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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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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. 
       

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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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Medical Examination with ATOS affecting DLA


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Oscar i am not judging anyone I wouldnt presume to without the full facts, some people find regular assesments unreasonable others dont mind but should everyone have assesments or noone have assesments? whatever happens it should be the same for everyone that way we are all treated the same. As I said this is just my opinion to which I am entitled to but getting personal and agressive is not very productive. as for people getting sickness benefits etc that they are not entitled to I do know as fact of people who have done this and people who have gone from JSA to sickness/disability because they actually dont want to work. I am not saying that this is everyone what I am saying is that there needs to be a clear and transparent system for assesment to which everyone adheres to.

If I have been of any help, please click on my star and let me know, thank you.

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Nothing to do with someone not looking disabled its knowing them personally and yes I have reported the ones that I know of personally and been correct, however I dont like doing it which is why I think there should be more checks. (just to say 2 were realatives and I was totally disgusted) I would never report anyone just on suspicion or hersay, but the bad apples end up tainting everyone and they must be weeded out somehow.

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I have indeed reported - including the dates and times, and location, where the person can be seen - and precisely nothing has happened - which is why I believe that the system of repeated medicals is a good one.

 

Do I know all the facts? No, of course not, but when the information comes from the person themselves it is likely to be true - it was before I was claiming benefits, and people were giving me "advice" on how to claim the benefits, and how to make sure you get higher rate DLA. One person was keen to become my carer (without having to be here, of course), willing to let me "share" the carers allowance with them. I have also been asked to "lose" my blue badge, and offered £100 for it.

 

 

It is similar to the issue of people claiming unemployment benefit while working for cash - again, reporting does nothing, unless you are prepared to give a witness statement that you employed the person and paid cash nothing will happen - and I don't want to take the risk of doing that, I have to live here.

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Oscar i am not judging anyone I wouldnt presume to without the full facts, some people find regular assesments unreasonable others dont mind but should everyone have assesments or noone have assesments? whatever happens it should be the same for everyone that way we are all treated the same. As I said this is just my opinion to which I am entitled to but getting personal and agressive is not very productive. as for people getting sickness benefits etc that they are not entitled to I do know as fact of people who have done this and people who have gone from JSA to sickness/disability because they actually dont want to work. I am not saying that this is everyone what I am saying is that there needs to be a clear and transparent system for assesment to which everyone adheres to.

 

If you make a generalisation such as "there are too many people who get sickness benefits who shouldnt be" on a forum which is likely to attract disabled people in receipt of such, then you are being confrontational and personal and possibly exhibiting aggression and you should be prepared to deal with the reaction. Reassessments should take into account the person's disability and the possibility of recovery of not and should therefore be individual to each person and not rolled out across the board, the same for everyone. However, as already stated, by being called for reassessment as to whether your circumstances have changed you are in effect being challenged about whether you are a liar, since each claimant signs to notify of any change in circumstances.

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Yes, the bad apples should be weeded out but they are few and far between, the official fraud rate being, I believe, 0.5%. However the government and the media puts emphasis on the small amount of fraud committed, so as to turn the non-disabled general public against people in receipt of benefits, and to win their support for their reforms cutting the benefits and services of disabled people.

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I have indeed reported - including the dates and times, and location, where the person can be seen - and precisely nothing has happened - which is why I believe that the system of repeated medicals is a good one.

 

That's probably because they're doing nothing wrong.

 

As for repeated medicals - some medicals can be and are painful. I am already put through enough painful medical each year to check that my eye sight isn't getting worse and that the fluid in my brain hasn't increased to such an extent that it can cause serious problems. Why should I go through more medicals? My GP and consultants can be trusted to diagnose me and prescribe the appropriate treatment - why can't they be trusted enough to give their medical opinion on my disabilities and whether they cause me problems? In fact, they know a darn sight more than the DWP.

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Very few illnesses are for a lifetime. Medication can improve the quality of life as could surgery. Yes I will agree that there are some conditions that will never improve irrespective of drugs or surgery.

 

The waste of money is having separate assessments being carried out for the DWP for each type of benefit claim. Far cheaper to have a combined one. Then how do the DWP decided who should and who shouldn't have an annual assessment? Yes those that have a terminal prognosis of less than 6 months should be exempt of course.

A GP's or Consultant's report is only as good as on the day it was given. In order to catch those that do have improvements in their health but fail to notify, it will only be fair to assess everybody. Otherwise the DWP will stand accused of picking and choosing, with those chosen complaining - why me?.

 

Isn't there a question on the form for your practitioner to answer, which asks if the patients condition would improve in the foreseeable future?

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I do have a problem with general GPS though making long term assesments as they dont have the specialist knowledge

 

But the people doing the medical examinations for ESA generally aren't doctors at all. Mine was conducted by a nurse, who had never even heard of one of my illnesses. She argued that it was impossible for me to have brain damage from an underactive thyroid being undiagnosed for several years. I produced a letter from my neurologist which stated that I had brain damage from my underactive thyroid going undiagnosed for several years, and she completely discounted it because she had never heard of it! It meant that none of my problems related to the diagnosis were considered during my assessment. It didn't matter that I could hardly balance, struggled to hold a pen etc... all because *she* had not heard of this before (and it's not even considered rare...).

 

I have no issue with regular check-ins but I do think that the doctors who are involved with the patients are the only ones qualified to make these decisions. Certainly not practitioners who have no knowledge of the patient and, as you say, no specialist training.

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