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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 
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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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I have been released from the Bear Garden to come ask advise on ESA.


SOD'EM
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Just had a thought about a possible explanation for the huge increase in people found fit .

 

ATOS,report that the person is basically fit,doesn't matter how ill they are,they just report the claimant as fit.

 

They get paid for that fit claimant,but they ,ATOS ,know the claimant will appeal,and they know the appeal will be successful and the claimant will get their benefits reinstated.

 

ATOS know that the DWP will not deduct/ask for any money back ,so knowing this ,ATOS can ,if they wish , get that same claimant back to another medical within months of their last one,and again they report the same claimant fit for work,they get another payment ,claimant will appeal and will win and the DWP will again let ATOS keep monies they have or will get paid (based off of figures ATOS provide ).

 

ATOS have found a big loophole ,so they just rinse and repeat .

 

Now i don't know how ATOS get paid ,but tell me that isn't close to the truth ?

 

 

I have actually (in a round about way) stated that earlier on.

 

Basically, ATOS couldn't give A TOS!!!!

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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SOD'EM, please refrain from commiting gross acts of language slaughter. It's don't give A TOSS! :p

 

 

 

Yes Ma'am:p

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Well, doctors again and yet more tablets.

 

BP is still too high, and he is concerned that the hospital have still not give me an appointment to see the cardiologist.

 

Anyway, I now have Atenolol as well as the Losartan and the AD's.

 

Oh well. Worse things happen at sea (or so my dad keeps telling me).:confused:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Do you know, we've been talking about your heart for so long, and it's only this morning I remembered I'm still waiting for my appointment for a heart scan. Maybe I should think of chasing it up... :razz:

 

 

 

What's the point? You haven't got one:p.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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What's the point? You haven't got one:p.

 

Well, that's it really, I'm a medical marvel, so of course they want to investigate to see if they can use my miraculous status to fix the deficient ones (naming no names :razz:) :-D

 

 

 

 

I should have known better:roll:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 4 weeks later...

Well, as expected I got zero points for my assessment with ATOS. I telephoned DWP as regards to ESA and I basically had murder with them. This has really upset me. There are questions on my report that have zero points, and I wasn't even asked the questions. I went with mental health issues (because I was unaware of my physical problems at the time), but he ignored everything I brought up about them.

 

I have also told this to the DWP who gave me 2 options. Re-apply for ESA (new claim), because of my physical problems that were not recorded before (which would also mean going to ATOS again). Or I could appeal against the decision. I have decided to go for the appeal because there were no questions regarding mental problems I feel are restricting the work I can do. He has put down that I have no problems interracting with strangers and the likes, but he didn't even ask a question regarding that. I however told him about ten times that I do have problems with that. Did he listen? No. He just carried on asking pointless questions about wether I could get my coat on or not. I also told them that I couldn't understand what he was saying most of the time, and I doubt that he could understand most of what I was saying.

 

They are sending the appeal form for me to fill in and I am going to hospital today to have a 24 hour heart monitor fitted (that is after I have been for my weekly GP appointment). When will the government realise that this ATOS is just a shambles. :mad:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I'm all wired up now and feel stupid:mad:.

 

Will do as I am told though and fill in the diary I have been given to tell them any point of the day I don't feel right.:confused:

 

 

At this moment in time, that is all the time, all the day:confused:

Edited by SOD'EM

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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And thank you (one and all) for your support.

 

I beleive the appeal can last 7-9 months and I am sorry, but at this moment in time, I can't be bothered.

 

A good nights sleep (if that's possible with this thing stuck to me) may be all I need. Because I aint had a proper sleep since I first went to ATOS.

 

For the sake of my sanity and other peeps on this site. I will do my best and battle through to win. That way, I can show people that it can (and will) be done.

 

God bless you all, you are all God sends (even you atheists out there;)).

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I'm all wired up now and feel stupid:mad:.

 

 

 

What I actually meant was, I have a monitor attached to me now that has sticky things stuck all over me with wires everywhere, and it's annoying.

 

You probably know that anyway Bookster and was being psychastic:p.

 

But I am just bein a simpleton at the mo. You will have to excuse me:???:.

 

Wired_up_for_a_sleep_study_01A.jpg

 

 

 

 

Not really me, but that's what I feel like.8-)

Edited by SOD'EM

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I would give you a hug, but did you know that you have lots of wires sticking out? (nice beard BTW) :razz:

 

 

 

SOD'OFF:mad::p

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Bet you won't buy another ipod on ebay.... :p

Best wishes

Rae

 

 

 

Hmmmmmm....... I never thought about that Rae.

 

 

I wonder how much I could get for this one?

:cool::p

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 3 weeks later...

Hi folks, a quick update.

 

I have received a letter from JSP which reads:-

 

Dear SOD'EM

About your appeal

 

I am writing about your letter dated (**-**-2010), appealing against a decision on your ESA.

 

We will look at the decision that you have appealed against and, if appropriate, we will revise the decision in your favour. In this case your appeal will lapse and will not be sent to the Tribunal Service. You can appeal against the new/revised decision if you think it is still wrong.

 

If we cannot revise the decision in your favour we will send your appeal letter and papers, giving our reasons and evidence for the decision, to the tribunals service. We will send you a copy of these papers.

 

Yours Sincerely

 

blah, blah, blah.

 

 

Now I class myself as having a reasonable amount of educational skills, but I can't figure out what they are actually saying. The way they have worded the letter means that it can be taken in 2 ways.

 

1. OK, you are now in the appeal process.

2. SOD'OFF SOD'EM:confused:

 

You decide

 

Thanks peeps, feedback muchly appreciated.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I also received a letter before I appealed stating that I am no longer entitled to ESA (hence the appeal). My usual money however went into my bank on the correct day. I am presuming that they have accepted my appeal and will pay me at the lower rate until the matter gets resolved. I will know on Monday if I get paid again. In the meantime, I will continue to provide Medical Certificates.

 

I just find it hard to understand their latest letter.:confused:

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 1 month later...

Hi all, a long time no speak but I feel it is now time to worry.

 

Had to have a go on the treadmill at the hospital today but that is nothing to do with my appeal.

I have had a letter from the tribunal service to have my case reviewed by an independant panel.

Prior to this (after submitting an appeal) I had been awarded 6 points after getting an initial 0 by

ATOS. Apparently, my appeal will probably not be heard before the 1st December. I went to

my GP's for a routine appointment last Monday and because the appointment was so late in the

day, I broke down in the doctors room. My blood pressure was sky high again and he has upped

my medication again. I have had to insist on day appointments only in future until I am back to normal.

 

The DWP make it look as if you don't want to work or get better and just try to batter you into submission.

I have a short while to gather evidence for my case, but other than a detailed letter supplied by my GP, I can't

really think of anything else that would help. I may feel great by the time I have to face the panel, but as things

are gradually getting worse for me at the moment, I very much doubt it. I would appreciate if anyone could give

me some more support to help my case. If I feel the same as I do now, then if they say I am no longer entitled

to ESA, then I know for a fact I would not be able to go back to JSA. I just couldn't face the ridicule they put

you through every week. I would then have to rely on my father to keep me and he is disabled himself. Chances

are I will just rot away just like the DWP want you to do. That would save them a few shilling.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I forgot to say. While I was on the treadmill, they had to stop the test half way through as my BP went to 215 over 140. They then would not let me go home for 2 hours until my BP went back to some sort of normal. My appeal for ESA is nothing to do with my heart problems. I don't even want to go there with that as they would make me go through the whole thing again and apply for ESA again. That would mean being sent back to ATOS again. What fun that would be.

 

ATOS are a bunch of:llama:'s (I couldn't find an ass)

 

 

And they make you feel like you're :deadhorse:.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 4 months later...

Well would you Adam and Eve it???????

 

Went to ATOS last year (got 0 points), so was told not entitled to ESA.

Put in appeal ( was then awarded 6 points, which is far from enough).

Appealed again and was sent a letter saying I would have to attend a tribunal in my area, but could wait 9 months.

Got allsorts of evidence from my GP, psychiatrist and inclusion matters (Mental Health Group who are helping me with Cognitive Behavioral Therapy) ready to take with me to the tribunal.

I was still waiting (worried sick about it to be honest) for a date of the tribunal as the 9 months was up.

Received a letter yesterday from DWP stating:-

 

Dear SOD'EM,

Due to a recent change in your circumstances your ESA is as follows. From 20th June 2010 your ESA will be £91.00 per week (I have only been getting £65 per week up till now), blah blah blah blah blah. We will be depositing £804 into your bank account as arrears (WOOOOOHOOOOOOOO).

 

Obviously the letter was alot longer than that (about 10 pages to be precise, just to tell me the above).

 

Checked bank, and there it was. I haven't even attended the tribunal???????????

 

I will receive an extra £25 per week from now on as well.

 

Has anyone known that to happen before? I'm not complaining anyway, and with a bit of luck I will be able to get

back to the jobhunting soon. As long as the course I am on works.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 7 months later...

I don't beleive it. I am in the middle of a CBT course and am still being seen by my psychiatrist, but I have just received a letter from ATOS saying I have

to go next week and have another Medical Assessment. I know I won't get any points again and will have to appeal and go through the ridiculous charade

like I went through last time. Why won't the Government listen to people with Mental Health issues. I am also still on 4 different kinds of medication for my

blood pressure and my anxiety and hypertension.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Thanks HB and BB. It's nice to know there are some decent people that don't automatically judge and think you are just trying to get out of work. I have recently

moved home and live alone now (which hasn't helped me at all). I have now got to go through the rigmarole of changing Benefits Offices as well.

 

I phoned them this morning and done a change of address. I then asked if that will affect my benefits early next week and she said it probably will. I will be under

a different officeto deal with my claim. I am due to renew my medical certificate on Friday as well, and I asked if I needed to send it to the same address I have

sent to previously. She then told me that I am exempt from sending in certificates as I am on a certain type of ESA, that enables me to slowly get myself back

to normal and hopefully confident enough to go back to work. They could have told me that last year before I have sent them all these doctors certificates.:|

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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  • 4 weeks later...

Well would you Adam and Eve it??????? I received a letter from DWP this morning regarding my recent medical Assessment with ATOS.

 

Although they have not told me how many points were awarded, they have decided that I have limited cxapabilities for work and they have decided to put me in the support group category. This means I no longer need medical certificates, and I don't need to do anything I don't want to or can't do (this means things like going to Jobcentre all the time to be ridiculed and looked down upon). This will be the case for another 12 months. I think they are also giving me a few extra pennies (although that was not really a priority).

 

I went to the medical all wound up and about to give them a piece of my mind, but that plan went pear shaped. As soon as I sat in the chair in the examiners room, I just broke down like a big baby (I guess I got myself a bit too wound up). The lady was quite nice actually and she made sure I wasn't in there for any longer than necessary (about 5-10 minutes to be precise). She told me that she doesn't think at this time I am capable to do anything without having major problems. I would probably be dead now if it wasn't for contact with people using the internet, so thank God for CAG.

 

That altogether was a really pleasant surprise, and with a year before the next review I think I will be able to concentrate solely on my recovery now.

 

Thanks all for your kind words and thoughts, and also your help.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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They have not backdated it Nystagmite, I don't think there are any signs that they will either. They say I am entitled to it 3 days after the date of my medical exam. I wish they would backdate it, as that would come in really handy just now. I'm not that bothered really, I'm just glad they have given me a break for a while to get myself sorted. Between the GP's, the Hospital, my councellor from Inclusion Matters and other stuff, it would have been much much easier to be on JSA.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Thanks all.

 

They are paying me from 3 days after the assessment that I had last week. I have been on ESA (Work Related Activity Group) for over a year now.

The last assessment shows that I should be in the Support Group which pays slightly more.

I am not sure wether that extra will be backdated to when I first went on ESA last year. I am also not bothered if they don't. To get listened to finally was worse than any job I have ever had (and there has been a lot of them since even before I left school).

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I would be livid. I thought I was treated unfairly (and there are people treated worse than you and I). It's amazing how some people that think we are trying to play the system for money for doing nothing. Yet trying to get any sort of help you deserve is much harder than any full time job I have ever had. Only a fool would try and beat an unbeatable sytem. It may have been easy some time back, but certainly not now.

 

I hope they backdate your claim and you can have a break from it all.

Edited by SOD'EM
Typo

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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