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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 81 replies
    • 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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ESA Appeal tomorrow


mooshoo1
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Hi there guys,i have my appeal tomorrow,i seen to no the outcome already after reading other peoples responses they seem far worse than me and their appeals have failed,if my appeal fails i will not take it any further as i cannot emotionally take it anymore,will i be told the result at the appeal hearing? And ive been told i will have to apply for jsa,some people say this takes weeks to sort out,i have a child how will i cope without any benefit for weeks,can anyone advise me plz.

 

thank you.

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Hi and good luck for tomorrow!! Unfortunately the whole ESA setup seems to be one huge lie designed to kick those that can least afford it either health wise or financially!!

 

I cant advise on the questions you raise because I'm afraid i don't know the answers! We are still awaiting a date for my fathers appeal; but we too are now under the impression that the outcome is a virtual certainty - even though the man can hardly walk!!

 

But I shall have you in my thoughts tomorrow! Please let us know how you get on.

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Hey mooshoo, good luck for tomorrow. Have you prepared for your appeal? Do you have someone representing you? You won't know how it will turn out until you have it. I believe far far far more people win their appeal at Tribunal than not. I agree the system of ATOS assessments seem geared for no points, but I believe the Tribunal is the place to reverse this and often does.

I am 99% certain you are told the result shortly after the Tribunal finishes.

Best wishes hun.

Rae.

Edited by RaeUK
typoo
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Hi United, I can't recall but is your Father the gentleman with severe copd? [i'm thinking of a thread I replied to a while back]. If so, then I cannot see him having anything but a positive result.

Take care

Rae.

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Hi Mooshoo1.

 

This tells you all about the appeals process from start to finish.

 

If they are able to tell you the result on the day they will; but this doesn't always happen. Either way, they will send the decision in writing to both you and the DWP.

 

You say you have a child. Are you a lone parent, and if so is your child under the age of 10?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi United, I can't recall but is your Father the gentleman with severe copd? [i'm thinking of a thread I replied to a while back]. If so, then I cannot see him having anything but a positive result.

Take care

Rae.

 

Hi, yep that's the one lol. The more I read about these appeals, the more I dislike the system!

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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hi erika, no my child is 13,im just worried if the appeal fails,they will stop my esa payments,then i will have to apply for jsa,and sometimes that takes weeks to get sorted,i no some people have waited up to 6 weeks for payments,when i failed the esa medical they stopped the payments instantly,tho they did re-enstate when i appealed a few days later.

 

thanks.And yes i am a lone parent.

Edited by mooshoo1
forgot to say something
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Dear Mooshoo 1,

I Hope I'm not too late in responding. I was in the same state as you last week. Felt the appeal was doomed to fail as all I had seen were horror stories.

However, don't be too downcast just yet. When I went, although it was a very stressful experience, the doctor and lawyer were, in fact, very polite, professional and did everything they could to make me comfortable. They're not there to judge you, just to decide whether the Atos report truly reflects your condition. Take heart, it's not over til it's over.

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That's right, mooshoo, don't give up before you start.

 

I've been through it too, and had the same experience as Brighton gal at the tribunal. I was given a written decision on the day, but if Erika says the tribunal could have other matters to consider, I have no doubt that she's right!

 

Crossing my fingers for a good outcome.

Illegitimi non carborundum

 

 

 

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Hi, had you in my thoughts today! Hope everything went well and you can report back with good news!!

 

All the best.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Right guys heres what happened today,firstly when i got my letter it was for 3.30pm today,as this was when my daughter comes home from school i wrote and requested a change of time,i recieved a letter on tuesday saying my request had been refused,i also recieved another letter this morning stating the same,so off i went,my dad took half a day of work to drive me the 8miles there,i took my mum with me for support,i picked my daughter up from school an hour early,we drive there in the terrible weather(snow and ice),and when i got there i was told my appointment had been changed to 9th feb after my request.

I showed the guy both letters i had been sent,and he knew nothing about it,i was livid,i was in a terrible state with worry,hadnt slept all night hadnt eaten,really stressed out.

Then he asked me to fill out a form,to claim back petrol money,you would think i was applying for a bank loan,the size of it,for 16p a mile i told the guy not to insult me,and i left.

So guys i achived nothing today,im really angry,but i wanna thank you all for your advise and support,and i will keep you all updated.

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No! That is dreadfull! Ok, if you want a positve from this, than hopefully you can use the extra month to further prepare your appeal. For example, my local CAB has a person funded or provided by the Community Legal Service who will work through my appeal with me and represent me at the Tribunal. I just forget what they're called! Can your local CAB help in a similar manner?

Anyway hunni, big hug to you.

Take care.

Rae.

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Welfare Rights Officer?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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