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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 
      • 81 replies
    • 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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IB to ESA will it immediately be means tested?


Soyamocha
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I have been on Incapacity Benefit since 2004 but prior to that date I had worked non stop full time for 24 years paying my NI Contributions. I have just received "the letter" telling me they will contact me in 2 weeks and send me the ESA50 for completion so it is only a matter of time for I have the medical etc. I appreciate that I may not qualify for ESA but I do have medical problems and if I do quality for the ESA workgroup , will the first 12 months be contribution based or income based. I ask because I have savings. I thought I would get 12 months and then it gets means tested.

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If it's just IB you get now then it will be a Contribution based part of ESA you will be transferred over to. If you're in the Work Related Activity Group then yes, it is only paid for a year. Only paid for longer if you're in Support group.

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Thanks for that I was concerned that it would immediately be Income based. All I get at the moment is Incapacity Benefit and Disability Living Allowance. I did get income support but when they found out I had savings I had an IUC about three weeks ago and I am awaiting the outcome. Whilst awaiting the outcome and letter regarding migration dropped through the door - not sure if that is a coincidence or not but the woman who ran the investigation disliked me immediately and I would not be surprised if she was behind this. I was concerned because I thought if I get put on Worked Related JSA for 12 months and it is income based, then I won't get it and at the moment I am paying full council tax, prescriptions, glasses, dentist and on top of that will have to pay back any income support so all a bit worrying

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To not be entitled to I.S you must have capital over 16k or between 6k and 16k if tariff Income has knocked you off.

They will have found the capital as a result of a GMS match.

You will go over to ESA its not because of a IUC everyone on IB is going over before 2014. So its just your turn.

If you go in the support group you will be ok, as you will automatically be on ESA conts, but if you get put in the WRAG then you will have twelve months of ESA conts

then ESA IB....

You would have to support yourself on the capital and apply when under 16k.

But be careful how you spend it or it may be looked at as deprivation.

If you have an OP of I.S you can elect to pay it back in one lump sum or weekly out of your ESA.

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Thanks for all the help. Thing is I was brought to pay your bills and always put a bit aside. I have seen so many elderly people scared to turn on the heating, living in just one room of their flat etc and going without even though they have worked their whole lives. So I have always put a bit aside from my wages. I could easily have replaced my old sofa, car and 21 year old kitchen but as I was not working I was worried and kept my money aside. Now they want the IS back. If I had bought a new car, new kitchen and sofa I would not be in trouble now nor threatened with court action. If I don't buy these things now at the end of my 12 months I will not get any ESA.

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thats an interesting point Nys...why should spending say a grand on a new sofa be treated any differently? personally i would rather buy something that is going to last me a long time..than some cheap rubbish that i would have to replace in a couple of years...and how do you prove that your say 10 year old car needs replacing? it may be in perfect condition...or would you have to take a rusting non running hulk down to the dwp for them to decide?...next thing is they will want to go shopping with us...

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£1000 is not a lot for a sofa, ours cost £1800 (bought while working), in fact I would say that was about the average cost. Don't forget you get what you pay for and generally cheap sofas do not last long. We've bought enough in our time to know that is so.

 

You don't want to spend half the money on a cheap sofa and find 2 years down the road you have no sofa and no capital to replace it.

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