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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
      • 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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icon_post_target.gifI have sent in my esa50 five weeks ago.

Just got a call today from a witheld number.They were saying my name and asked if I was that person,

But the line was very poor I asked who they were but had to give up in the end as, The line was very poor.

Do ATOS ring you from a witheld number.Or am I stressing for nothing thanks for your help.:-)

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icon_post_target.gifI have sent in my esa50 five weeks ago.

Just got a call today from a witheld number.They were saying my name and asked if I was that person,

But the line was very poor I asked who they were but had to give up in the end as, The line was very poor.

Do ATOS ring you from a witheld number.Or am I stressing for nothing thanks for your help.:-)

 

Sounds like a debt collector to me

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I agree it could be anyone and nothing to worry about. The call doesn't have to be deliberately witheld to come up as such. Outgoing calls that go through a switchboard will appear as 'number witheld' when it hasn't been. For example, when my GP needs to phone me.

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  • 4 weeks later...

I don't know if the Atos thread is the right place for this but here goes.

Moving from IB TO ESA. Last IB award was for 5 year without medical.I then returned the esa50 13th august 2012 by special delivery Received a receipt as delivered on 14th august.After 8 weeks without hearing anything I rang the freephone number on the original ATOS ESA50 LETTER.

The lady who answered was from dwp so it must have been a dwp no, looked on her screen and said sorry Mr *** but your esa50 form etc appears to be lost.I said it cant be I have a receipt for delivery.

She said I am sorry I cannot do anything about it.

 

Then she said don't worry you have depression anyway so they wont bother you for a esa50 form.I was startled when she said this.I said this is misinformation and If You have not got my esa50 I will loose my benefits,I was then told to contact ATOS.

Who I thought I was contacting anyway as the number was on the esa form.

Sorry Are you keeping up with this so far

I then asked her for the atos number, ATOS then informed me they had received my esa50 and the DWP were taking rubbish.They said the scrutiny had been completed on my esa 50 and It had been returned to the DWP on 2nd September 2012 As I do not need to have a medical they had given me ESA for 2 year,

But when I asked what group they said they had not recommended a group.

They also said as the report went back to the DWP on 2nd September I should have heard from the DWP by now.

I therefore rang the DWP esa migration team they say they have no information on the findings of ATOS.

I just wonder what do I do now ATOS say they have reached a decision DWP say nothing received.

Can anyone suggest my next move thank you

Edited by honeybee13
Editing in some spacing for ease of reading.
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Hello there.

 

I'm afraid I don't know the answer, but this doesn't sound right.

 

I'll flag it for the site team in case someone knows, but I'll also move this to the main benefits forum because you should get more views there.

 

My best, HB

Illegitimi non carborundum

 

 

 

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It sounds like the 0800 number you called was the new claims line for benefits (08000556688?) this is a known problem with some letters from ATOS, it's not going to change anytime soon given the cost of changing it - don't ask!! The person you spoke to shouldn't be able to see much in your claim, given that they only take new claims, so I'm not too sure about why they told you the ESA50 was lost?

 

Not needing the ESA50 is not necessarily wrong - in some occasions, especially where mental health is involved, they can overlook a failure to return the ESA50. The idea being they would just move on to the next part of the assessment as opposed to stopping your claim.

 

If I were you I would call the enquiry line again and ask for a call from the Benefit Centre dealing with your claim. Chances are that they did receive a report on the date you were told. It just takes weeks to get a decision made and the person informed. A callback would clarify where they are with your claim and when to expect a decision.

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Thanks for you reply Pillow69 thats put my mind at rest.:loco:

Its just strange that ATOS has said they have awarded me two year but not put me in a group.

I thought the idea of the ATOS scrutiny was to decide which group if any a client was to be awarded.

Or do you think they were just avoding telling me what group I was in for security and data protection reasons.

I thought it was ATOS that made the decisions Is there also a DM at DWP looking at the report ATOS sent back ?.

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Thanks for you reply slipmaster it is all clear now :-D

 

atos make the prognosis and pass it to dwp dm to decide so atos dont know what group he has decided and that will not be on the same day as atos decision
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Good advice here. Also, it's worth noting that the processed ESA50 forms, once they come back from ATOS, generally go to a dedicated team within your BDC. The name of the team varies from one office to another, but it's usually something like "Medical Reference", "Medical Services" or maybe just "The WCA Team". So the folks at the IB/ESA migration team may genuinely not be aware that your ESA50 has been returned, especially if it's currently sitting in a DM's intray a couple of hundred miles away. If you call again, it may be worth asking them to check to see if this is the case.

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

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  • 4 weeks later...

Hi all after waiting 3 months I have received the DWP letter telling me I have been put into WRAG.

This Without an ATOS medical

I have just rang DWP asked for ESA85A, ESA85S, AND GL24,

I asked how long my WRAG lasted he said it says 2 year.

I cannot mobilise more than 15 mtrs so would have thought I would have passed that descriptor for support.

How can they put me into WRAG without a medical ?.

I also asked the DWP about an appeal he told me I would loss money If I appealed As I would go from the WRAG group to the appeal rate.I thought we were promised we would not loose money on the IB to Esa transition.Just wondered is there anything else I can do,I have been Informed that someone fron DWP will ring me on monday in regards to my request for ESA85A ESA85S and GL24.

Will my case be reconsidered before it goes to appeal,And if I go for an appeal will I loss money.?

Can anyone comment on this thankyou.

Edited by microbar
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Did you write that on your form?

 

Thanks for your kind reply Nystagmite

Yes and I have 4 letters from my consultants and gp saying I cannot mobilise for more than 15 metres,These were included with my esa50

I have stage 3 copd lost all the feeling in my feet peripheral neuropathy,Diabetic ulcers on my feet.

chronic Arthritis in multiple joints,

Even if I was given the imaginary wheel chair I could not Propelll it due to poor manual dexterity due to peripheral neuropathy in my fingers, plus pain from the Arthritis.

Can I ask for a reconsideration or does this happen automatically when you send in the GL24.

If I appeal will I lose money as I thought on the transfer from IB to esa you were not supposed to lose out.

But today the DWP said if I appealed I would loose money.

Thank you for your kind help here.

Edited by microbar
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As part of the appeal process, a reconsideration is done. If the decision can't be overturned, it's then sent to appeal.

 

Thanks for your reply but if I appeal will I loss money I was told by the DWP that I will as I would go from WRAG to assesment,This will put people off from appealing. surely this cant be right.

As pre migration we were all informed you should not loss out when migrating.Thanks.

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If I'm right you would go back to assesment rate as we have due to migration and we are still waiting for tribunal result, we also lost the disability premium of £43 a week so its not true about not losing out when your migrated

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This doesn't sound right to me. If you fail the WCA and have to appeal, yes you only get the assessment rate of ESA but I thought if you're put in the WRAG and appeal for support group you get paid WRAG whilst you're waiting.

 

If one of the benefit experts doesn't pop in with an opinion, I would phone DWP again on Monday and ask someone else.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:microbar:

 

Mmm ...... :???:

 

There's unlikely to be an ESA personalised summary statement cos you didn't have a face to face assessment. No idea why a request for the ESA85A and a GL24 needs a callback. They're both available on request, without giving a reason, from your benefit delivery centre.

 

If you appeal your reassessment decision, either in writing or by completing a GL24, it'll be reconsidered by a decision maker before it's sent to the Tribunals Service. In theory the decision maker can revoke the work related activity component of employment n support you've been awarded. In practice, they rarely do but it's a possibility you should be aware of cos it could mean £71 assessment rate for months on end pending an appeal hearing.

 

The 'not losing out financially cos of migration from incapacity/income support to employment n support' causes confusion. Some claimants who appeal a reassessment decision feel they've lost out cos they only receive assessment rate employment n suport pending the tribunal decision. But, should their appeal be upheld, the awarded component (work related activity or support) is backdated to the date of the original reassessment decision and the arrears are paid as a lump sum.

 

Regards, Margaret.

Edited by **Margaret**
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