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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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From Support Group to WRAG with no assessment


eliotnpt
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Last October Atos failed me but following a review of my case during appeal I was placed in the Support Group. 10 weeks later I received another form to complete for yet another examination, I completed this and sent it with a large file of documents to further support my illnesses. My MP, who had been actively involved in my appeal, also contacted the department to find out what was going on. That was March this year.

 

Today, some 7 months later, I receive a letter stating I am being removed from the Support Group and placed in the WRAG, stating... "We have looked at your claim again following a recent change", states my benefit will be reduced and then adds "This is because of: a decision on your capability for work. You have moved from the Support Group to the Work Related Activity Group".

 

I have not notified them of any change, there has been no change (other than a further deterioration in my health), I am almost 61 years of age and have already been told I will be moved to Pension Credits at age 62, and one of my illnesses is agoraphobia which means I very rarely can leave my home. Indeed, my young son recently died and his funeral was yesterday and I could not even attend!

 

I know I am able to appeal this changed decision. Does anyone have any advice on this?

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I had my case fully reviewed less than one year ago following a rejection by Atos and I was told I needed to be in the Support Group. I had a follow up ESA50 2 months after this review and submitted it, together with supporting documentation, and my Support Group status continued. It will be just over a year before I can claim Pension Credits.

 

Since leaving the opening post I telephoned the ESA and requested an appeal form. A very nice gentleman asked me some questions and made a check of my file on the computer. He said there was nothing recorded there to say there had been a change in my circumstances, there has been no reports of a change in my circumstances, there is no information at all other than a short note which he read, and it stated that I was previously in the Support Group and had now been placed in the WRAG. I must say, he did sound very surprised that there was no detail whatsoever and he said he would send me an appeal form out today.

 

Edit - Yes, I qualify for the Support Group in a number of different categories.

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I receive a letter stating I am being removed from the Support Group and placed in the WRAG ...

 

I never fail to marvel at the wondrous healing properties that a good bureaucracy can bestow!

Fingers crossed that this is some computer generated mishap. Best wishes.

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  • 2 weeks later...

After much thought and realising that it is always possible to be placed into the WRAG and then, on appeal, lose the ESA completely, I have decided that an appeal is in order on this case.

 

Being given a changed decision with absolutely no contact from the ESA department, nor my reporting any change of circumstances, and since my health conditions continue to deteriorate, then I feel an appeal against their changing me from the Support Group to the WRAG after some 11 months, is in order, especially since there is no reason for this change given on my records.

 

So, here we go again and I will post more when I have the information.

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What a difference a day makes!

 

This morning my appeal was printed for me and placed in an envelope to be posted. I then had to telephone the JobCentre to change my first WRAG interview to a telephone interview, and advise that I had lodged an appeal against the decision to move me from the Support Group to the WRAG. Sounds easy enough, but their use of a call centre is appalling! Finally I got through to speak to someone, finally they said they could not help and would I like to be transferred to my local JobCentre office - something which could have been done straight away. The ESA team were all busy and so the switchboard took some details from me and said they would arrange a call back.

 

Less than 15 minutes later I was called back by a very nice sounding lady who said she had received the message and had taken a look at my file. She said there had been an error, I did not need to have a WRAG interview because I was still in the Support Group. No actual information of what had happened was forthcoming but she did offer a sincere apology and told me to ignore the letters I had received. She also gave me her direct telephone number in case I have any further problems or queries. She had also checked my Pension Credit date before phoning me and told me to arrange to contact the office at least one month before that date to ensure they were transferring me from ESA to Pension Credits.

 

An error. It is a relief and errors can happen, but deep in my bones I am now expecting another ESA50 to come through the door for me to go through the entire process again. What I find most strange is that this is now the 3rd time in 11 months that I have had issues regarding my benefit following

the transfer from IB to ESA, and had an IB medical less than 9 months before my first Atos. Yet I know for certain that others in my area, most under 30 years of age, are still receiving IB and have not even heard of ESA let alone been called for an Atos assessment. I am naturally a suspicious person but it does seem rather odd that there appears to be many people still receiving IB yet those now receiving ESA are being repeatedly hounded in one way or another.

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