effort to find online solutions, its soul destroying to see so many people out on a limb and alarming that much of the advice available simply isn’t right.
So here’s a few handy hints.
What should you do if you find your benefits stopped, reduced or subject to sanction?
In all cases you should try and get help from a reputable advice agency such as the CAB or a recognised law centre. Despite savage cut backs the advice sector is still there to help you and even if they can’t offer you one to one help you can access updated advice resources which enable some people to resolve their problems by empowering them to follow the correct procedure. Agencies have proper indemnity insurance if anything goes wrong and rigid training is in place for staff who provide advice, so speak to someone in the know.
Make sure you know which process to follow. If your benefits have stopped or been reduced or you are subject to a sanction, you will generally have a statutory right of appeal and a right to request written reasons as to how the decision was arrived at. Most statutory authorities use fairly standard stock phrased letters, sometimes it pays to ask for more detailed information so you can be sure of exactly what it is that you disagree with. Many disputes have to be resolved by initially requesting a ‘mandatory reconsideration’. After this you should be sent a ‘mandatory reconsideration notice’; if you still disagree with the decision you can request a formal appeal to an independent tribunal arranged by Her Majesty’s Courts and Tribunals Service (HMCTS); you’ll need to send a copy of the mandatory reconsideration notice with form SSCS1 to the HMCTS Appeals Centre to the address given on the form. These types of disputes are known as formal reconsideration requests, revisions/supersessions and lodging formal appeal.
Always put your reconsideration request, request for reasons or formal appeal in writing, keep a copy and send it by some form of recorded mail so you have proof of postage and receipt. Authorities try and resolve disputes of this nature by telephone, by all means use it to speed things up but always back everything up in writing and make sure you keep a record of when the call was made, what was said and who you spoke to. Why you should write not phone. If you have been given a valid email then use it as it enables you to show evidence of communication. Do everything in the time limits, if this isn’t possible then provide some reasons for lateness.
If you are unhappy over treatment you have received from a statutory agency you can complain. This may be appropriate in cases of delay, where standards expected fall below what they should be or where you believe you have been mistreated or treated unfairly. Write to the Customer Complaints Manager of the department concerned and set out your complaint to provide a brief history followed by specific grounds under different headings followed by a summary and an idea of what you consider to be a suitable remedy. Remember to be clear between the process of disputing/appealing and complaining otherwise your appeal may get lost in the wording of a complaint. Break your letter down in to concise sections setting out the complaint in such a way that it is relevant, easy to follow and likely to draw attention to what’s gone wrong and who you consider to be at fault. Set a timescale in which you should expect a reply. Refer to any guidance of the department as to their complaints procedure. You can always complain to MPs and other statutory bodies if you remain dissatisfied with trying to sort things out with the agency involved.
Some agencies and disputes, often concerning tax credits for instance, may be subject to a discretionary code where you don’t have a formal right of appeal. This doesn’t apply in all tax credit cases but for the majority you will need to follow the HMRC Code of Practice (COP 26) and set out your dispute in writing, you should argue your dispute and seek to persuade the agency on using their discretion to resolve it in your favour, it’s always good to cite the code and illustrate how it applies.
In cases involving a large loss of money, where the impact on you is serious, when being investigated or where issues of law arise you should always seek proper professional help.
About the author Nick Dilworth is a welfare benefit specialist of over 20 years full time experience, alongside his day job in the advice sector he writes for the popular online website ilegal.org.uk where’s he’s received over 2 million views for his many articles tracking the chaotic reforms of the DWP and taken apart many government statistics to enable people to get a better concept of what’s really going on in the world of welfare.
If your luggage is lost or damaged you should be able to claim from the airline. Different airlines have different rules, but as a general rule of thumb, the CAA says airlines often don’t automatically consider themselves liable for consequential losses and so the only way you could enforce a request if the airline initially refuses to do so, is in court. A consequential loss may be missing a connecting flight because you were waiting for your luggage. Airlines will usually deal with these issues on a case by case basis. They should pay out for essentials and you will have to follow the airline’s specific procedures for complaints, noting the time within which you need to complain. You may get more on your travel insurance but this will depend on the cover taken out and of course the excess.
Luggage is considered lost after 21 days. You must report the fact that your luggage has been lost, delayed or damaged at the airport and keep a copy of the Property Irregularity Report (PIR) which staff of the airline will complete. It is not a legal requirement to have this and some airports may not have them. To make a claim you must then contact the airline in writing:
Lost/stolen/damaged luggage – within 7 days
Delayed bags from receiving the delayed bag –within 21 days
If the airline accept your claim, they may pay for your baggage to be repaired, or may provide replacement baggage. If your luggage turns up a day or two later the airline has to make arrangements for getting it to you as efficiently as possible. Where luggage doesn’t show up, you should be able to monitor it through the tracing procedure, either by contacting baggage services at the airport, the airline’s central department or by logging into an online baggage-tracing page with a reference number.
Goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the trader must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund. A common mistake people make is to contact the courier and some retailers will try and fob you off and make you do this. However, your contract is with the trader, their contract is with the courier. Here is a template letter for when things go wrong with a delivery (put in your own information instead of the writing in bold).
Use “faithfully” when it is “Dear Sir/Madam” and “sincerely” where you know the name of the person to whom you are writing) and replace the bold with your information!
On the date I ordered and paid in advance for item(s). It is now the date and I have not received it/them.
I look forward to hearing from you within seven days. Should I not be fully satisfied with your response I will not hesitate in taking the matter further which will include, but not be limited to, informing Trading Standards and if necessary starting proceedings through the Small Claims Court.