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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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Help! Voluntary Disclosure of Benefit mistake


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I have searched through this forum and found some useful advice (thanks!) but none that really applies to my current situation. Me, and my partner, have just realised that we made a mistake in our last two periods of claiming and did not disclose some irregular payments (that did not exceed 3,000 and did not raise our savings above 6,000). We did not realise that they should have been counted until recently. We would like to make a full voluntary disclosure of this to the appropriate benefit bodies (for JSA, CB, HB) but are unsure of how to go about this.

We are not under any investigation nor have we been asked to an IUC but the realisation of our mistake is destroying us and our peace of mind.

We do realise that due to the amount (around £7,000) that an IUC is inevitable as is (probably?) a prosecution. Due to the amount we will almost definitely be referred to the PF.

My question is how much does a full Voluntary Disclosure mitigate prosecution? I plan to call the CAS tomorrow but have heard that it takes a while for them to get back to you and sometimes (as evidenced by stories on this site) their advice does not seem very good.

We would also like to stop our benefits tomorrow but I am not sure if that is advisable? We are almost certain that we are currently being overpaid, however, and do not want any more money added to the total.

I need to take action on this soon but am afraid as I know that, whatever I do, it will drag on for ages and hang over us. Please help!

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Thanks for the advice and prompt reply Nystagmite. I guess I am just wondering if there is anything I should or shouldn't say over the phone in this instance. I dislike talking to the benefit offices over the phone as half of the time they don't make a proper note of what you say. We have all of our documentation together but would have to photocopy quite a lot of paper to get the documents to the appropriate places asap, if any of them will accept photocopies (at least initially).

We want to provide everything and not give them room to suggest that we did not fully disclose the situation or that it was only disclosed when we were investigated or asked for information.

The HB/CTB office here is quite close so I could conceivably take the paperwork to them tomorrow but even then I'm not sure they will want to photocopy it all there and then!

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If you have no means to photocopy it,go to your local library and do it there.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Dont get too distressed, you are not under investigation and you are making first contact re the descepancy.

Sleep well tonight and fingers crossed you are okay xx :)

 

If you ring record the call for your record to show what you told them and put in writing and send recorded delivery as a follow up.

 

If the amount was 7000 and used for normal bills etc if you had declared it, then it would have not been long before met the criteria for full benefits, so heres hoping the overpayment is not as high as you worry about :) Overpayment will depend on how long you had the 7,000.

 

You are right to contact them before it got found out, best of luck :)

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The departments willl not accept anything that is not photocopied on the premises and stamped as "certified true copy", if they cannot copy it there and then for you tey should offer you asn appointment whee they are able to accommodate you and photocopy all documentation without having to cover the reception desk and risk being interuppted.

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Thanks for the help everyone! I took the documents to my local Housing Benefit office yesterday, after calling around to CAB and the central HB phone number. They reckon it is all fine.

 

In my haste to write my original post I engendered some confusion as to the amount of the loans. Each separate loan was never over the £6,000 limit, and our capital was never over the £6000 limit. The £7000 figure refers to the amount of benefit we received, including JSA, HB and CT with no underlying entitlement assumed. The confusion really comes because my husband is a medical student and the loans (NOT Professional Career Development Loans) were available to him because of this. They are fixed sum loans that accrue interest.

 

The HB person I spoke to was very nice and she checked with a benefits advisor who agreed that all will be fine as long as we disclosed the bank account (we did, it was the one our original claim for HB was sent into!) and did not go over the £6000 figure. Furthermore, she made it pretty clear that even if there had been a problem, the fact that we came forward of our own accord would probably preclude any question of prosecution as they do not like to pursue that in most cases.

I'm now waiting to hear from a Jobcentre Benefits Advisor. I am worried that they might be more difficult to deal with as they often get things wrong and might be more stringent about the fact that the loan was linked to him being a student.

 

I'll keep you all posted. Thanks again!

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  • 2 weeks later...

Update: Two benefits advisors, one from JSA and one from HB have said that the bank loan does not count as income.

 

Now we are just waiting for a separate issue which is our (also voluntary) disclosure of my husbands revised SAAS award. (They lost the documents or they were lost in the post - another nightmare). We are late getting it to them (it is dated August this year) but have received no letters asking for it. We found it while looking for his payslips to send them and realised they had his original SAAS award letter but not the revised one. This was not deliberate and handing it in now is causing us a lot of stress not to mention figuring out how to pay the money back.

The sums for this mistake are much smaller, as is the timescale. We are eager to pay it back.

Any chance we will still get an IUC? Or some other penalty? How long does it take for these things to come out of the woodwork? I know we could receive a repayment letter long before they decide to haul us in, but would they take further action in this instance? Any experiences and thoughts would be helpful - thanks! I'm not looking forward to stressing about this all through Christmas :(

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