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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
      • 160 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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Atos medical - very interesting


Lucky7even
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Attended my ATOS medical yesterday.

 

The woman who saw me said she was a nurse.

 

She checked my pulse and said it was irregular.

 

She checked my blood pressure, it was higher then normal!!

 

She then asked me a lot of questions, and all I could do was answer her as honestly as I could!!

 

My MIND advocate stated to her that I was currently waiting an outpatient appointment with adult mental health because I have long term issues, and that my gp has said I am not fit for work!!

 

I described as best I could how my heart problems were - I have sinus tachycardia which makes me breathless on the least exertion.

 

How my mental health is - not very good which is why the mental health team have been contacted again!!

 

She also asked about how do I pay the bills - I stated my partner does that side of things because he pays the mortgage etc etc!!

 

Various other questions like do I cook, do I bath or shower, do I watch tv to which I replied I have to be in the mood!!

 

She then asked me can I walk to the shop - I replied no because it was too far, then she asked can I walk to the bus stop to which I said yes but I take my time and when I get there I stop and rest as I am out of breath!!

 

She seemed to be polite though and sympathetic - but I am aware of the lies that re told on the reports!!

 

I have already requested a copy of the ESA85 ATOS medical report - I phoned them up when I got back!!

 

How is best to appeal if I get turned down, and can I ask my gp for a medical report to send in with the appeal!!??

 

Thanks!!

 

:|

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Good luck with the outcome!

 

Did you have a MIND advocate with you for the interview?

I have just contacted them on behalf of my partner, who has already lost his Incapacity Benefit, but unfairly, we feel. He has suffered from severe depression, social anxiety and agorophobia for years. He was interviewed by a Midwife, and declared fit to work.

 

I am interested to hear if having an advocate makes any difference in these proceedings, as this may be a way forward for us too :-)

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Hello and welcome to CAG.

 

Yes, it's worth having an advocate if you can find one, because they understand the system and have seen this all before.

 

Are you appealing the decision about IB? If you are, it can be discussed on your own thread. I see you have 2 posts, so maybe you've already asked this.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I asked the DWP for a copy of my ESA85 ATOS Medical Report, and was amazed at what they recommended.

 

They stated that I was to be placed into the support group criteria with a mind to be reviewed in the medium term!!

 

I was suited for the for that I could not walk at least 50m because I suffered shortness of breath due to the heart condition I have!!

 

I just now wait to see what my award letter states!!

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I asked the DWP for a copy of my ESA85 ATOS Medical Report, and was amazed at what they recommended.

 

They stated that I was to be placed into the support group criteria with a mind to be reviewed in the medium term!!

 

I was suited for the for that I could not walk at least 50m because I suffered shortness of breath due to the heart condition I have!!

 

I just now wait to see what my award letter states!!

 

Well done Lucky7even, now relex and think positive

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  • 3 months later...

I filled in one of these last year, I had attended a medical in November and was placed onto contributions based ESA - Support Group.

 

Today after being in the support group for 3 months, I received yet another bloody ATOS medical ESA50 questionnaire.

 

I am stressing about it already; my medical problems haven't changed and remain the same.

 

I'm still on the same medication as when I attended the medical.

 

I was born with heart problems, have long term mental health since 1990, and cant believe this again!!

 

If I fill in the questionnaire again, what if I loose the support group status!!?

 

I am simply in no fit state to work, I am under constant care of my gp, and I have a MIND advocate who helps me with problems with my benefits.

 

I've had more the enuff stress in the past 10 years, I cant keep filling in these poxy forms every 3 months!!

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  • 3 weeks later...

I just cant believe this with ATOS.

 

Last year, they sent me the ESA50 to fill in which I did.

 

I went for a medical in November, and was placed into support group with a review in the medium term.

 

Mid March, I received yet another ESA50!!

 

Its only been 3 and a half months since the assessed me!!

 

I have complained to my local MP about this.

 

I sent ATOS an email asking if they got the completed form, its sat on someone's desk waiting to be reviewd!!

 

What can I do if I fail the support group, or get called for another bloody medical!!???

 

I have heart trouble and long term mental health issues.

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:Lucky7even:

 

Apart from a complaint (harrassment?) to your Member of Parliament, there's nothing you can do. Jobcentreplus can reassess a claimant's capability for work any time they choose to do so. The recommended times for reassessment are only recommendations which are frequently overridden.

 

Dependent on what evidence you've submitted and what's on the last ESA85 there's a chance your case may be 'passsed on re referral scrutiny', but if not Atos can write to your doctor or insist you attend another assessment. Do you have a copy of your last ESA85? If not, one's available on request from your benefit delivery centre.

 

Remember that many claimants do 'pass' their work capability assessment, but should you be unhappy with the result you can appeal, within one month of the date on the decision letter, via letter or using a GL24 appeal form.

 

Best wishes, Margaret. :panda:

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I think this is just the way they do things, they reassess people who will never get any better, ever so if you have something that could improve they assess you over and over. I have been on ESA for a year now and have been assessed three times. Each time they give me 6 months in the support group (still waiting for the outcome of my last assessment) but they send me a new ESA50 just three months after I am give the award!

 

I take it this is to both make it increasingly difficult for people who claim ESA and also to make ATOS more money as they are paid for each assessment that they do.

 

I find it very unfair as often they are sending out new forms before a new course of treatment has had a fair chance to run or you are still awaiting treatment, then those last three months of you support are spent worrying about your ESA when they could be better spent getting better if possible. I have been less anxious this time waiting for my result (I am on antidepressents now) but last year I was a total mess and it did make my health worse.

 

I would understand if they reassessed you at the end of the award period but as they start the process half way though you end up feeling persecuted and anxious. They do this so that if they find you not eligable for ESA you don't get a penny over the period they awarded you last time.

 

I think they are too aggressive and that is all very counter productive, I feel certain more people would improve sooner if they actually gave people more time to recover.

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Make a formal complain to ATOS, in writing.

Ensure you get 'proof of posting' from the PO counter which is free.

 

What, if anything, has your MP said?

These criminals need shutting down and fast, before they kill anymore of us.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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