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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.

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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 awarded (WRAG) some queries, please help


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hi

after an atos medical I have been awarded WRAG ESA, and found to have Limited capability for work.

I thought there would be another medical called Limited Capability for work related activity. But ive been given a Personal Advisor Interview and been told i dont have LCWRA.

 

Can someone please clarify.

Maybe the LCWRA test was done in my atos medical? I did a basic arms and leg moving test.

 

Also i was not told about my scoring on atos medical. Just a letter saying ive been put in wrag.

 

Should I ask jobcentre for my medical report, for my records?

Ive done a number of medicals and appeals, and finally been awarded ESA.

Im pleased with the outcome. Just not sure if i need to do anything now and checking all is correct.

 

Also should i ask for a written statement of reasons?

I dont want to appeal or have them reconsider, im just thinking maybe i should get as much info from them for my own records. Or will they reconsider automatically if you ask them for statement of reasons?

 

What can i expect at the Personal Advisor Interview?

 

Also the arrears of backdated ESA.

Would this directly affect Housing benefit and council tax benefit?

The esa arrears will have deductions for above?

If so, seems the added esa wrag £ component, although good news, will be used to

offset some housing benefit reduction...? not sure.

complicated, not sure how better off or worse off i am, after this WRAG £.

 

And DLA, would that push housing benefit / council tax benefit down?

 

thankyou for any help given.

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Can someone please clarify.

Maybe the LCWRA test was done in my atos medical? I did a basic arms and leg moving test.

 

Also i was not told about my scoring on atos medical. Just a letter saying ive been put in wrag.

There are two considerations at the ATOS medical - do you have Limited Capability for Work (LCW) and do you have Limited Capability for Work Related Activity (LCWRA)? If you have LCW but not LCWRA you will be placed in the WRAG. If you have both, you will be placed in the Support Group (SG). And of course, if you're deemed to have neither, you are not entitled to ESA at all.

 

So it would seem that you've been found to have LCW but not LCWRA. A different method is used to determine each.

 

LCW is based on a "points" type scale - the assessor (and then the DWP Decision Maker) looks at various descriptors and assigns points - if you score 15 or more, you are deemed to have LCW. There is another set of descriptors, often known as the "Support Group Descriptors" that are used to decide whether or not you have LCWRA. You will be deemed to have LCWRA if you satisfy any one of these descriptors, and it's a "yes/no" question - points are not used.

 

So the ATOS assessor/DWP DM has decided that you have LCW but don't satisfy an SG descriptor.

 

Should I ask jobcentre for my medical report, for my records?

Ive done a number of medicals and appeals, and finally been awarded ESA.

Im pleased with the outcome. Just not sure if i need to do anything now and checking all is correct.

 

Also should i ask for a written statement of reasons?

I dont want to appeal or have them reconsider, im just thinking maybe i should get as much info from them for my own records. Or will they reconsider automatically if you ask them for statement of reasons?

By all means ask to see the ESA85 (report from your medical) and ask for a written statement of reasons if you wish. You're entitled to these and doing so won't automatically trigger a reconsideration or appeal unless you want to do so.

 

Also the arrears of backdated ESA.

Would this directly affect Housing benefit and council tax benefit?

The esa arrears will have deductions for above?

No, backdated ESA will not affect your HB or CTB. In very general terms, neither should your DLA.

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