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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Catch 22 ESA


AlanKelly
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What should I do here? Last year when I first got turned down for ESA I tried suicide. I mean, I suffer severe depression and they gave me 0 points. I had another ESA medical last month and the strain it put me under leading up to it almost broke me. I had to get half drunk to attend the medical and I was in a seriously bad mental state. I was out of my mind actually. Now I have gotten a letter from them saying that the medical had to be stopped as I 'did not comply with the requirement to be medically examined' because my 'behaviour was such that the medical officer was forced to abandon the interview'.

 

I was cursing, hitting myself, spitting on the floor. I was out of my mind and couldn't help it. Now they seem to be saying that I wasn't mentally fit enough to be found mentally fit enough to work and so are going to punish me for it. They are saying that I have to explain to them why I didn't behave well enough to be 'medically' examined, and are threatening to take away my benefits for being in such a bad mental state at the 'medical'.

 

 

 

I also recorded the 'medical' and told the 'doctor' after it that I had done so. They are also threatening me about that. I only done it as I want to send the recording to a newspaper if I decide to commit suicide over being bullied off 'the sick' by these I can't take it any more. Last winter I froze because of them.

 

I am feeling calm at the moment, calm enough to type this but also calm enough to plan my suicide in such a way that it will expose these What should I do here? They are actually telling me that I have to explain to them why I was too mentally ill to be 'medically' examined. This is Joseph Heller material. There is no way out of this. I will go, like they want me to, but I won't go quietly.

Edited by MARTIN3030
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Welcome to the site.

We have seen similar stories on these forums,and there are some members who can identify with what you have gone through.

Just hang on in there,some other will be here to respond.

Unfortunately have had to edit some wording from your post.

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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Hello Allan.

 

As much as you may find it difficult to believe, this is actually good. I say that because of this statement you made:

 

They are saying that I have to explain to them why I didn't behave well enough to be 'medically' examined, and are threatening to take away my benefits for being in such a bad mental state at the 'medical'.

 

In most cases I've seen where a claimant behaves in a manner which forces the HCP to abandon the assessment, the claimant is put down as 'refusing' to partake in the medical and their benefit is stopped as a result, with their claim being terminated. In your case, they have asked you for an explanation of why you behaved in this manner and although they have stated that they may stop your benefit, they have not just gone straight ahead and done so; they have provided an opportunity for you to explain the behaviour which prompts me to think that if the explanation is satisfactory, they may offer you another assessment rather than stopping your benefit. If they stop your benefit as a result of being non compliant then you cannot get it reinstated pending appeal. You can only get it reinstated pending an appeal if you have completed the assessment and not been awarded enough points. You need to, if at all possinle, try to get another assessment appointment and have the assessment completed. That way, if you don't get enough points you will not lose benefit pending an appeal outcome.

 

You need to so as they have requested and explain why you behaved in the manner that you did. If the ESA questionaire you completed describes similar behaviour exhibited in the past as a result of your condition, refer to it and if possible, provide evidence from your healthcare professionals which supports that you can behave in this manner as a result of your condition. I think that it may be helpful for you to seek assistance from either CAB or a Welfare Rights organisation to represent you in your claim. Your local council will be able to provide you with details of organisations which can assist you - they are free services. With information from you, they will be able to write a letter on your behalf with a mandate signed by you saying you give them authority to act. They will be able to assist you with many aspects of your claim such as the completion of forms, letter writing and telephone communication. Some can represent you at appeal hearings. Having an organisation to do these things does a lot to relieve the pressure on some people.

 

In regard to your suicidal feelings, CAG being a consumer forum is unable to provide you with professional support for this but please do contact the Samaritans. You can remain anonymous. Click here for a link to their webpage.

I would also encourage you to speak to your GP about these feelings. It may be that the treatment you are recieving is not sufficient and they can perhaps look at alternative ways to help you to deal with this.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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makes me laugh, is there some kind of prejudice here, if you crawl into the room and cant sit on a chair and lose balance everywhere do they stop the medical and say u must explain yourself, how ridiculous. do they not realise unwell people are coming to see them, who may act different or look different, or cope differently. sorry that we arent healthy individuals. they just want to say we are all fit for work cos they dont want to pay out whether they should or not so faced with this dilemma their solution is stop the benefit which is really what they wanted in the first place. despair comes from feeling helpless , my opinion. you just got to fight them and focus it on the system and not on yourself. the whole system is set up to put people off, its a disgrace and tribunals are held where u try to prove ur illness and the decision is theirs , like a court, a court would at least take evidence from medical people involved with you but all the tribunal does is a 20 min interview with someone who does not know you or your history , so its all unfair. so stay strong get in touch with welfare rights and mind and anyone else who may be able to help, i think so many people who are writing on here truly feel similar , chin up ,

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The HCP that did my medical assesment said on my report that my behaviour was Bizzare....but also later described me as normal!!! my assesment was finished with a 0 points result. With support from a welfare rights support worker that i have had for the last year through a scheme from my local council we put together a good amount of evidence to support my claim. During my tribunal yesterday the judge asked me what the comment Bizzare ment i said i didn't know I didn't think i had behaved bizzarly except being nervous and anxious so was pacing in the room part of the time....also my physical health means i can't sit for long! The judge said it was a strange word for her to use when she did not explain the behaviour she found bizzare.

I think it depends on your assessor as to what they allow and i can only reiterate try to get help explain your behaviour to the DWP and ask if you could please get another assesment, so that you don't have your money stopped, and you get your right to appeal if necessary.

Please don't give up it is a very unfair system but it is possible to get to the end of the tunnel. I won my appeal yesterday going from 0 points to 24! Good luck Arlene

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I would say being nervous is normal.

 

 

Heck yes...the whole process of any of these things is scary.

Maybe they should try being the other side of the desk.

 

One of my advisor's admitted to me, that she thought it was far more stressful for those looking for work, than those the other side of the desk, and I know they do not always have it easy.

 

Mary

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