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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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.

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      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.

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what benefit can i claim as i have epilepsy?


tracy4334
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I have recently been diagnosed with epilepsy and i am no longer able to work. I had previously worked as a self employed registered child minder. I have been to the benefits agency and have been refused sickness benefit. Can anyone help advise me of what i am entilted to claim. I have a husband and 1 child and a morgage. My husband works full time and i have previously paid my n.i contributions. The only thing the benefits agency have told me i am entilted to is to reclaim my self employed n.insurance contributions. Please help.

Thanks Lola

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Tracy have a look on this web site

 

Disability Living Allowance (DLA) : Directgov - Disabled people

 

also I am not too sure which local authority you come under but most Towns have a disability rights group or section of the local council who can advise you of your rights etc........

 

if you want to PM me with any info I'll see if I can dig something out for you......

 

 

I have a little knowledge as my youngest daughter is disabled...I'll try and help all I can.

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Tracy I've just realized where you are

 

check theses two out

 

 

Login

 

Sections within 'Adult Social Care'

 

 

 

 

Off the top of my head, I'm sure you are entitled to benefits and or the care component of the disability living allowance.....and then possibly a carers allowance for who ever will care for you. There will be an adviser who can go through all this with you. If you are granted the higher rate of the care component, you can then apply for the mobility component....which can be granted for limited mobility but they also take in to account you needing help to get around in case you have a seizure etc ( sorry about the spelling ) A good adviser will help you through all this..........

good luck

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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but you can get DLA. mobility component for yourself and a "named " driver to drive you around, or to use the extra DLA from the mobility component to get taxis etc..........

some authorities also provide extra buses for mobility users and they pick you up at home, for essential journeys etc.

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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Is it the duty of the sufferer to surrender their license or of the dvla to take away after an epiliptic fit/seizure.?

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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To the original poster: Tracey

You are intitled to get DLA and if you have a partner or someone who cars for you they are entitled to recieve Carers Allowence.

If you are unable to work becuase of the amount of seizures you have then also you will get Income support (not JSA) As you wont activily be seeking employment.

You should then also be able to get help with Council tax/Housing depending on your condition and personal position.

 

If at anytime you have to fill out any income/expenditure forms for any reason your DLA does NOT get taken into account, this also applies to any other monies received from DWP, the DWP do NOT take into account your DLA

 

To Taff999:

It is down to the person who has the epilepsy to disclose to the DVLA.

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to respond to taff. One seizure does not class someone as epileptic but if it is at the wheel of a car but without any other factors involved, it would be wise not to drive. I am a great believer in education to everyone about epilepsy because people are very ignorant about this condition. Some comments I have heard in my time, not yours taff, have been ill judged, uneducated and absolutely rubbish, and this is by people in professions that should know better.

 

Things like "I have never seen the like of this", "they must suffer". Some practices tant amount to discrimination. To those that know, these statements are absolute and utter nonsense.

Epilepsy can be desribed like this, a computer that shuts down for a second and then comes back on. It is more scary for those that see someone having a seizure with no knowledge than for someone who has.

Two types of seizures petit mal and grand mal. Grand mal can last for some time and the person could be out for a hour or longer while petit mal can be just a blip. Some people with epilepsy can foretell a seizure just by a feeling they have.

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good post nwsm - the reason for my post was my nan was epileptic also and never drove just set me wondering if this was one of the factors.Never knew anything about this but i suppose it makes good sense.

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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I everyone, thanks for all of your responses and information. I do not have a driving license, my husband does all of the driving. I was diagnosed with epilepsy just a few months ago. I first started having siezures 10 months ago and sometimes i can have as many as 10 small siezures a day. I do not have any history of epilepsy in my family but i know how serious epilepsy can be as my husbands aunt died due to a massive seizure aged 36 and also his cousin aged 15. i just can`t seem to get anywhere with the benefits agency, we are living from my husbands wage and child benefit. It`s a struggle. thanks to everyone for there help in this matter, i have been reading every post and i am going to the C A B armed with all this information. Thanks Lola:)

P.s I am using a friend Tracy`s computer and id to make these entrys

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Hello lola (tracy)

I suffer from epilepsy and have to give up driving.

I said that in the earlier post i made you would be entitled to DLA and other forms of benefits.

But:

The DLA does depend on how frequent your seizures are and how they effect you, do you have partial, complex, or full blown seizures?

NATWESTSTAFFMEMBER, is right in saying that some people do have a vague notion of when an epileptic is going to suffer a seizure, as this is the case with me sometimes (normally a 30 sec warning) or thereabouts.

 

When filling in ANY of the forms regarding your seizures espicially the DLA it will ask questions like:

1)can you make a cup of tea?

2) can you cook a meal?

 

They may seem simple questions but PLEASE TAKE NOTICE that they do not say it , but they mean..when you are at your worst, ie in your case when you are having a seizure, so the answers to all them type of questions would be NO!!

 

It took me over a year to get DLA and two tribunals, basicaly because i filled the forms out as any normal person would when asked simple questions like the above, because nowhere on them forms does it state that the questions are to be answered when in your worst condition.

 

Regarding your Partners Carer's Allowence:

This again would depend on what type of care you need when you have a seizure and the aftercare of that.

The same would apply to filling out any forms applying for C.A.

 

Other factors that the DWP will take into consideration when you apply for any benefit is:

Are the seizures controlable with medication (which in my case they are not)

The amount you have per day/week/month

The recovery rate per seizure (this is quiet a mixed question) because every seizure is Totaly different for every person who has them and in fact even for the same person, every seizure is different.

Are the seizures day/night or both

Do you have any kind of warning

Is there any pattern to them

 

 

They will backdate any payment for DLA if you get refused and go to tribunal and then get awarded it.

 

As for the C.A.B. well for my own personal reasons they didnt fil the forms in correctly which led to the long hard slog to finaly get DLA awarded.

 

So please when you fill the forms in you must remember to fill them in when answering as if you were at your worst.

I cannot stress enough of this point, the forms are very difficult to understand, even for C.A.B. and this is where a lot of people including myself have fallen down.

 

If you do need any help please ask me , i will help you , or one of the other members will, i can only help "from my own personal experience" and not offer any legal or advice like C.A.B do.

 

I hope this is of some use to you.

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I used to fill in loads of these forms for people and I always filled them in based on the WORST day you could have. so when they ask can you make tea, you say yes but you need someone to watch you to keep you safe in case you have a seizure. this is not deceitful because you could have a truly awful day and not have the correct support if you play your condition down. think carefully about each question and answer based on the worst scenario. also be aware that in my experience folks are usually knocked back or awarded a lesser amount. we always appealed it and were very often successful. we reckoned that the benefits agency routinely did this.

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I brought up my half sister from the age of 6 after my mother passed away, She had petit mal epilepsy and would fall suddenly while having a seizure so I had to try a protect her from hurting herself, I could`nt always get to her quick enough as she never got any warning and only knew she had a fit after it was all over, Sometimes she would wet herself, put her head in her dinner during a fit, There was times the school would not have her in until her fits reduced, I decided to note down the times for each fit for a month as a record for the doctor, one day alone she had 38 fits, This was getting me down so I decided to take her of her medication for a week to see if there is any change in the amount of fits she has, I could`nt believe it, the first day she had only one and that was the only fit she had for the week.

 

I decided to phone the hospital for a urgent appointment with the consultant, When I saw the consultant I showed him the fits record, I told him that I have stopped my sisters medication and her fits have stopped, But he would`nt have it, he insisted that she goes back on her medication and gave a different medication.

 

Today my sister is now 20 with her second child due 3 weeks, She stopped her medication when she left school and has`nt had a fit since.

 

:) :) :) :) :) :)

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Yes Lola, both ecobabe and feelingfine are very right.

It took me ages to do my daughter's initial claim, I kept picking it up and putting it down in the end I got some help from some people called Cerebra, they are an organisation for brain injured children andnt he have some very useful guides for filling in the forms...they helped with the "wording" for the "worst day" scenario..which was useful..I was so used to telling people how well my daughter was doing and bragging about her milestones that I wasn't too good about writing how truly disabling her condition can be.......

To cut a long story short I had appeals too and even had a person at the DLA office tell me over the phone that we had been rejected because her condition might improve.............my daughter's condition is degenerative and I told the "office worker" to read back through the Doctor's and social worker's notes......in the end she got awarded the higher rate and the mobility component, but it was a struggle.

Ask your Council if they have a "disability advice worker2 and it might be worth contacting the epilepsy association try the national one first and see if they have an advice worker who can help you with the form filling etc......

 

remember you have to put your absolute worst day down..it's hard but that's the way the system works.

 

good luck

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 2 years later...

hi my name is james i suffer with epilepsy, i have done now for the past thirteen years. i had my first seizure at the age of eighteen but as i have been getting older they have been getting more violent and being a self employed builder this causes a problem for me as i am not only a danger to my self but it put others at danger as well. iv been off work now for the past eight weeks and being self employed i am intitled to no benitfits is this true has anyone any advise please.

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@ tracy4434

 

You can claim DLA if your condition has existed for a minimum of 3 months and is expected to last for at least another 6 months. The previoiusly posted link for more information on DLA was incorrect, more information can be found here:

Disability Living Allowance

 

@ JRankoff

 

Eligibility for Employment and Support Allowance (ESA) depends on several factors.

 

 

  1. National Insurance Contributions [ESA contribution based {ESA©}]
  2. Income [ESA income related {ESA(IR)}]
  3. Savings and investments [ESA(IR)]
  4. Occupational Pensions and Personal Health Insurance [ESA© and ESA(IR)]
  5. Partner's employment and income [ESA(IR)]
  6. Permitted Work [ESA© and ESA(IR)]

For further information regarding ESA see

Employment and Support Allowance

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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Thank you very much tracy for your reply and help. I was wondering if i would be intitled to any other benefits because as a ceiling fixer where my job is working at hights this now has stopped me from working. Being self-employed im not even intitled to JSA. I am under the royal london hospital for observation they would like me to have a chip inplant in to my chest, this chip works the same way as a black box on a plan by recording all the bodys vital signs this has been proven most succesful as my epilepsy is very strange. Im very happy to post this information regarding this technolgy. Please can you help me as im very confused to all this.

Thank you.

james :roll:

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