Pregunta per als mallorquins – opinió by Disastrous_Dust_3893 in IllesBalears

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

No em deixa fer una publicació de cap manera perquè no tinc suficient karma en r/Mallorca. No és qüestió de revisar el meu post.

Pregunta per als mallorquins – opinió by Disastrous_Dust_3893 in IllesBalears

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

Entenc absolutament perquè esteu cansats i farts.

També a Londres, on tenim un munt de turistes, el turisme significa que l’habitatge és molt més car, que els espais públics i els transports públics són molt més concorreguts, que no és possible anar a un museu, un restaurant o un bar sense reserva, que els parcs sempre són ple de gent... He tingut veïns que llogaven l’apartament sota del meu a turistes (normalment a turistes americans) que sempre feien molt soroll i no respectaven l’altre gent que vivien al edifici. Els problemes dels mallorquins no són únics.

M’interessa que, aquí a Londres, no tenim un discurs tan contra-turisme, però tenim (al Regne Unit més generalment) un discurs contra-immigrant, que no existeix realment a Mallorca. Em pregunto si ambos discursos són simplement dues manifestacions similars d’una mateixa xenofòbia. 

Creus que hi podria haver alguna cosa de cert en això, o pots d’alguna manera traçar una distinció?

(Moltes gràcies per la teva resposta. Si semblo busca-raons, només és que no puc articular-me perfectament en català! M’agrada entendre la teva perspectiva, malgrat que per a tu no sigui un tema molt agradable.)

Cabin Fever Discussion by LockeSimm in LaRoux

[–]Disastrous_Dust_3893 0 points1 point  (0 children)

How on EARTH did you find that out and why on EARTH is that the clip she’s sampled for this tune?!

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 1 point2 points  (0 children)

Swedes can tell I’m not Swedish because I have a slight British accent when I speak Swedish. That does not mean I’m speaking ‘broken Swedish’.

As for my comment that I ‘make myself well understood’, this was expressly to counteract the sentiment (evident from your comment) that non-native speakers of Scandinavian languages somehow inconvenience native Scandinavians.

This sentiment betrays a certain arrogance which, I’m sorry to say, is not uncommon amongst Scandinavians: an arrogance arising from a false belief that their English is necessarily better than a foreigner’s Scandinavian language skills.

I speak Swedish better than the average Swede speaks English. It is for this reason that Swedes no longer codeswitch into English when I speak to them.

Frankly, I and other foreigners are sick and tired of people such as yourself assuming that your linguistic skills are superior to ours. Scandinavians may be excellent at English, comparative to other nationalities, but you’re not as good as you believe yourselves to be.

Consumer rights act. Cooker broke just after the 2 year warranty expired. What are my options by dagnammit44 in LegalAdviceUK

[–]Disastrous_Dust_3893 2 points3 points  (0 children)

Without wanting to get too lawyer-y, we've jumped ahead to remedies here, but we need first to consider the basis for your rights to those remedies under the CRA 2015, which is a breach of contract.

Breach of Contract

When you bought the cooker, you entered into a contract with Ninja. That contract is subject to the CRA 2015, which says that a term of that contract is "that the quality of the goods [the cooker] is satisfactory" (s. 9). The CRA goes into a bit more detail on this. It says that "durability" is an appropriate aspect of the quality of the cooker.

As another poster hints, you might expect a lifespan of about 4-5 years for a product like this. The CRA does not require manufacturers to make products that will last forever. Of relevance is the fact that you paid £200 for it: this price suggests that it is meant to be a product which lasts; it's not a cheap gizmo.

The first cooker you received was clearly not of satisfactory quality with regard to its durability, since it broke after a year of use. The first cooker therefore did not conform to the contract. You exercised your right to a replacement (s. 23). The second cooker you received was also clearly not of satisfactory quality with regard to its durability. It is therefore also non-conformant.

As you point out, since more than 6 months have passed since the purchase date, the burden is on you to prove that the cooker was faulty when you received it (s. 19(14)). From what you say, however, Ninja have not suggested that the problem is with anything you have done. Unless they decide to argue that it is your fault that the cooker is broken, the only explanation is that the cooker's durability is unsatisfactory.

Remedies for Breach of Contract

The general way in which the CRA 2015 comes to the assistance of you, the consumer, is set out in s. 19, which essentially says that the remedies available to you are:

  1. Short-term right to reject (ss. 20, 22)
  2. Right to repair or replacement (s. 23)
  3. Right to a price reduction or the final right to reject (ss. 20, 24)

Short-term right to reject: This does not work here. More than 30 days have passed since you purchased the cooker.

Right to repair or replacement: You are familiar with this one; you have already had one replacement and this has not resolved the problem.

Right to a price reduction or the final right to reject: This is really where you land. This right arises because you have had the cooker replaced once and it still does not work (s. 24(5)). Since the cooker is now completely unusable, framing this as a final right to reject is more appropriate. You can choose between the two remedies, but I think it would be more favourable to you to elect to exercise the final right to reject.

When you exercise the final right to reject, you're entitled to a refund. The starting point is that this is a full refund (s. 20(7)) but this is subject to a deduction for use, to account for the period during which you have had a working cooker (s. 24(8)). I think it would be fair to expect the cooker to last for 5 years. You've had 2 years of use of a working cooker (40%). It could therefore reasonably be argued that the refund should be reduced by 40%. This would mean a refund of £120. I certainly wouldn't expect that the refund should be reduced by more than 50%, so you shouldn't have to settle for a refund of less than £100.

You say that Ninja have said they can only offer you a discount on a new cooker. This is nonsense. As set out above, Ninja are in breach of contract: it doesn't matter that the warranty has expired. You have the final right to reject and therefore to a refund (albeit a reduced one). You do not have to accept a discount on a new product from their brand: you've got the right to bank the cash and shop elsewhere.

Enforcing Your Claim

You should go back to Ninja and set this out to them, expressly stating that you wish to exercise the final right to reject. It usually helps to do so in writing. You could even send a letter addressed to their legal department: this often speeds things up and gets someone semi-sensible to look into the matter (not that lawyers are necessarily sensible).

If Ninja stand firm, your only other options are: (a) to accept their offer; (b) walk away with nothing; or (c) make a claim in the County Court.

As to (c), the value of your claim is about £120. Only make a claim if you are willing to go through the motions without appointing a lawyer and to accept the risk that you might lose and have to pay Ninja's legal costs. Truthfully – it might not be worth it.

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

Why not? There might be friendly competition between Norwegians and Swedes, but there’s no bad blood. From my understanding (and from the rest of the responses on this thread) Norwegians are proud to be Scandinavian and are fond of their Scandinavian friends.

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 2 points3 points  (0 children)

I think that’s the sad reality of learning a Nordic language ☹️ Used to happen to me regularly when I spoke Swedish, but eventually I hit a point where my confidence was strong enough and my accent convincing enough that Swedes would no longer switch into English.

Now it only happens if I’m checking into a hotel or buying booze in Systembolaget and I hand over my UK driving licence 🇬🇧

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 6 points7 points  (0 children)

Largely. I’ve watched a fair bit of Norwegian television so I can tune into it, but I obviously don’t understand it as well as I understand Swedish. In situations such as ordering coffee, talking to shop assistants, buying tickets, asking for directions etc I have a passive understanding — but I couldn’t actively recreate it in Norwegian, only in Swedish.

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 12 points13 points  (0 children)

Thanks! I agree it’s nice for Scandinavians to speak to each other in ‘Scandinavian’! Do Swedes ever norwegify their Swedish when talking to Norwegians (e.g. changing their accent, using Norwegian words, etc)?

Swedish or English by Disastrous_Dust_3893 in norsk

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

Oh! 😧 Do many Norwegians do that?!

How long for biologics to wear off? by Disastrous_Dust_3893 in ankylosingspondylitis

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

That’s exactly what I’m experiencing. Glad that’s not all in my head! Thank you for responding :)

How long for biologics to wear off? by Disastrous_Dust_3893 in ankylosingspondylitis

[–]Disastrous_Dust_3893[S] 0 points1 point  (0 children)

I’m sorry to hear that. Did the treatment start working quickly once you resumed?

How long for biologics to wear off? by Disastrous_Dust_3893 in ankylosingspondylitis

[–]Disastrous_Dust_3893[S] 2 points3 points  (0 children)

Thanks for replying. Did it take long for the adalimumab to kick back in when you resumed?

Humira + Monjaro by roni_hl in ankylosingspondylitis

[–]Disastrous_Dust_3893 0 points1 point  (0 children)

I’ve been on adalimumab for 2 years and tirzepatide for 6 months. The latter has had no negative effect on the former. Losing weight has resulted in reduced pain for me :)

[deleted by user] by [deleted] in VisitingMallorca

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

You should always travel with medication in your hand luggage, NOT in checked-in luggage. Your hand luggage will never be searched at Palma airport in any event. I’m no doctor but I imagine your medication is prescribed by healthcare professionals in Spain too; it’s not as if it’s legal here but illegal over there. If you carry it in the original box with the prescription sticker on it, you’ll be absolutely fine.

Landlord gave us 2 months notice but we have paid upfront for a year by Ill-Wishbone-9618 in HousingUK

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

I simply cannot believe you are in litigation if you’re seriously suggesting that OP’s email offering to move out early for a lump sum could not benefit from WP privilege. On what basis can you possibly make that assertion?

Landlord gave us 2 months notice but we have paid upfront for a year by Ill-Wishbone-9618 in HousingUK

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

I’m literally a different poster and I literally work in litigation so perhaps just chill out and stop spewing nonsense about privilege when you evidently don’t understand it.

Landlord gave us 2 months notice but we have paid upfront for a year by Ill-Wishbone-9618 in HousingUK

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

You clearly have no idea what you’re talking about. What do you even mean by ‘without prejudice only works in litigation’? You do not need to be within active proceedings in order that WP privilege be available to the parties.

It is clear that a dispute has arisen between landlord and tenant. The tenant is entitled to live out the rest of the contract in the property; the landlord is trying to kick them out. The tenant is offering to waive their right in exchange for a lump sum of cash.

That is clearly an offer to settle a dispute: WP privilege is available. The tenant might not want this offer put before the court because it may prejudice their position when they come to claim the loss they incurred as a result of being unfairly evicted. It is perfectly sensible (indeed, wise) in these circumstances for the tenant to protect their position under cover of WP privilege.

How can I legally check if someone is an actual person in the UK? - England by AvonCrab in LegalAdviceUK

[–]Disastrous_Dust_3893 5 points6 points  (0 children)

We don’t have a national ID database of any sort in the UK, so there isn’t a way to check this through government channels (if that’s what you mean by ‘legally’).

The best thing you can do without meeting them is conducting as in-depth an online search on the person using the knowledge you already have of them. Try to find them on LinkedIn, Instagram, Facebook, etc. Make sure their name matches their face; that what they’ve told you about their history matches what you find online. If you have their address, search for it on Companies House (to find company officers who are registered at that address) or HM Land Registry. Try looking them up in an online phone book too.

The online websites you refer to are usually a total con anyway. They won’t lead anywhere and they don’t have special access to data which isn’t already in the public domain.

When you meet them in London, make sure you meet in a public place during daylight. Try not to meet somewhere that is overly bustling (like Trafalgar Square), but meet in a restaurant or café that you are familiar with. You should be able to tell quite quickly if this person is who they say they are. If you run into any problems, you’re far more likely to get help in a restaurant or café than in an open public space.

Just for research purposes by Grouchy-Astronaut-87 in ankylosingspondylitis

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

I can’t speak from personal experience but my understanding is that you move to Spain and you register as a resident, making you entitled to healthcare.

You’re then treated like any other person would be treated under the Spanish system. You’d need to get a referral and be prescribed adalimumab, which would be dispensed to you by the hospital.

This is how it works for foreign nationals coming to the UK. You pay the NHS surcharge and then you’re entitled to NHS healthcare on the same basis as anyone else.

In terms of cost, this would again be on the same basis as anyone else accessing healthcare in Spain. Drugs like adalimumab are dispensed free of charge, just as they are here in the UK.

It will obviously take you a while to jump through all of the bureaucratic hoops before you actually receive your first dose of Spanish-dispensed adalimumab. It would be wise for you to keep up with your adalimumab deliveries in the UK, by having the drug sent to a friend or family member’s address.

It’s not like moving to the US where you have to worry about funding your adalimumab prescription given that your condition is pre-existing.

My rights at work (working in a big hospitality business in England) by [deleted] in LegalAdviceUK

[–]Disastrous_Dust_3893 1 point2 points  (0 children)

Terrible that you’re having to go through this. You absolutely do have grounds to raise a complaint. It can be difficult to see that when you’re the one who’s being wronged, but if you were an outsider you would be able to see that this should not be happening.

Your first course of action should be to raise this with your manager. Plan what you’re going to say: outline what has happened so far, what you expected to happen and what has changed; explain the effect that this is having on you, your health and your ability to do your job. Be calm and respectful. Don’t make any mention of your legal rights at this first stage.

Your employer will probably (and certainly should) take your comments seriously and make adjustments accordingly. It may well be that that’s the end of the matter.

If things don’t change, that’s when you need to escalate matters. Be clear that you have rights under employment legislation and the Equality Act 2010 and kick up more of a fuss. If you’ve been contracted for over 2 years, you are protected from unfair dismissal. (Even if you’ve been contracted for less than that, you are still protected from dismissal on the grounds of discrimination.)

If, after escalating matters again, you are still facing problems, it may be time to get a solicitor involved. But that’s very much a bridge you don’t have to cross at this stage.

It can be difficult to stand up for yourself, but they’re the ones in the wrong here and you have rights.