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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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walking and dla


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hi all you been very helpful to me in tha past still waiting on the chaiman to see if we can appeal to the ut now have a question if you are able to walk 50metres accompanied without stopping but walks with a stick and wears a corset to help him are u entiltled to the mobilty on dla this is for a friend thank u

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No, you wouldn't as this demonstrates that he can walk. You would be better saying he can't use a walking stick because it hurts his hands/arm/shoulders etc. You needs to show that he is virtually unable to walk. Only able to walk a few meters on his own then having to stop for a few minutes if he is in too much pain or if he needs to sit down before he could continue to walk.

Hope this helps

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No, you wouldn't as this demonstrates that he can walk. You would be better saying he can't use a walking stick because it hurts his hands/arm/shoulders etc. You needs to show that he is virtually unable to walk. Only able to walk a few meters on his own then having to stop for a few minutes if he is in too much pain or if he needs to sit down before he could continue to walk.

Hope this helps

 

 

This forum is not here to advise people to commit fraud. Clearly the person is able to walk 50 metres with a walking stick, so why are you advising them to lie and say that they cannot do that?

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No, you wouldn't as this demonstrates that he can walk. You would be better saying he can't use a walking stick because it hurts his hands/arm/shoulders etc. You needs to show that he is virtually unable to walk. Only able to walk a few meters on his own then having to stop for a few minutes if he is in too much pain or if he needs to sit down before he could continue to walk.

Hope this helps

 

Agree with Dennis - what you are advocating is fraud and is unacceptable. Jon has already stated what his friend is capable of.

 

Jon, what is your friend's walking speed and is 50metres the maximum they can walk. Also do they have support from the other person as well as the stick, or does the person just accompany them?

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he is in constant pain attens pain clinic he has promlems going out alone he walks with a limp has to stop but when he went to the clinic last week he had a letter from the pain clinic that he can walk 50 mtrs but no mention of meds he is on only that he has a stick i think he needs to go back to the clinic and explain and get the letter changed he is on pain patch loads of meds he can get confused sometimes as well due to med s he is always very tired they knock him out the meds

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The actual crireria is how far you can walk before you start to feel discomfort and pain, you may well be able to walk 2 miles but after 10m you suffer discomfort, therefore the distance capable is 10m. One needs to consider if the underlying condition is also variable and if so it is based around your worst day.Nobody should be disingenious about their disability, however IF someone is found guilty of benefit fraud then they suffer the consequences. One mans freedom fighter is another mans terrorist !

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The trouble with DLA is doesn't take into account variable, you can or you can't

Say a people couldn't cook/ feed their selves 2 day a week, but can the other 5, so on average the person doesn't need help,

but if rejected what is a person suppose to do twice a week? starve?

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The actual crireria is how far you can walk before you start to feel discomfort and pain, you may well be able to walk 2 miles but after 10m you suffer discomfort, therefore the distance capable is 10m. One needs to consider if the underlying condition is also variable and if so it is based around your worst day.Nobody should be disingenious about their disability, however IF someone is found guilty of benefit fraud then they suffer the consequences. One mans freedom fighter is another mans terrorist !

 

It needs to be enough pain or discomfort that you cannot continue walking - just having some pain or breathlessness (for example) isn't enough. Plenty of people are in some pain when they walk - I have been for about 7 years, but its only in the last 2 years that the pain's been so severe that most of the time I can't even contemplate continuing after about 30 metres.

 

And as has already been pointed out - it shouldn't be based on your worst day, but any variability should be explained when claiming. For instance, using myself as an example, on my worst day I wouldn't even walk outdoors at all, but on my very best day I could walk 50 metres, on a normal day 30 metres. I would then explain that I have about one really good day a fortnight, and a couple of bad days a week. Most people have some variability in their condition, and not admitting to variability will ring alarm bells with a decision maker or tribunal and leaves you open to a later fraud charge.

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