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Please can anyone help me?

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  • #46
    Can you ask your husband a question from me?

    Suppose you went to buy this car and promised your mate Sid will pay the garage £1000 of the purchase price. The garage agrees to that and lets you take the car away, but your mate Sid doesn't pay them. Would you say that's the garage's fault and they mustn't ask you for the extra £1000?

    This is a ridiculous example, I know, because no garage would in reality let you take the car away until Sid had paid up.

    In the real life case, Coop did carry out the funeral based on MIL's promise that DWP would pay £1000 more than they eventually did pay. I'm sure that promise was given in good faith, based on incorrect paperwork from DWP, but it left Coop £1000 short on the funeral your MIL bought from them.

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    • #47
      Been following this thread and surprised no one has mentioned the possibility of taking civil action under the Protection from Harassment Act 1997

      Section 3 provides for Civil claims "for apprehended breaches" and damages to be awarded for (among other things) any anxiety caused by the harassment

      However I don't think we have a sufficiently coherent outline of the events, and I would recommend the OP gets some face to face advice (perhaps initially with CAB) before proceeding

      Comment


      • #48
        Originally posted by des8 View Post
        Been following this thread and surprised no one has mentioned the possibility of taking civil action under the Protection from Harassment Act 1997

        Section 3 provides for Civil claims "for apprehended breaches" and damages to be awarded for (among other things) any anxiety caused by the harassment

        However I don't think we have a sufficiently coherent outline of the events, and I would recommend the OP gets some face to face advice (perhaps initially with CAB) before proceeding
        I specifically mentioned that a couple of times, actually. But, as you say, it's not clear exactly what happened and when.

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        • #49
          missed that!

          Comment


          • #50
            Originally posted by des8 View Post
            Been following this thread and surprised no one has mentioned the possibility of taking civil action under the Protection from Harassment Act 1997

            Section 3 provides for Civil claims "for apprehended breaches" and damages to be awarded for (among other things) any anxiety caused by the harassment

            However I don't think we have a sufficiently coherent outline of the events, and I would recommend the OP gets some face to face advice (perhaps initially with CAB) before proceeding
            Thank you for your response, I cannot thank you all enogh for your help. I have been to CAB and they suggested I speak to someone in the legal profession and my MP ( who is backing my case). Please can I ask you for some advice as I am a bit worried about choosing a solicitor without advice. Can you recommend a solicitor or firm or is there a certain practising solicitor I need. If I take civil action is that against both dwp and coop. The judge in the tribunal advised that the law cant be enforced on the dwp?

            Im really sorry to bother you but I really would be so grateful if you could help me further.

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            • #51
              DWP made a mistake ..... that alone doesn't give rise to a cause for action
              Coop have acted poorly and this might give you cause to initiate a civil claim, but you will need face to face advice from a solicitor.
              Whether or not the possible cost and added stress will be worthwhile is another matter.

              We cannot recommend any particular solicitor, but you could look at our sister site https://justbeagle.com/.
              Local solicitors might offer either a free or set price initial consultation to discuss your options.

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              • #52
                Originally posted by 2222 View Post
                Can you ask your husband a question from me?

                Suppose you went to buy this car and promised your mate Sid will pay the garage £1000 of the purchase price. The garage agrees to that and lets you take the car away, but your mate Sid doesn't pay them. Would you say that's the garage's fault and they mustn't ask you for the extra £1000?

                This is a ridiculous example, I know, because no garage would in reality let you take the car away until Sid had paid up.

                In the real life case, Coop did carry out the funeral based on MIL's promise that DWP would pay £1000 more than they eventually did pay. I'm sure that promise was given in good faith, based on incorrect paperwork from DWP, but it left Coop £1000 short on the funeral your MIL bought from them.
                As you say no garage would let you take a car without paying. My husband says, to then come back after 4 months of thinking youd bought the car and have the receipt " paid in full!!!".

                I cant tell you how we both appreciate all your help and advise to which we will act. I know you recognise our situation and your diplomacy and advice have been invaluable

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                • #53
                  Originally posted by des8 View Post
                  DWP made a mistake ..... that alone doesn't give rise to a cause for action
                  Coop have acted poorly and this might give you cause to initiate a civil claim, but you will need face to face advice from a solicitor.
                  Whether or not the possible cost and added stress will be worthwhile is another matter.

                  We cannot recommend any particular solicitor, but you could look at our sister site https://justbeagle.com/.
                  Local solicitors might offer either a free or set price initial consultation to discuss your options.
                  I cant tell you how we both appreciate all your help and advise to which we will act. I know you recognise our situation and your diplomacy and advice have been invaluable

                  Comment


                  • #54
                    Originally posted by des8 View Post
                    Been following this thread and surprised no one has mentioned the possibility of taking civil action under the Protection from Harassment Act 1997

                    Section 3 provides for Civil claims "for apprehended breaches" and damages to be awarded for (among other things) any anxiety caused by the harassment

                    However I don't think we have a sufficiently coherent outline of the events, and I would recommend the OP gets some face to face advice (perhaps initially with CAB) before proceeding
                    Im sorry to bother you again but I spoke to one of the sols on the phone and she advised to write to coop head office and tell them they have to acknowledge my complaint as my husband is executor and if they do not act we will instruct an injunction?

                    It does not seem to be what you were advising in my untrained mind and we just seem to be going round and round in circles!

                    Comment


                    • #55
                      Because we don't have the benefit of face to face with you we were unable to advise your next step with certainty.
                      However we did say consult a solicitor.
                      (s)he has said recontact Coop with a view to taking out an injunction to force Coop to do what exactly.
                      You weren't exactly clear about what outcome you wanted

                      We also tentatively explored some of the possible actions open to you, one of which was a civil claim for harassment with the proviso you obtain legal advice.

                      What bit did your solicitor suggest conflict with what we were saying, bearing in mind that we were stressing you take legal advice

                      Comment


                      • #56
                        Oh no! I am not saying it conflicts with what you advised, what I meant was I didnt understand Injunction, in my naiviety I thought that was for violent relationships etc and didnt know that it was applicable to companies.She said to recontact the Coop to advise them they have to deal with the complaint and cannot say that because Mary has died, Franks wife. We cannot complain, because My husband is executor. She said that a civil claim for harassment would be expensive and probably not achievable. It was not face to face it was over the phone. I am trying to get face to face with a solicitor.
                        I am so sorry about the misunderstanding, I hope I havent offended you. It is just I am not legally aware.

                        Comment


                        • #57
                          Don't fret....we are pretty thick skinned and don't take offence.
                          I just couldn't understand and was trying to clarify matters.

                          Anyway our caution about costs of an action for harassment are echoed by the solicitor.

                          Good luck with arranging a face to face with a solicitor, which will probably help you understand your options better

                          Comment

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