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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 
      • 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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So what when ATOS makes you homeless


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My wife will soon be going for one of the Atos assessments as she has been on incapacity benefit for around 16 years now due to a degenerated disc in the lower back, which causes walking, sitting standing dificulties. On looking at other messages, it seems she has little chance in keeping this under the new fit for work process. Our issue is that she doesn't have her own transport and public transport she cannot use as she is unable to stand in queues etc. and the Jobcentre plus is over a mile away. This would mean me taking time off work to take her to the Jobcentre plus each time she is asked to go there. She has not been able to have a social life for years now, and I mean by that - she cannot do any shopping, housework is very limited, and I have to do things such as cooking, washing up etc. as it is painful to stand in one position.

But our real concern is that if she loses the money or has it reduced, it will leave us homeless as my income is nowhere near what is needed for this area of the country. We had to sell our house a few years ago because of debt and are in rented accomodation and wouldn't be able to afford that either. So what about all this added stress, is anyone going to care about this. To top it all as we are in an IVA we would also be made bankrupt as we wouldn't be able to afford these payments either. This would also jeapodise my job as they don't accept anyone who goes onto bankcrupcy.

I don't beileve anyone in Government realises what stress they are putting on people just because they have been left with a condition which is not their fault

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I would like to say 1st that try not to worry. The process for ib to esa is fraught one. The premise behind the ESA is what can you do and not like IB's what you cant do. Sounds fairer? In practise as you have seen from your reading this is not exactly the case.

 

If the form is completed with an attention to detail and not just ticking box after box with a short answer then in my opinion it will help. I think it also helps having some paperwork from doctors / consultants.

 

I would personally ensure that a recording is made of the assesment, so later on it can be available for you to be able to compare what has been said and what was actually recorded.

 

I dont think i have read a post where the HCP was anything other than pleasent (no doubt there will be some) but reading from other posts it has been said you are monitored from the moment you enter. If there is anything you havnt sent to them already like consultant letters then the HCP should use them in your assessment. Its been said in lots of posts that the questions and assumptions they make are frankly ludicrous. If asked about moving etc always say how much pain , if its repeatable and the consequences of doing that action. Eg if asked going up stairs say what pain this brings you , if you could repeat it and if this leads to other problems later on. They should give you enough time to answer each question fully. I would also be careful of any yes / no answers to questions, if it varies say so and the details. It is not guarenteed that the will physically examine you but may ask to perform some actions, make it clear pain/repeatability/consequences of those actions.

 

The decision maker at the DWP is the person who , based on all available evidence, decides on ESA and what group descriptors have been satisfied for placement into either the WRAG or SG.

 

I hope this helps, im sure others will point out any inaccuricies in what i wrote.

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I think you should speak to your Citizens Advice and local council about this to find out what would happen if part of current benefits is removed. I think you need to find out as much information as possible, so you can see what help is available.

 

This is not an ATOS problem as such, but something you will need help with in the battles you may have with DWP.

We could do with some help from you.

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