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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Im suing the Council !


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Back in Aug this year i had a letter come through stating i am under investigation for benefit fraud, i went for an informal interview and found out what had happened

My wife gets paid cash in hand for 3hrs work a week and i didnt disclose it, even though i have a recorded call form them stating otherwise. 1-0 to me.

Secondly, i hadnt informed them my tax credits had changed, again its on record i did ring and was told not to send the award notice in as they can go into the DWP system and find it anyway...2-0 to me.

Then at the interview i was told i had been overpayed £650 in housing and council tax benefit. i argued this and done my own figures to prove it was approx £40m when they saw my workings out they agreed !!!...3-0 to me.

 

Then tuesday i had sent them info of myself claiming ESA as i wasnt entitlied to SSP, BUT im still employed, even though my income went down by £50 a week so i though nothing of it.

 

That was until friday, i had a letter asking for for my WTC and CTC award notice to be sent to them as im not entitlied to it even though im employed over 16hrs, want my wifes pay slips for the last 5 weeks, (dont get them, payed by cash, i sent them a form her employer filled out!!!!)

In this letter it stated i had another over payment of over £200 as they nolonger allow my wifes DLA to be used in there calculations for the disability element, BUT if i cancel my claim and redone it in her name then the over payment will be removed and it would sort it self out. Funny thing is shes had for over a year and they have used it in there calculations since OCT 2010 but are no longer willing to do so as its in my name.

 

Ive never had to claim before and our income from 09 went from 65k a year to 7k due to her illness etc

 

So enough is enough, im taking them to court and im gonna beat them so hard, firstly for having to work out calculations there dept should be able to do but i had to, what happened if it was someone who didnt know like i did???, they would have payed the £650 !!!, secondly for the way there acting now, because of what happened in Aug, im being treated differently.

I have already helped 2 other people who are self employed get the full amount as they done there caluculations wrong !!!

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Just for info, there are no computer portals to allow any departments to view other benefit entitlements between DWP, the Local Authority and the HMRC departments.These are all admistered by different departments.

I have no access to view HB, CtB or Tax Credits via my JCP card and access to benefits systems.

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Just for info, there are no computer portals to allow any departments to view other benefit entitlements between DWP, the Local Authority and the HMRC departments.These are all admistered by different departments.

I have no access to view HB, CtB or Tax Credits via my JCP card and access to benefits systems.

 

Sorry but I find that hard to believe. When speaking with the council they send they can do it and also informed me that as I'm claiming ESA they will tell the DWP and will wait for the new award notice. Now if they can't do this, why do they say they can ?

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Just for info, there are no computer portals to allow any departments to view other benefit entitlements between DWP, the Local Authority and the HMRC departments.These are all admistered by different departments.

I have no access to view HB, CtB or Tax Credits via my JCP card and access to benefits systems.

 

Yep one of the many reasons for overpayments :-(

 

S.

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They have access to two systems: The CIS system contains personal information and indicates what a person has claimed and when such as DWP benefits and HMRC Tax Credits in addition to Local Authority HB or CTB. But the information they can access is very limited indeed. From what I understand, the CIS system only allows them to see that there is a claim, not the amounts or any other information about the claim. The ATLAS system is also used which provides notifications to the LA.

 

In any event, what Nystagmate has advised is correct. The systems are there for the government departments to share information but the onus is always on the claimant to notify the LA. I've seen similar cases, where the claimant disputes a recoverable overpayment because the LA should have been notified by the other government department, and argues that they therefore believed that they did not have a duty to disclose. Unfortunately I've yet to see a successful case because in the regulations, it does set out the duty of a claimant to notify, which is communicated to the claimant in the award notifications sent to them by the LA.

 

Trust me, I do feel your frustration - I've had my own battles with my local authority where I've had to write letters of complaint because of the LA's failure to follow the relevant procedure and apply the legislation in the correct manner.

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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Thank you Erica, yes that is correct I do have access to CIS and that system does only tell me that an interest for claiming a benefit has been made and does not give any specific details such as amounts and changes in rates.

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I do have access to CIS and that system does only tell me that an interest for claiming a benefit has been made and does not give any specific details such as amounts and changes in rates.

 

There must be different levels of access because I had all dates & rates for DWP benefits & then interest markers on Council & HMRC benefits.

 

Unfortunately the info on CIS is not always correct though :mad2:

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Jabba Jones, at the risk of going slightly off the subject of the original post, yes you have access to the information about one of the departments namely DWP but only have basic information about the interest of HB, Ctb, and Tax Credits which sounds like the same access that I currently have.

The point I was trying to make originally is that it cannot be assumed that every department has full access to the information across departments as each computer processing system is different and that is why it is ultimately it is a clients responsibility to advise each department of any changes in other departments/benefit awards.

Again that is the same for DLA and Carers Allowance as those are processed by the Carers and Disabilities Departments and again I have an interest marker for those benefits but no full information such as amounts and the changes if any in those rates.

This also include the April uprating increases.

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When my wife applied for ESA they asked her about the benefits she was receiving and she told them she was receiving DLA and Carer's Allowance. She was then sent a transcript and it showed that she had declared the CA. They continued to pay CA and we were not aware at the time that she could not get ESA and CA. They then tried to reclaim stating that she had not informed them that she was claiming CA and were claiming an overpayment of about £700.

It seems as per the OP that the benefits department are making a habit of not processing information and then accusing you of not notifying them. Makes you wonder how many other people have unwittingly fallen into this trap. Like the OP she will go to court over it if necessary.

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I'm by no means an expert as the systems are internal but the links below should provide some information.

 

Customer Information System (CIS)

 

Automated Transfer to Local Authority Systems (ATLAS)

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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Found it!

 

I knew I had seen it somewhere. This link is a dummy screenshot of the CIS system. It does show the amounts - what it doesn't show is components. I'm not sure if it would show the components if the 'details' button was clicked on or what info each department or member of staff will have access to. I presume that like all benefit systems, the level of access is set to the role.

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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