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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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ESA descriptor in plan english


karen68
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Hi all.

 

I'm in the process of putting together a case for the tribunal. My son's case was turned down over a year ago now and we've had this hanging over us since then.

 

Looking back over the so called 'medical' my son put on a brave face and answered the questions asked.

 

0 points award once we received the desission. It was only then that we realised how the answers he had given had been used to assume so much more.

 

This time we are going to be prepared. I have downloaded honeybee's draft letter, son's off to theripist for a letter and we have a letter of diagnosis from his phychaitrist.

 

Tomorow we sit down and rip apart the descriptors, not such an easy task as the wording is very confussing. Can anyone help with a plain english translation? especially 16. Initiating and sustaining personal action??????

 

Any help or suggestions would be much appriciated.

 

Thanx Karen

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[quote=karen68;3399074

Tomorow we sit down and rip apart the descriptors, not such an easy task as the wording is very confussing. Can anyone help with a plain english translation? especially 16. Initiating and sustaining personal action??????

 

Any help or suggestions would be much appriciated.

 

Thanx Karen

 

Hi Karen, this descriptor is about ability to do a task, start a task or keep doing a task with or without prompting from someone else and how much prompting is required.

 

So for an example, getting dressed. Does the person get dressed at all without someone prompting - do they even plan to get dressed if no one encourages them. Do they just need some encouragement to get dressed, or do they need frequent prompting throughout the task, or continual prompting, or do they basically need someone to dress them.

 

I believe its about tasks of daily living like washing, dressing, eating, cooking etc, not about whether the person can plan and carry out something complex. You also would need to explain what cognitive or mood disorder causes difficulties in this area - for instance learning difficulties, depression, even adhd.

 

Hope that helps. Others may have more to add, I had to be quick F1 just about to start.

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Lee - using your example of getting dressed, is it just take nightwear off and put clothes on? or would it be picking out suitable clothing too? (clean, matching, suitable for the weather, etc)

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Planning is also included in that, so yes, but only if the inability or need of prompting or help is due to cognitive or mood issues - not due to physical issues.

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Thank you for explaining this for me. In my sons case he is seriously depressed and suffers with severe anxiety. He requires constant 'nagging' from me to do simple tasks such as dressing, as left to his own devises he coulnd't be 'bothered'. As he is very socially withdrawn and does not go out, it would normal for him to go days without be bothered to get dressed as there is no point.

 

We have spent the afternoon going through the medical asssesment and try to counter argue the atos views. Not so simple when the assesment was over a year ago. some of the observations seem to be made by asumption as we can not remember being asked specific questions regarding the desciptor.

Do we need to discredit their view or is it sufficient to give a reason and example why we thing his conditon does apply to the descriptor?

 

Once we have typed up his letter I will post it on here and would be greatful for anyone to give their views on it.

 

Thanks again for you input

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