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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
      • 161 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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JSA to ESA - A sticky situation.


Crin
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I apologise for asking for advice on my first post, but I'm in a worrying situation and I'm in need of some help.

 

For the past 12 months I've been claiming income based JSA however I now wish to switch to ESA.

 

I have been professionally diagnosed with several mental health disorders namely:

 

Generalised Social Phobia F40.1

Dissocial Personality Disorder F60.2

Pervasive Developmental Disorder Not Otherwise Specified F84.9

 

The issue however is that I received these diagnoses in 2010, just under a year before I began claiming JSA. When I was asked if I had any medical conditions that would limit my ability to find work I deliberately didn't list them as I felt uncomfortable disclosing such information to someone I didn't know but would have to face every week. Because of my anxiety I find the signing and adviser appointments daunting as it is.

 

Judge me as you like, but I admit I went onto JSA for the benefit and not because I was actively seeking work. I had no idea at the time that I would be eligible for ESA or that it even existed so I felt it was my only option. Please don't think it's a case of me leeching the system; I can't even face up to making a telephone call let alone get a job. I honestly just wasn't aware of the support that was available so I took the only option I felt I had at the time. If I didn't I'd not have a home right now.

 

However I feel I've shot myself in the foot by doing this. Not failing to declare my conditions when applying for JSA, and apparently 'job hunting' for the 12 month period I've been claiming it, will undoubtedly raise a few eyebrows when I tell them I'm 'suddenly' unfit for work. Just to clarify, this inability is not sudden but my sudden switch to ESA will make it seem as such; I've been feeling the pain of my problems for a long time.

 

What should I do? I can't exactly confess that I lied about seeking work; I don't want to end up in trouble over and alleged fraudulent claim. Should I terminate my JSA agreement and apply for ESA, or simply declare my mental health disorders to the Job Centre and let them do the rest? Either way I feel questions will be asked at some point during my ESA claim and I only have two options. Confess to what is essentially a 12 month fraudulent claim and face the consequences, or maintain the lie and say the year I was claiming JSA I was learning to overcome my difficulties (they've actually been getting worse..)

 

I can't stay on JSA. Firstly I don't want to be receiving the wrong benefit, and secondly I'm almost certainly going to be placed on a Work Programme or similar and hence forced into a socially demanding environment in which I simply cannot cope.

 

For the record I was diagnosed at the Maudsley Hospital in London, and even though I no longer receive support or maintain direct contact with them I have a full medical report outlining my conditions. I'm 19, never had a job or any sort of work experience or equivalent such as volunteer work. From what I can gather I should have no difficulty satisfying the ESA descriptors sufficient to obtain benefit.

 

Any advice or input is greatly appreciated as I'm at a loss over what to do. I'm off to get some sleep so if I need to clarify anything I'll do so tomorrow. Thanks in advance for any help you can give me.

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However I feel I've shot myself in the foot by doing this. Not failing to declare my conditions when applying for JSA, and apparently 'job hunting' for the 12 month period I've been claiming it, will undoubtedly raise a few eyebrows when I tell them I'm 'suddenly' unfit for work

 

No. Some people will find that whilst they're on JSA, that they become ill and this isn't an unheard of issue.

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also you may have found that at te time you made your claim for JSA it was the easier if the two options but over the last year your incapacities gave started to effect you more and now you feel that you need time out to help you come to terms with whats happening so your GP can now give you a fit note to excuse you from being fit and available to seek work.

Don't panic at this stage, you need to book an appointment with your GP to get a fit note, then cancel your JSA claim from the day before your fit note starts and then claim ESA from the first day of you fit note.

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Doesn't matter tbf if you claimed this that or the other. Only thing that matters is getting that "fit" note off your doctor and meeting the ESA descriptors.

 

I switched JSA to ESA without issue over a year ago. I was advised to close my JSA claim on the last day of signing then apply for ESA to avoid losing money but others might know more about that than I.

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