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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
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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 Money Concerns


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Hi, I'm a new user and I'm here on behalf of my mum. And I'm sorry if this is long.

Basically, a couple months ago she went to her doctor about ESA and, after asking her questions, he said she was eligable and wrote her a sick note from 1st August for 4 weeks.

She took the sick note to the Jobcentre, told them what the doctor said and handed it in. They said that was fine and gave it back to her, but she thought that was just to keep for records or something.

About when the 4 weeks were up, she realised she hadn't been paid ESA yet, and she had been living off of her last JSA pay. She went back to the doctor and he told her she had to post it off herself. He then wrote her another note from when the last one ended for 3 months. She then posted them both off at the same time.

3 days later she got a call saying they had recieved the note, but she hadn't made a claim yet (she thought she did that when she took the sick note in the first time), so she made one over the phone and they said she would be paid within 14 days.

That was on 17th September and she hasn't been paid a thing. And just 2 days ago she got a letter saying her sick note was only from 1st Ausgust to 7th August and they need a new one if she wants to keep getting her benefit.

Is there something she missed/didn't do? And although they said it would be backdated, it's been almost 10 weeks since the start of the first sick note. Will it still be backdated? Any advice would be brilliant as I have no clue about these things. And, again, sorry it's so long.

Thank you :)

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Hi, I'm a new user and I'm here on behalf of my mum. And I'm sorry if this is long.

Basically, a couple months ago she went to her doctor about ESA and, after asking her questions, he said she was eligable and wrote her a sick note from 1st August for 4 weeks.

 

She took the sick note to the Jobcentre, told them what the doctor said and handed it in. They said that was fine and gave it back to her, but she thought that was just to keep for records or something.

 

About when the 4 weeks were up, she realised she hadn't been paid ESA yet, and she had been living off of her last JSA pay. She went back to the doctor and he told her she had to post it off herself. He then wrote her another note from when the last one ended for 3 months. She then posted them both off at the same time.

 

3 days later she got a call saying they had recieved the note, but she hadn't made a claim yet (she thought she did that when she took the sick note in the first time), so she made one over the phone and they said she would be paid within 14 days.

 

That was on 17th September and she hasn't been paid a thing. And just 2 days ago she got a letter saying her sick note was only from 1st Ausgust to 7th August and they need a new one if she wants to keep getting her benefit.

 

Is there something she missed/didn't do? And although they said it would be backdated, it's been almost 10 weeks since the start of the first sick note. Will it still be backdated? Any advice would be brilliant as I have no clue about these things. And, again, sorry it's so long.

 

Thank you :)

 

Hello there. I'm sorry you haven't had any replies yet. I'll try to start this off and hope the guys will be along later with more comments.

 

I think there may have been a breakdown in communications between your Mum and her doctor. As far as I know, a GP doesn't authorise ESA payments, the DWP does this. If your Mum has made a claim over the phone, I think that should work, but hopefully the guys will confirm if I'm right.

 

As for the sicknotes, would you mind confirming what dates they cover please, because I'm a bit confused?

 

I expect more help will be here later.

 

My best, HB

Illegitimi non carborundum

 

 

 

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:KBC:

 

Well, clearly your Mum missed the small matter of actually making a claim for employment and support allowance. Having said that, it sounds like the Jobcentre could have been more pro-active and explained how to make a claim instead of assuming she'd know what to do next. Two small sheets of white paper, among thousands of similar sheets, arriving at a benefit delivery centre without a claim to attach them to? Small wonder that they appear to have processed one incorrectly and lost the other.

 

Unfortunately Jobcentreplus can only accept original Med3 (unfit) notes so fraid it's back to the doctor's surgery for a backdated replacement note. Don't know whether your Mum sent the last two via a Jobcentre or not, but it's usually safer to send an unfit note (recorded delivery if poss) directly to your benefit delivery centre. Address as on their acknowledgement of the telephone claim.

 

For the first thirteen weeks of a claim a Med3 (unfit) note, signed by a doctor, is accepted as evidence of limited capability for work. From week fourteen onwards, eligibility for employment and support allowance is determined by a Jobcentreplus decision maker following a work capability assessment.

 

Hope I've helped.

 

Sincerely, Margaret.

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from my experience I would post the medical sicknote instead of asking them to fax it.

 

the week+ delay is bad but when the jobcentre faxed my sicknote not only did they refuse to give a receipt, it also went missing.

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Faxing and posting - double the chance of it not getting lost. Also when posting, staple it firmly to an A4 sheet of paper clearly marked with all your details on - name address and NI number, and ensure these things are also on the fit note.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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