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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
      • 161 replies
    • 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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im really confued as i didnt attend the medical but sent off a form explaining why , i then recieved a letter back saying :"we have looked at your reasons for not attending a decision maker says you are capable of work from the 15.04.2010 " (this box was ticked)

then underneath is says "this means we have decided that you are no longer entilted to which were :

 

Box One : Incapacity Benefit And National Insurance Credits

Box Two : Severe Disablement Allowance

Box Three : National Insurance Credits

The Box They Ticked For Me Were Just

:

The 3rd One "National Insurance Credits"

This is the only box ticked so i dont understand am i losing my incapacity and servere disability allowance

cos it says first "u are capable of work from the 24.04.2010

but then says this means we have decided that you are no longer entitled to national insurance credits !

 

Im confused as i claim incapacity and servere but these boxes werent ticked

so what do they mean im no longer entitled to national credits ?

im worried if they mean that ill no longer get any benefits

anyone plz help me thanks in advance

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hi

i dont leave the house , my doctor has me down as agrophobic , i lost a partner due to a motorcycle accident and its sparked off many things im just paranoid 24/7 that ill lose someone else and the outside world isnt what i must have thought it was ,i couldnt go to a medical (i never have) the journey would be a nightmare , and i dont talk properly i get panic attacks and i look and act pathetic , inside im telling myself "u look stupid pull yourself together etc" but it doesnt work i work myself into a frenzy ,

 

so is it defiantly that they have stopped all benefits ?

why didnt they tick the incapacity benefit box ?

why did they just tick the box that says "You are no longer entitled to National insurance credits"

 

its confusing

thanks

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ive just rang them now and they said they werent happy with my "excuse" for not attending the medical and have stopped my claim , they gave me a new number to make a claim , but they said they cannot as my claim is still on there system as live ,

so i went back through to incapacity benefit and they are sending me the appeals letter , the income support section said that they cannot make a payment (lower income support until decision has been made) until they see the appeals parton the system

im agraphobic ive told them that my doctor said for them to get in touch with him if they need to i dont know what else to do :(

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hi

thank you for your reply , its nice to hear that others actually know what i am on about , i managed to get to my doctors once and there was a stand in doctor because my doctor was ill , i got myself in such a panic she took my blood pressure (which had rocketed) kept on at me about how worried she was that it was so high , i lost it and shouted "i need to get out of here , the reason my blood pressure is high because look at my notes ,they are right there on your screen !!"

my heart was thumping , i couldnt breathe and said some rather nasty words to her (of which i am so ashamed of because she clearly did not deserve such treatment from myself) and i walked out sobbing ,

 

im ok in my own routine , i even will go to my adoptive mothers house (a few doors away) now and again , or sometimes walk on the field with my dog but thats it ,

but when its an appointment and i "have" to be there i feel control has gone , i feel safe in my enviroment and that is my house ,

i hope this gets sorted out

and thank you ever so much for your reply

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when they sent me an appointment out i rang them and said about my condition etc and got told "sorry we do not do home visits anymore you will have to make an appointment or your benefits will stop" so i made one and asked my GP what to do and he told me to tell them to contact them if they needed to , they wouldnt have none of it on the phone they just kept on saying i HAD to make an appointment , they make me feel like some silly 18yr old , im 33 yrs old and like the person who replied said "its not something someone wants to be tagged as"

my money is due this week i asked what should i do and they said they cant do nothing until the appeal form has been sent in , and then i have to do a new claim ,

im sitting with my laptop with this appeal form i downloaded from the jobcenter internet site and i dont know what to say to them ,

im so confused ,

and thank you all for being so kind and taking time out to reply , you dont understand how much it means to people who need your help THANK YOU

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a huge THANK YOU to everyone who has replied , you all have made me feel a lot better as i dont have any family and because of the way i live my life , i have very few friends , ive felt completly alone and didnt want to discuss it with the friends i do have as i dont like to bring anyone down with my problems ,

i didnt wait for them to send me the leaflet GL24 i downloaded it printed it off and sent it yesterday ,hopefully they will have it today , i put down asking if they would look at there decision again and said i was sorry and that maybe i didnt explain my reasons fully to them and then wrote out as much info as possible as to why i didnt attend , i also pointed out to them that when i know ive panicked before ive left the house , i know not to go further with any plans on that specific day and thats not on a whim i make that decision i make the decision i feel is best at that time , and also it would not be fair on there staff to have to deal with me in such a way as i tend to come across as aggressive and that i am ashamful of etc etc

 

i hope it doesnt go to the appeal im praying they will change there decision ,if they dont ill go straight to the appeal

 

i feel for others going through all this , as someone has pointed out we dont want to be like this , id love to go out and be "normal" .

 

THANK YOU all x

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  • 1 month later...

hi

thanks to all who have replied and Bribones it was very sweet and thoughtful of you to reply it means a lot , they made me do a "new claim" this time a "ESA" claim and asked me to fill it out a small form (thought it would have been those huge ones) and also insisted i get a medical certificate from my doctor which they wanted it backdated to 8 weeks (2 months !) luckily i had made an appointment with my GP as with my DR he is usually fully booked for 6 weeks , Doctors appointment nightmare as usual ,

So after i sent that in to the ESA (they told me nothing would be paid until i sent it in) i almost lost my house i was given a reposession order and if it had not been for my granmother who loaned me money i wouldnt have my house and there is still no guarantee as they have put a "hold" on the court case for respossesion order they want to monitor my payments (im a council tennant)

And after 6 weeks with no money and 2 crisis loans later they awarded me the new claim for ESA and i had a cheque for £732 backdated money ,im on a reduced rate i get £30 a week less as for my old claim i have put an appeal in but im unsure wether that will now make a difference as they have me on this new ESA one now , do they put you back on your old claim if your appeal is succesfull ? if anyone knows ,

What is strange to me is on the sheet "How your money is worked out" it says im getting "Severe Disablement allowance" which i had before ,

now if they give me this but then say "fill out this form for us to determine if you are sick or not" they contradict themselves and confuse the heck out of me !

They,ve sent me the huge form to fill in to determine if im fit for work or not and also im on a "13 week assessment phase" it said on the notes about claiming ESA that after the 8th week ill have an initial work focused interview with my persoanl advisor (whoever that is) (dont these people think at all , if i was able to go to meetings with this personal advisor id defo without questions go out and have my old normal life again and i wouldnt have a need to make the claim in the 1st place !

Im worried about filling out this form incase i dont put things right as im told if you dont put your illness in the way "they want it to be" it makes things worse

today would have been my partners birthday and i hate this time of year as the anniversary of his death is the beginning of next month ,its how all this started its 7 years because he died in a car accident it affects me daily ,if anyone i love goes in the car somewhere i get into the worse state possible thinking and even waiting for the dreaded knock on the door to say ive lost them and ive got to fill out that form and say everything about this over again :(

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on one of my medicals they had asked my doctor how im affected by my disability or mental health in day to day things , they said he did not say enough to back me up and which i wrote back to them saying "if every single patient were to go into there doctors and tell them about there day he wouldnt be able to see 10% of patients , the doctors are limited to each patient as my doctor said he see,s 50 patients a day !!

so the benefits asking our doctors about how we are day to day is absolutly stupid , and you are so right in one way or other they look for anything to disallow our claim and thats most prob the reason for putting in stupid questions ,its nearly as bad as half way through the claim form they ask "are you registered blind" !! its disgusting

thanks again for your help

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  • 2 weeks later...

They told me that because my claim had been stopped and that i would not get any money while the appeal was going on,and was told to claim esa otherwise id have nothing,i personally think that its there way of getting me on esa as they want everyone off IB ! , i find it weird that although ive given them my bank details they are stil sending me a "Giro" every fortnight and my 3 month sick note runs out on the 15th they havent sent a reminder letter , and they want that huge form filled in by the 28th july ! ,ive not heard nothing at all about my appeal ,il ring them later on to see whats happening, thanks all

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Had a letter back from the DWP telling me "No Change" in there decision and that its going to a tribunal , they told me they didnt think my reasons were good enough (i put down as much as i could about why i didnt attend "panic attacks" etc) they even had the cheek to put "this person ACCEPTED the appointment for the medical " more like i was told "NO home visit and if i didnt accept the appointment they would stop my money"

and it says there isnt enough evidence supporting my panic attacks etc !!

i dont know where i am with them i really dont

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Hi All Again ,

i Asked The DWP To look at there decision at stopping my claim and they said they will not change it , sent me loads of pages of all my claims etc (doesnt really make sense) ,

What i wanted to know is because they made me do a new claim ESA , and i had to give them a medical certificate and it was for 3 months ,

 

Its due to run out on the 15th july but they havent sent me any reminders , havent said they need another one ,

 

Do they normally send you reminder letters as im not sure now if i need to send another in or not , its really hard to get an appointment with my DR as he is always fully booked

any help gladly appreciated

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hi

Thanks all ,

my doctors surgery i know if i ring up at 8.30am i can get the same day appointment luckily my money isnt due till the 22nd july so hopefully they will get it in time , i have a family member who goes to tescos and copies my medical certificate incase they do the "we have not recieved it" which happened to me in the past and my doctor told me to do a copy ,

 

i had a letter off them this morning saying that they are awaiting my "ESA50" form they told me they wanted it back on the 28th july , so ive made sure ive taken my time in answering every question right (before i never used to put everything down)

 

its funny there quick enough to write a reminder for the form to be filled in yet a reminder for a medical certificate they dont do ,

 

i know they used to send a reminder , i just wasnt sure if they did anymore ,

 

i still find it strange how they are still paying me by "Giro Cheque" even though ive supplied my bank details to them ,

anyone else had this ?

 

Thanks again i really do appreciate the time people give :)

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  • 1 month later...

i resheduled a medical with atos cos of the state of my mind , my next one is tomorrow but ive had so much bad things going on that i really cant go , its mostly down to fear as im agrophobic i aint slept properly in days because its all i can think of , my heart is beating and im getting all worked up the fear is so stupid i feel really angry with myself thinking why cant i just go like everyone else

i really dont know what to do , and as i got an appeal going on because they stopped my incapacity benefit and they,ve put me on ESA and the medical is because ive been on it for 13weeks (will my appeal be successful if im now on esa cos i thought i was appealing to be put back on the money i was having wont it just confuse matters ?

i was hoping news of the appeal would have come through and i wouldnt have to go to the medical

ive tried so many times to tell them "Im agrophobic its on my medical records" but it falls on deaf ears

if any one can help much appreciated

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Hi thanks all

i appreciate all of you for taking the time and effort , i rang to try and cancel and the person said that they were not able to do it on there pc he said he would make a note on his computer and they will send a form asking why i didnt attend

but im so scared to do that just incase my money gets stopped ,

ive tried saying to them that im agraphobic but they just tell me on the phone that if i dont make an appointment my money will stop and they cant do a home visit :(

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i Ended up without any sleep at all last night but i so wanted to make this a day that i could home and say "yes i done it" well i went , the drive up i layed down with a pillow in the back (as my partner died in accident dont like in the car) when we got there my partner went in and said i was there , by this time i was already panicking , as soon as i seen that the medical center was in the middle of the town !! that was it as i was getting out of the car (for people who have what i have u know the feeling) that creeping dizziness and feeling sick (anxiety at its worst) ,

well to cut it short as soon as i seen the office and i could see there were 2 people there i just stood my the doorway (i had a baseball cap on to avoid me getting further paranoya), we were only there 5mins and my temper started to go (its like another person inside of you rears its ugly head and the other half of me gets angry cos of the feeling of powerless i have over it),and its funny because you hope there wont be any "scenes or drama" yet in the end its you that creates them !!

Im so embarrassed

The ladies at the desk come over (by this time my husband said i was picking at the wall cos i felt i was losing it the panic attack getting stronger and me being weaker) i was now in the hallway and my husband said hed never seen 2 women panic like they did cos they went to come over to comfort me and i firmly started saying to my husband "IM GOING HOME NOW"

i feel so awful cos these 2 ladies were lovelly and there i go freaking them out ,

One of the ladies told my husband "look you take her home ill put on the system that she have a home visit"

now in all fairness i would NEVER have said that would have happened , i really thought well my money defo stopped ,

i cried all the way home because i wanted to be travelling home with that warm feeling as in proud cos yes i had done something i said i couldnt and i failed :(

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  • 3 weeks later...

ive got my new appointment and its tomorrow although worried but i intend on seeing my doctor for strong anti anxiety pills before i go , im so determined to do it , ive had a LOT of grief and im losing more people through the way i am and i cant take it anymore and i just dont have the fight in me to do the home visit thing

i fully intend (i pray i do go through with it) im going to wait in my car and NOT in the doorway and have my partner go inside and he can let me know when im being called cos i am NOT waiting in there for my anxiety to sky rocket , if i make it in the doctors room my husband will be asking if he specialises in mental health and anxiety etc (been told to ask) and also if they wouldnt mind if i taped the conversation and as my husband said he will say it like this :

 

"is it ok to tape the conversation as i was advised to ask as there have been many complaints about things being put differently and i dont want my partner to go through all this agian etc"

 

in other words dont even think about doing it , and i hope the report is fair

 

a HUGE thank you EVERYONE u guys on here are such an asset to have in anyones life

THANK YOU

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well im so happy to say i did it :)

well half of it .......the ladies on the front desk were extremly helpful (id written a note to them and sent it to the office after my last visit to apoligise about my behavoir)

They let my hubby wait in the waiting room he then came and got me out of the car and i went straight into see the doctor (she also told my husband before he got me "ive managed to get her to see the other doctor" whatever that meant)but as my husband said "she made sure u seen a tidy doctor" and he was lovelly , i did all these exercises (in my mind) of putting focus on other things to stop me from putting emphasis on my anxiety plus i had a new anxiety pills off my doctor to go as he was more than willing to do a note to request a home visit but it was something i wanted to do ,

and i was ok (still had heart pounding etc) but half way through i looked at my husband and he knew i jumped up and said "i HAVE to go" he didnt make no fuss (hes hardly asked anything)

in fact he went straight to the door and said to my husband "she wants to go does she dont worry its ok" (i think the receptionsits and my behavoir last time they must have discussed my last visit because you could swear this old man (doctor) was scared of me (which i was and am upset at because im ashamed of my behavoir last time)

still though i dont know wether they will fail me for not sitting through it all (my hubby taped it on his mobile phone just to see if the doctor did say anything different as ive read a lot of posts saying they do)

how long does it take to find out if you have passed or failed ?

and again thanks everyone you have been great

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hi

sorry everyone another problem with esa !!

my husband and i havent lived together in 2 years even though hes here daily , we were and are not a couple , we get on great and know each other well , so after we had a talk we realised it was better if he moved in ,

so i told HB and the DWP (hes been on incapacity for many ,many years) well i recieved a letter saying "esa has suspended due to a change in your circumstances please fill in the form etc etc"

which i did ,

then a letter off the HB saying they were no longer paying rent because of " change in your circumstances please fill in the form etc etc" i filled them in

on the day of my medical (while those who have heard what it is like) i was kept on the phone for over an hour (making me late for my medical) i told her i had a medical and was already stressed out , this was for a crisis loan because my money was due that day and they said they couldnt pay me till they,d had the forms etc

Now on the phone this lady was awful after i said i was down as agraphobic she said "well because you have had a crisis loan twice already in the last year you might need to go to your local office for an interview" i said "the only reason i have had to have one is because the DWP keep stopping my money on the due date"

i also said to her straight "why did you just say that AFTER me saying i was "Agrophobic" she went on to ridicule me more by saying "do you have any other means of money" !!!! i told her "if i did i would,nt be on the phone with you" !!

in the end (and through tears) i put the phone down on her

she rang back saying "we were cut off sorry" and then was a bit more polite

 

well anyway she kept on saying that i HAD to claim for my husband and i dont want to , she told me i dont have a choice

is she right do i have to now claim for my husband ? because hes moved in ? i wish they would hurry and sort it out and pay me the monies due to me

any help gladly appreciated

thanks again

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hi doktorjohn ,

thanks anyway

have you asked on the forums to see if anyone is able to help you with your own situation , maybe i could help

we,ve all been through a LOT with the benefit system , so someone is bound to have gone through similair

:|

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i just rang the DWP and asked about what was happening with my money because i havent had any payment since the 2nd September because i told them my husband moved in ,they stopped my esa and sent me in forms to fill out , then my medical was on the 16th which i was happy that i went , but when ringing the DWP earlier they said that ATOS has said "incomplete work capability assesment" i said that i was there 10-15mins and that i suffer with agrophobia and that the doctor said it was ok to leave ,

but the woman on the phone said that a form was on its way to me to fill out the reasons why i left the appointment and said to write a letter stating why i left early , she had me confused so i rang again and spoke to someone different and he said that the decision maker has said about a home visit , but the woman before i spoke to said the decision maker wanted it in writing why i left the work capability assessment early ? !,

and when i said i hadnt had any money what was i supposed to do because by the time i get the letter and send off whatever they want me to it would take even more time ,

 

he said apply for a crisis loan but the hassle i had last time i had to apply for one on the day of my medical she kept me on the phone for an hour and was rude , i said i had a medical and she didnt care , she said "because u have had 3 crisis loans this year you,ll have to attend an appointment in the jobcenter , by this time my temper had gone (was already crying) i shouted "didnt i just tell you im agraphobic and im trying everything in my power to go to my medical" to which she answered "you do know u can have a home visit" so i said to her "this is something i want to do because im trying to help myself" and i put the phone down on her , she rang back and said "oh its ok just send someone down"

i cant believe ive got to ask for another crisis loan and there guaranteed to try everything not to give it , its not my fault the DWP arent paying me and i dont have any money coming in

 

im so worried because the council already have a "possesion order on my house" because i fell late with payments the last time they stopped my esa im so worried im going to lose my house ,

any advice gladly appreciated ,

 

i taped the medical i dont know wether to say to them that i did and that there was no mention of the doctor saying that he would have to put "incomplete" he just seen the state i was in after 10-15mins and when i said "i want to go" he got up and walked to the door BEFORE i even did ! and opened the door and said to my husband "she wants to go does she ok no problem" and that was it ,

im so down because the thought of everything i went through that day and was happy i did it and it has resulted in nothing ,

and i dont understand why the DWP is using this medical now as an excuse not to pay me when it originally was the fact that my husband moved in and i had to fill in forms etc ,

its as if they were waiting for the medical results thinking "she,ll fail"

i really dont know what to do

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Rang The DWP after still no payment , (after me telling them my husband had moved in and i filled in a "change of circumstances form" ) i hadnt had any money since the 2nd september but they gave me a crisis loan surely they would have known that my husband being on incapacity would make me entitled to nothing , they wouldnt have given me one ?

 

They said that because my husband has £106 incapacity im entitled to nil and its taken them 3 weeks to say this to me because everytime i rang up asking when i would recieve payment they were once saying it was cos of the medical and then because of the form i had to fill in ,

i asked if that was the case why are they asking me for a home visit for a medical , he said to pay stamp for me

is this right

his words were "you were on income related esa and your partner has £106 incapacity benefit so you are entitled to nil"

im so in debt i dont know where to start , my husband is talking about moving out !

if anyone can help

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