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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.

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      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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im so worried that my hearing will be unsuccessful because i do not have a representitive , i read somewhere that if you did not have one your case is likely to be turned down :-(

 

Hello there.

 

I don't think that's necessarily true. People with reps might have a better success rate, but I went there with my OH who wrote the submission document the sticky template is based on. He wasn't allowed to say anything, I answered the questions.

 

But we put the document in before the hearing so that the panel had something to consider. I don't think it's too late for you to do this.

 

HB

Illegitimi non carborundum

 

 

 

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im so worried that my hearing will be unsuccessful because i do not have a representitive , i read somewhere that if you did not have one your case is likely to be turned down :-(

 

It's not really about having a rep with you, it's about the prep work that a rep would do for you, and the submission they would make arguing your case. These can be done, without a rep.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Crikey, don't worry about not having a representative. Some might be good but some are absolutely useless. Yep, I had one of the latter! You don't need one and you certainly will never be penalised for not having one.

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Yes, reps do very little at the Tribunal itself, the work is done in advance. Occasionally if a client hadn't got across all the info they needed to, or I felt something needed to be clarified, I'd do a few clarification questions to them at the end, but mostly everything is in the submission, and as long as what the person says is consistent with the submission, the ESA50, and the health professional evidence, then things usually go pretty well. Problems arise when the appellant starts contradicting what they've said previously, or seems inconsitent, and this is the biggest cause of failed appeals I've seen, where otherwise it would have been awarded, and there is nothing a rep can do to prevent this - for instance, if you've said you can't walk more than 50 metres and then say you do your shopping yourself in asda, or go on holiday abroad regularly, but don't need to use a wheelchair, then it's pretty obvious to a Tribunal you're not being truthful.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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What annoyed me is since they wanted me to go to a medical in july 2012 they hadnt sent me a ESA50 form to fill out , which i thought was weird because i always thought you get sent one months before your medical but i never , and when i rang the dwp up and asked why i was not sent one , they blamed it on atos and that was that , my dla was automatically renewed without a need for a medical just before all this happened

thanks again all for your help

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sorry to be a pain but because i cannot go to the tribunal is it less likely to go in my favour ?

 

If you ask for a paper hearing, yes, less likely to be successful. If you can swing a hearing at your home, then it should be the same chance as attending at the original venue.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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  • 3 weeks later...

Hi

my tribunal is on monday ,its for not attending a medical cos my carer,s son jammed his fingers in the car door she is the only one i can travel with , as i cant attend the tribunal it as its too far away so i sent in a letter saying that and also supporting evidence :

 

1: Orange Mobile Itemised Billing (i had it printed off the whole bill) : Proving phone calls were made to atos the first phone was to say couldnt make it and then they give another number to arrange another appointment which that number was rung 3 times and requested a call back each time ...never got back

 

2: a Letter Off My Doctor (he thought i wanted the letter to say i couldnt attend a medical and that i should have a home visit , it states on the letteri im aggraphobic , anxiety etc

 

3: A Covering Letter : i just stated that it was out of my hands that i could not help it that my carers son needed emergency treatment and that we did the appropriate things like notify Atos , and that she is the only one i travel with

 

Do You think that will be enough im so worried :-(

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  • 2 weeks later...

i have been awaiting a letter to say how my hearing went after a week i rang just now and was told it didnt go ahead because of the distance as it was 127 miles from my home , now i already said to them to go ahead with a paper hearing but was just told "we tried to get in contact with you as they realised there was a place closer to your home we tried directory inquiries to get a number for you but its not listed" !!

i asked why wasnt a letter sent out to tell me this and she said a letter was sent out on the 8th (my hearing was the 4th !)

 

plus ALL the supporting evidence i sent in doctors letter , itemised billing etc has "Not" shown up (such a shock)..not

 

i asked what would happen now she said that i would have to await a new appointment and send in evidence again im so angry

is there anyone i can complain to ? and also i was told before a few times that evidence i sent in hadnt turned up but then spoke to someone different and they said it had

 

i dont know what to do :-(

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Did you send the evidence recorded? Do you have proof it arrived there? I highly recommend that you do in future, so you have evidence that a) you posted it and more importantly b) they received it.

 

Hopefully you won't have too long to wait for a new date local to you

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What exactly are you complaining about? What is the desired outcome of that complaint? As far as I can see you cannot change anything, what's done is done. The Tribunal is still to come and no decision has been made to complain about. I would save your energy personally, annoying how this must be. I think the CAB are innundated helping people complain about actual life changing decisions rather than lost post or a decision to hold a Tribunal locally so that you can attend even though you were not bothered about attending that's the trouble.

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Hello there. I have to agree with abc, I'm afraid, choose your battles.

 

At the end of the day, they may have done you a favour if you're able to attend at the new venue. Figures have been published saying that appellants who attend in person have a better win rate. And as I've said before, a tribunal chairman told my OH that it was much better for me to attend personally. It worked for me. :)

 

My best, HB

Illegitimi non carborundum

 

 

 

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my complaint is that they cancelled it and wasted time when the upcoming new appointment could be for someone else to have there hearing earlier

 

if there had been enough evidence to allow your appeal, they would have

 

the fact that they have decided to rearrange it so you can attend indicates that they require more information from you, so are giving you chance to provide it

 

would you rather they had just rejected your appeal

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I totally agree they messed you around big time. And it is very frustrating. Jobcenter Plus do it to me on a regular basis.

But don't annoy the people who might ultimately help you. If the decision goes against you or it becomes apparent they are messing you around deliberately, then definitely complain if you think that will get you what you want or it might help others.

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  • 2 months later...

Hi All

 

my tribunal letter came today it says :

 

FIRST-TIER TRIBUNAL

SOCIAL ENTITLEMENT CHAMBER

 

Held At ......

Before JUDGE ...........

 

Decision Notice

 

1 : The Appeal Is Allowed

2: The Decision Made On 14/9/2012 Is Set Aside

3:The Tribunal is satisfied that .............has shown good cause for failure to attend

 

 

 

Questions i have is :

What do they mean that the decion is set aside on the 14/9/2012 ?

 

and what does "First Tier" mean ?

 

will my money be backdated ? because it doesnt say anything on the letter ?

can the DWP get out of not paying me ? like making me attend any medical before giving out payment ?

and if they do backdate how long does it take ?

 

any advice appreciated

thank you

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Questions i have is :

 

  1. What do they mean that the decion is set aside on the 14/9/2012 ?
  2. what does "First Tier" mean ?
  3. will my money be backdated ?
  4. because it doesnt say anything on the letter ?
  5. can the DWP get out of not paying me ?
  6. like making me attend any medical before giving out payment ?
  7. and if they do backdate how long does it take ?

 

 

  1. The tribunal is stating that the DWP decision which was made on 14/09/12 is being overturned
  2. There are 2 different levels of appeal tribunal that deal with social security. When you appeal against a DWP decision, the appeal is heard by a first tier tribunal. If you appeal against a first tier tribunal is goes to the next stage which is an upper tribunal.
  3. Without knowing what your appeal was about, I am not sure
  4. Without knowing what your appeal was about, I am not sure
  5. Without knowing what your appeal was about, I am not sure
  6. Without knowing what your appeal was about, I am not sure
  7. How long is a piece of string, it will depend upon your appeal and whether further information is required

Edited by id6052

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