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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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ESA work capability assessement


honour2012
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Hi everyone how many points do people normally get when they have had their interviews and are placed in the support group. :|

 

Hello there.

 

I'm not sure what your question is. Have you been placed in the support group? I don't know how points would be relevant, but I'm not a benefits expert.

 

My best, HB

Illegitimi non carborundum

 

 

 

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thanks for your reply honey bee been told on the phone that I have been placed in the support group wanted to know how many points others had as lost my DLA tribunal the day after ATOS medical so wondered if the more points I scored would help me with a fresh claim as still unsure whether to appeal again as so much stress as we are going along the appeal to the upper tier tribunal. Any replies i'm grateful for.

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afaik, the Support Group isn't based on points. There is a different set of descriptors for it and clearly you met the requirement. Well done! As for DLA vs ESA, they are seperate benefits designed for seperate purposes. DLA is how your illness / disability impacts on your daily life and ESA is how it affects your ability to do any work. In my view, the more detail you can cram onto your DLA form the better and, likewise, the more supporting evidence you can supply.

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thanks for your reply I am virtually wheelchair bound as can't even walk 30 feet without severe pain and stopping 3 times thats why GP suggested wheelchair. The tribunal virtually didn't seem to believe any of our evidence, ot, gp, consultants etc, etc plus all medication. Thats why we are now going down the upper tier tribunal route been told the chance of this is very small indeed, so want to apply for DLA again just worried about the 6 month thing that they reject any claims in that period until it comes of the screen.

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honour2012:

 

Points for the support group? None. As :RaeUK: says, there's a completely different set of criteria and the info seems to be in a very deep black hole.

 

Not got a clue how to do links, but if you Google ESA214 the booklet explains the criteria; descriptors, exceptional/special circumstances, for the support component of an employment and support allowance award.

 

Know next to nowt about disability living allowance but good luck with whatever you decide to do.

 

Best wishes, Margaret. :panda:

Edited by **Margaret**
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thanks for your reply honey bee been told on the phone that I have been placed in the support group wanted to know how many points others had as lost my DLA tribunal the day after ATOS medical so wondered if the more points I scored would help me with a fresh claim as still unsure whether to appeal again as so much stress as we are going along the appeal to the upper tier tribunal. Any replies i'm grateful for.

 

Hello again and thank you for that.

 

I thought you went to the tribunal to argue a point of law rather than not liking the decision. Am I off track here?

 

And do you have anyone helping you apart from the guys here?

 

HB

Illegitimi non carborundum

 

 

 

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hi yes you can only go to the upper tier if there is an error of law, we are waiting for the statement of reasons. I have an benefit welfare specialist from dial helping us, she has only just got all our paperwork on Thursday, I have to send her the statement of reasons to her when I get them, its up to the original judge on the 1st tier tribunal whether she grants us leave to appeal if not we have to apply ourself, getting very legal. Been told each case going to tribunal cost £33k makes you wonder why they didn't give it to us in the 1st place, no doubt we will eventually get it after costing lots of money, when a bit of common sense was needed. Thanks for your reply Honeybee.

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thanks for your reply I am virtually wheelchair bound as can't even walk 30 feet without severe pain and stopping 3 times thats why GP suggested wheelchair. The tribunal virtually didn't seem to believe any of our evidence, ot, gp, consultants etc, etc plus all medication. Thats why we are now going down the upper tier tribunal route been told the chance of this is very small indeed, so want to apply for DLA again just worried about the 6 month thing that they reject any claims in that period until it comes of the screen.

 

You won't be able to get ESA on the basis you can't walk. You may get ESA if you can't mobilise.

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