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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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ESA and work programme - Urgent help needed


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Hello, so the morale of the story is I claim ESA and have done for 7 months. I have not been to a medical yet to asses my illness as to why I am unable to work. Yesterday I got a letter from a company telling me I have to come in for a work programme.

 

So just wanted to know, should I go or not? How can they ask me to attend a work programme when they have not even done a medical yet? It states I could lose my ESA payments if I do not go.

 

All help appreciated.

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7 months is a bit of a long time. Are you still on the assessment rate and completed an ESA50?

 

Since I started claiming up until now I have been gettting £67.50. What is an ESA50? I have only ever filled in one form and I send a medical cert every month.

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That's the assessment rate, I know it well! The ESA50 is a form that most people complete as part of the assessment. It asks a lot of questions about what you can and can't do. Usually the precursor to the ATOSH WCA. Seems odd that you've been on the assessment rate for 7 months and not had either. I'd give your usual DWP BDC a ring and see what's happening. Coincidentally, I'm giving mine a ring tomorrow to see how things are going as I'm on week 12. The assessment phase is 13 weeks although there can be a backlog ...

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That's the assessment rate, I know it well! The ESA50 is a form that most people complete as part of the assessment. It asks a lot of questions about what you can and can't do. Usually the precursor to the ATOSH WCA. Seems odd that you've been on the assessment rate for 7 months and not had either. I'd give your usual DWP BDC a ring and see what's happening. Coincidentally, I'm giving mine a ring tomorrow to see how things are going as I'm on week 12. The assessment phase is 13 weeks although there can be a backlog ...

 

Hmm. So I have not had the form or the medical and yet I am being sent to the work programme? Do I go or?

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It's not uncommon to be called in for a meeting before the 'medical' etc due to backlogs. It is best to go if you can. They cannot force you into work. However, 7 months seems odd to me. I would call the DWP to see what the status of your claim is. Also, if you're currently unable to go then you can rearrange the appointment. I've always found the meetings useful. But, that said, I'm in one of the few remaining areas that is run by the Jobcentre staff and not outsourced ...

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It's not uncommon to be called in for a meeting before the 'medical' etc due to backlogs. It is best to go if you can. They cannot force you into work. However, 7 months seems odd to me. I would call the DWP to see what the status of your claim is. Also, if you're currently unable to go then you can rearrange the appointment. I've always found the meetings useful. But, that said, I'm in one of the few remaining areas that is run by the Jobcentre staff and not outsourced ...

 

Well when I was on JSA my woork programme was out sourced to this exact same company in the exact same place and they made me come in every day while I read for other people it was every few weeks etc. I do not wanna go through that again. I have a medical cert, I dunno how they can force this on me.

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Well when I was on JSA my woork programme was out sourced to this exact same company in the exact same place and they made me come in every day while I read for other people it was every few weeks etc. I do not wanna go through that again. I have a medical cert, I dunno how they can force this on me.

 

The rules for ESA are very different from those for JSA. They can't force you to come in every day or force you into work, training or anything like that. I'd attend if you can, because if you are later placed in the work related activity group you would lose money if you didn't. However, your ESA can't be stopped if you fail to attend. Here's how it works:

 

  • For the first part of your ESA claim, called the "Assessment Phase", you are paid at a basic rate
  • After your medical, if you are found unfit for work, you would be placed in one of two groups
  • If the group is the WRAG, you would be entitled to extra money subject to you attending several meetings with advisers
  • If you don't attend these meetings, that extra money can be partially or fully withheld
  • This is known as a "sanction"
  • A sanction would be withdrawn once you start attending the meetings, but it can't be backdated

 

So it's in your best interests to attend. However, I agree with Kelcou here - it's surprising that you have been on ESA for seven months and have not been asked to complete an ESA50 medical questionnaire or attend an exam. I would second the advice to call the DWP for a status check on your claim.

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Thanks for help so far.

 

What is a WRAG? If I phone them tomorrow morning and ask them what is happening with my claim and they tell me I need to attend this interview as part of my work related activity what am I meant to say? This is all confusing.

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Thanks for help so far.

 

What is a WRAG? If I phone them tomorrow morning and ask them what is happening with my claim and they tell me I need to attend this interview as part of my work related activity what am I meant to say? This is all confusing.

 

As Nystagmite said, the WRAG is the work related activity group.

 

If you call tomorrow, point out that it has been 7 months and you have had no WCA (that's the medical exam, the Work Capability Assessment) and can they tell you why it's been so long. It's likely they'll tell you that you should attend the interview, but at this moment in time it won't make any difference to your payments if you don't.

 

We're advising that you should attend because if, after your medical, you are placed in the WRAG, you would be due extra backdated payments. You won't get these if you haven't attended the interviews.

 

To find out about the status of your claim call the processing office, not the place where your interview is scheduled.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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As Nystagmite said, the WRAG is the work related activity group.

 

If you call tomorrow, point out that it has been 7 months and you have had no WCA (that's the medical exam, the Work Capability Assessment) and can they tell you why it's been so long. It's likely they'll tell you that you should attend the interview, but at this moment in time it won't make any difference to your payments if you don't.

 

We're advising that you should attend because if, after your medical, you are placed in the WRAG, you would be due extra backdated payments. You won't get these if you haven't attended the interviews.

 

To find out about the status of your claim call the processing office, not the place where your interview is scheduled.

 

Thank you, ill update you all tomorrow.

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Good luck nono. When you call your DWP BDC and ask about the ESA50 you'll probably be told what I was today about mine. I called as it's 12 weeks since my third claim was fast tracked. I spoke to someone at the BDC who said they can see no request for an ESA50 or WCA on the system. However, as these are handled entirely by ATOSH, he offered to put me through. Typically, just as the ATOSH guy answered the phone, my phone died. Still none the wiser ... :)

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