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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Dla renewal refused


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Until you stop eating processed food completely you don't realise how much salt is in the food. What shocked me was when my husband was in hospital (prior ro diagnosis) his body was in spasm due to lack of nutrients - potassium, iron, salt everything. Due to his condition at the time he was unable to absorb any nutrients through his gut however he sent me out for a KFC and the salt he absorbed through his gums immediately stopped the spasms. That is frightening. The whole family now does not eat any processed foods.

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No need to apologise, honey - perhaps you should have made that clear in your earlier post.

 

Obviously when you have children with a "hidden" disability, as Bookie and I do, you want to protect the reputation of people receiving DLA genuinely.

 

 

 

 

Yes and maybe you and bookie shouldnt be so quick to jump down peoples throats tiglet

 

We are all aware of your childrens' disabilities and sympathise with you but there are a hell of a lot of bludgers out there and i personally know of a few

 

I have 2 disabled nieces myself so know how difficult it is to get them around, but my brother has had to fight tooth and nail to get them their motability cars in the past

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Hi Tiglet & Bookie.

Excuse my ignorance, but, when you talk about going into melt down do you mean temper tantrums. I have a neice who was diagnosed at birth with Prader Willie syndrome. She is now 13. I have seen the tv programmes about the condition and the problems with controlling the weight. One thing that was never mentioned was the bad temper. My neice could wreck a room in no time at all. Even her special school will only take her for one hour a day now because they say they can't cope with her. However, my sister has since realised that the school tries to make out she is worse than what she is. Recently my sister was called into the school because the girl was having one of her 'episodes'. It just so happened that a behaviour expert was there on the same day. The headmistress was just about to tell my sister how bad my neice was when the expert interrupted and rated it at a 3 out of 10.

 

Sorry I've rambled on quite a bit here but you have made me wonder should we be looking beyond prader willie because at the minute no-one seems to know what to do. And instead of offering more help they seem to be doing the opposite.

 

while typing this, one incident came to mind that made me chuckle. One day in the middle of the village where they live, she was being a handful for her mother. There happened to be a police patrol nearby. They came over and offered to take the girl home. There was two of them a policewoman and a big well built policeman. From what my sister told me I think it was one heck of a struggle for the pair of them to handle her and that was two years ago.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

Paid in full in March 07

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Yes, I do mean tantrums.

 

It may well be worth your sister speaking to her paediatrician and asking him/her if there is any possibility of Autistic Spectrum Disorder (ASD). Often, with special needs children, there are a myriad of problems which are inter-connected, but different. It could, of course, be anxiety related. Ask her paed to check her over or refer her to CAMHS for further assessment.

 

Callumsgran - I don't believe anyone jumped down anyone's throat - it was merely pointed out that not all disabilities are visible. Missy Allen then quantified that - had she mentioned it earlier, as i said, maybe Bookie and I wouldn't have posted - then again, maybe I would because it is very important for people to realise there are hidden disabilities out there and you can't always see what's wrong.

 

Thank you for your sympathy, but I don't actually need any sympathy - I have the most wonderful son in the world, who is absolutely normal, but normal with a difference.

 

I obviously agree that people fraudulently claiming should be reported - i was merely advising caution.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I have a child who's got Asperger's Syndrome (a form of autism for those who haven't heard of it, of which there are many). Outwardly, he looks the average 11 years old. But odds are that he will never be able to have a job, will never be able to live independently, will be mainly confined to home all his life. He gets DLA higher care and lower mobility. His renewal is due when he turns 12, and I am going to push harder for higher mobility this time, because as he gets older and bigger, it means that when he goes into meltdown, his issues are even more significantly different from another child of his age. When he was 5, him running in the tram path was a lot easier to deal with than now where he's nearly my height and a damn sight faster :-(.

 

That makes no sense that your son gets Medium Care and Low Disability with Aspergers Syndrome unless the DLA has messed up my claim or your sons claim. I get Medium Care and Low Rate Disability for having both Aspergers Syndrome, Epilepsy, Short Term Memory Loss, Worchester Draught Syndrome and Arthritis so I don't know how that works out. If you can get the disability element put up a grade then that means that they are not using base reference for different conditions (Also before anyone says that his maybe worse, I frequently almost get run over by cars because I don't think to look and I can't recognise dangers)

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That makes no sense that your son gets Medium Care and Low Disability with Aspergers Syndrome unless the DLA has messed up my claim or your sons claim. I get Medium Care and Low Rate Disability for having both Aspergers Syndrome, Epilepsy, Short Term Memory Loss, Worchester Draught Syndrome and Arthritis so I don't know how that works out. If you can get the disability element put up a grade then that means that they are not using base reference for different conditions (Also before anyone says that his maybe worse, I frequently almost get run over by cars because I don't think to look and I can't recognise dangers)
No, he gets high rate for care, not middle, and low for mobility. This illustrates what a lot of these threads are about, namely how the forms gets filled in makes a difference. :-(

 

I went to tribunal with someone whose son was scarily like mine in age, behaviours, everything, yet she had been turned down over and over again, yet I got my son's 1st time.

 

To the best of my knowledge and my understanding, the difference between middle and high rate usually comes down to the amount of night care required, so a person who sleeps through the night is more likely to get middle rate for care whilst someone whose carer needs to get up 4-5 times a night to see to them is more likely to get higher, since it's round the clock care.

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I now have in my possesion two letters stating that I am entitled to middle rate care component and higher rate mobility component (no end date).

I did contact DWP about compensation but the girl I spoke to didn't know anything about that :roll:

Also got back my income support (back dated).

So thats me finally sorted out.

Still trying to sort out my housing benefit, but they did tell me that if there is a credit put on my account I will have to apply for a refund. :???:

 

I have had a letter from my local job centre stating I MUST attend an interview in November (otherwise it may affect them paying me money and it may be stopped) regarding helping me back to work and making sure I am claiming the correct benefits.

I phoned them up and asked if .....they were taking the mick, and was assured I have to attend the interview, but the letter is worded wrong about helping me back to work.

I told them that I had just got all my benefits sorted and I know that what I receive is correct.

But I still have to go.

What a waste of peoples time and money.

Ah well,

At least I will get my bus fare back :rolleyes:

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Have you appealed??????????

 

You have a right to appeal if your dla is refused or reduced.

 

And you have to really battle for it today!!!!!

 

No truer word was ever spoken. I've worked as a mental health advocate for some years now, and the reality of the refused DLA claims came down to one simple fact:

 

IF YOU'RE WILLING TO FIGHT FOR IT HARDER THAN THEY ARE WILLING TO REFUSE YOU, YOU WILL WIN!

 

Sounds a little simplistic I know, and it IS a lot of work, but the simple fact is that ANYONE who works in a vaguely statutory way is absolutely terrified of having a complaint made against them. That's the reality of all the paperwork - it just exists as a vaguely defined way of "covering your back".

 

So, I would recomend:

 

1) Get an advocate. Even though they have no more powers than the man in the street, the fact that they belong to an organisation scares the powers that be.

 

2) Make that complaint to the GMC about your GP.

 

3)Complain upwards at the DWP and appeal the decision.

 

4) Remember that, due to the contradictory statutes, court cases, policy and procedures and good old fashioned government incompetence, DLA awards are not based upon right and wrong. They are based upon who has the most will to fight the decision. And even though it may take a long time, you can claim the time lost in back pay (usually about six months, so you could have a nice lump sum to look forward to as well!)

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  • 3 years later...

please be aware it has nothing to do with how disabled you are!!! IT'S A WITCHHUNT! the DWP are being made to get as many as they can off the benefit altogether.

 

Four years ago I was seriously injured in a house fire.Seven operations later:

Left arm amputated, left leg serious burns and severe nerve damage and 46% full thickness burns to rest of body.(Nearly had my left leg amputated as well).

And of course this caused me to land up in loads of debt.I have posted on the CAG about this as well.

After spending 7 months in hospital (2 in intensive therapy unit on a life support machine) I was allowed out knowing full well the rest of my life would be affected.

After a few months I was advised to apply for DLA which I was granted with no problems.

I went on to motability and I got a car on the scheme.

I paid for the adaptions myself (infra-red remote controls with one handed driving ball)

As people will know you replace your car after 3 years for a new one.

I re-applied back in December 07 as you do, And to my shock and horror was refused DLA at higher rate and care component.I was awarded them both at the lowest rate indefinately.

I of course questioned this decision and they told me it was based on my local GP's report and also what I had written.

I got a copy of my GP's report from DWP and he had written on it............. Walking Unafected.

I of course went round to the surgery to see him and his answer was he didn't realise I had problems walking. (Do doctors not read reports from hospitals about their patients these days?)

I do understand that he was not my GP until after my accident and that I still go to a large city hospital for treatment and he does not know much about me.

After another two reports from him (With a fourth on its way) to DWP I still got refused.

Their reasons......Mr T------- attended his Gp's and..... HE! .....stated to his GP that he could not do this/could not do that/had serious problems with walking.This is the opinion of himself .........NOT HIS DOCTORS.

 

 

My GP admits to making mistakes apoligising to me and the DWP for NOT realising my condition and asking them to award me the original award I have now been refused, ie:Higher rate care component/mobility component.

In their refusal they also state that because I live in a one level house....NO problems with stairs.

Well...... I have two steps to get into my house but have rails attached to aid me in getting inside and excuse me if I am wrong but do no other places in the UK not have stairs.

They even go so far to say.....I have no problems turning over in bed/changing sheets, ect using a pee bottle for toilet needs in the middle of the night.....As I can use my right hand and....BOTH ARMS.

 

HELLO.....I only have one arm!

 

They just seem to be nitpicking at any excuse to refuse me DLA (my GP's own words) and if your reports are not right then you are stuffed.

 

I gave the DWP my Surgeons name ,ward number address ect, my Physiotherapists details, the specialist pain clinic I go to ect, They have not contacted one of them, telling me.......your GP knows you best.

NO he doesn't!

I am basically being called a liar.

How can you be disabled (seriously) as it states on my Incapacity details, and three years later......... the magic fairy came and made me all better.

These people are morons, the person that knows me best and how my disability affects me every day is myself.

But without my GP's report being worded correctly I have been refused DLA.

The trouble is , no-one explains how to fill up these forms which are a nightmare any day of the week and what to put in them.

I contacted CAB who have been very helpfull and are going to represent me at the hearing.They told me it should not even be going to a hearing and that I should have no problems getting the decision changed

Along with my GP's fourth report I hope I finally get this mess sorted.

But what annoys me the most is that I, not the DWP have to run arround sending letters/phoning people getting reports from my surgeon ect,

 

Never mind......Thank-you DWP for ruining the rest of my life and taking away the only freedom I had and the ability to go where I wanted.

 

My mobility car goes back tomorrow 22/04/2008 :mad:

 

And for also taking away what basic money I had coming in.

I did not ask for this life changing accident, I had a good job /a decent car /holidays ect.

Do I become another statistic in your files, on Incapacity benefit the rest of my life ?(thats even being questioned now, how my disability affects me from working, forms you sent me to fill in) and spend the rest of my life stuck in my house.

I'm only 48 yrs old, is this it ?, my condition will never change.

 

No wonder people go mad!

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