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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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No help available anymore, what a waste of time. ** PLACED IN SUPPORT GROUP **


stewey
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Thanks Stu007, I ended up downloading the wrong form last time...

 

pitcher, thanks for the support, but don't worry, it was a few years ago I was that low, I was just making the point that this government and their persecution of the vulnerable could be the thing which pushes me back to that point...but it's not something I'm planning.

 

I'll have to try and get the rest of the form filled today and hopefully leave nothing out, and nothing to chance

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Thanks Stu007, I ended up downloading the wrong form last time...

 

pitcher, thanks for the support, but don't worry, it was a few years ago I was that low, I was just making the point that this government and their persecution of the vulnerable could be the thing which pushes me back to that point...but it's not something I'm planning.

 

I'll have to try and get the rest of the form filled today and hopefully leave nothing out, and nothing to chance

Hi Stewey,

Nice to hear what you say. You are right about the government, just look what so many other CAGers have posted, we can't all be wrong. Keep us informed of your progress, if you need advice, it's there and your posts may help others in a similar place to you.

My very best

pitcher

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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Hi Stewy,

Good to hear you're moving ahead with this and you are seeing this as a right, it is after all what you're entitled to.

I'm a bit hesitant to throw this suggestion your way as I know you're getting through the form and that's a task in itself, but there was just one more thing which I suggested to another on the forum and wondered if it might apply to/help you. If you're at the point where your ESA50 is nearly ready then you can always look at this as something to do whilst you wait for your form to be looked at. Don't forget you want the assessment recorded and if there are only certain days you can have someone with you, make sure you tell them you're not available on the other days. Having someone with you is a real bonus, doesn't matter who it is really.

 

Anyway there are certain times when some people won't actually score points on the descroptors but can still be classed as unfit for work related activity ie The Support Group they are known as clause 29 and 35. Not knowing the ins and outs of your condition, but your GP may feel happy to sign such a letter for you. The link goes to some templates about a thhird of the way down the page and it's one for you and one for your GP. If for example you send off your ESA50 and in the meantime your GP is happy you fit into the category, if you are then called for an assessment you can either go and give the assessor this letter or contact them beforehand and say you now have this letter quoting the clause numbers.

 

As said don't let it get in the way of getting your ESA50 done it's something that may be useful after that. It's all worth a try to avoid further stress etc.

 

http://www.blacktrianglecampaign.org...triangle-dpac/

 

As always wishing you all the best and let us know when you've sent it recorded delivery, at least you can relax for a bit.

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Just want to add my best wishes as someone who understands life with extensive autonomic nerve damage. I wasn't called for a medical and was put into the Support Group group based on the info on my form. Hope you get the same result as I did. .

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:stewey:

 

Latest official procedure for getting an Atos assessment audio recorded can be found at;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment/

 

Unfortunately their system isn't reliable so include a request on page 2 (repeated in any other spare space) of the ESA50 questionnaire that any face to face interview be audio recorded. Also, send a separate written request. (Pref recorded delivery, at least get a certificate of posting.) Both are written evidence, should it be needed, that you asked for an audio recorded assessment.

 

Best wishes, Margaret. :panda:

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Thanks for that Margaret, I plan to record it covertly too.

 

I went to CAB yesterday and they went over the form which my daughter had already filled out most of (dictated by myself) and said they would be surprised if I was asked to attend an assessment. I said I didn't think I'd be that lucky but the guy said "Let's hope common sense prevails" I'm sure that common sense has shown itself to be in extremely short supply with the Tories and Fib Dems coalition, and with Atos.

 

dibadabables, that's a good link to talk to my doctor about thanks.

 

I watched the programme about the Atos training, what a shocking way of operating. The government can claim they are suspicious of the doctors motives because he stood as a Labour candidate, but they cannot deny all that was said by the training woman, or some of the other staff's comments. They should be taken to court in a class action law suit, both by we who are still fighting, and the families of those who have been pushed to suicide by Atos.

 

I haven't sent it yet, but will get it off on Special Delivery on Monday as it needs to be in by Wednesday.

 

Fingers crossed, and thanks again for all the advice and support. Hope I'll be in a position to offer the same once I've got this over with.

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Well, all sent off by Special Delivery yesterday and I have the receipt if it doesn't reach them by Wednesday...all in the lap of the Gods now!

 

Thanks again and I'll keep you posted.

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Well, all sent off by Special Delivery yesterday and I have the receipt if it doesn't reach them by Wednesday...all in the lap of the Gods now!

 

Thanks again and I'll keep you posted.

Well done Stewey. This maybe all you need to do but It's not in the lap of the gods. It's in the hands of ATOS, not quite the same thing!

From what you've posted I think it should be a "no contest" decision in favor of your good self. If you get zero points (not likely), please don't cave in. You will find yourself in the same place as countless CAGers have found themselves in. You will find lots of support and first class advice here, that's what all the good people at CAG do. You're not alone.

With hope

pitcher

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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Thanks pitcher, I have an important medical test in hospital tomorrow which I'm having filmed as they carry it out just so that any future appeals tribunal will be able to see how little physical activity I'm able to do before becoming incapacitated. There'll be a medical report but I asked the consultant if I could have someone film it too and he was fine with that.

 

Anyone know how long they'll take to come to a decision and how long DWP will take to inform me, and if the worst happens, cut my money?

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Thanks pitcher, I have an important medical test in hospital tomorrow which I'm having filmed as they carry it out just so that any future appeals tribunal will be able to see how little physical activity I'm able to do before becoming incapacitated. There'll be a medical report but I asked the consultant if I could have someone film it too and he was fine with that.

 

Anyone know how long they'll take to come to a decision and how long DWP will take to inform me, and if the worst happens, cut my money?

 

 

Well done for getting through this bit.Allow yourself a bit of a breather now. I realise you're not out of the woods yet, but, your attitude to all this has changed since you started this thread. You sound a lot stronger now and coming up with the filming idea is brilliant. Hopefully you'll never need it, but it's really good you have things in place to take to a Tribunal, it does give you strength when you have proof etc.

 

As regards time, it really does vary. In my own case for example I went from Incapacity benefit to ESA and it took 16 days from when I sent the form to having a decision, this time it's been 8 weeks from them receiving it to me asking by email and them telling me I am not being asked in for a medical, that would normally suggest I will be staying in the same group, but I've had nothing in writing about their decision yet and was told it would be about another two weeks which should be the end of next week, so I'm not going to be hopeful until I see it in black and white. So that would mean if it does come then it would have taken 10 weeks. I have known people wait for months and months, it really does depend on their workload.

 

Payments wise one would think there'd be some rules about giving notice but others experience tells me there don't seem to be any hard and fast rules here. Some have only known the decision, when they notice that no payment goes in when they were expecting one. So in a nut shell, there's not really any way of knowing. But once a decision maker decides you no longer qualify that decision is affective straight away.

 

So just relax for a bit now and let them get on with it, hopefully it will all be okay, but worrying won't make the decision come quicker or make it good or bad.

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Yes, you're quite right dibdabable, no point worrying...

 

When I decided to film the medical test (it's a cardio-pulminory exercise test which I'll probably not even get 1 minute into) I was also thinking ahead to the DLA changing to PIP as that's yet another nightmare ahead of us. I got a letter saying if your award was 'indefinite' then they would contact you closer to 2015, but I'm thinking maybe this switchover to ESA might trigger an early switch to PIP too...only time will tell I guess.

 

Glad yours seems to have worked out for you, you must have had someone with a little common sense deal with your claim.

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Thanks pitcher, I have an important medical test in hospital tomorrow which I'm having filmed as they carry it out just so that any future appeals tribunal will be able to see how little physical activity I'm able to do before becoming incapacitated. There'll be a medical report but I asked the consultant if I could have someone film it too and he was fine with that.

 

Anyone know how long they'll take to come to a decision and how long DWP will take to inform me, and if the worst happens, cut my money?

Hi stewey,

I've not heard of anyone going to the lengths you have gone to, in fighting your case! Well done, it can't have been easy for you. If you don't get what you deserve then you could make a TV documentary about it. I think you are onto a winner (I mean ,only what you are entitled to) . Please be aweare a lot of good people, like yourself have been had over by ATOS. It's not the end of the world. It may hit you hard but all help is here. Hope for the best (just what you are entitled to) but if you have to appeal, you will have a story that will show the shame ATOS is.

My very best to you,

pitcher

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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  • 2 weeks later...

Well, that's 2 weeks since they received my ESA50 and I haven't heard a word. Starting to wonder if that's a good thing or a bad thing, or whether it has no significance at all :|

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Well, that's 2 weeks since they received my ESA50 and I haven't heard a word. Starting to wonder if that's a good thing or a bad thing, or whether it has no significance at all :|
Hallo stewey,

two weeks may seem like a life time but you have sent in a lot of information. I think ATOS will contact any or all the consultants you may have mentioned on your ESA50 form. This takes time, plus your consultants may well take their very own time in responding. Have a look at some of the threads in the benefits & HMRC section and I think you will see ATOS works at its own pace.

Hang in there,

pitcher.

 

 

P.S. If my posts have been of use, please click my star, it might get me out of the red!

Pitcher.

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Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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From experience, they can take ages to respond. When I sent mine, I never got a letter (does anyone?) saying it's been received.

There you go stewey!

right from the horses mouth (not calling you a horse, Nystagmite).

let them take their time, with all the infomation you gave, it will take time but don't let them get you down.

my very best,

pitcher.

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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As others have said, two weeks seems like an eternity of waiting but to be honest they probably haven't even looked at it yet. I know a lot of people seem to think that waiting a short time or waiting a long time has some bearing on the outcome but it really doesn't.

I've had two very different scenarios last time I sent my form off and within 16 days I had a letter from the DWP stating their decision.

This time I sent it off on February 6th and haven't heard anything at all from the DWP. However I contacted ATOS on April 2nd and they said they'd sent a decision back to the DWP saying they'd advised I didn't need an assessment. I left it until today and the DWP haven't any decision on their system even though they know that Atos have sent something, so she said that given they haven't asked for me to be assessed I can take it that I'm remaining in the same group.

 

I know some people haven't ever heard the decision, when they've stayed in the same group which I think is terrible. Anyway what I'm trying to illustrate is that it all depends how big a case load they have and it is simply a case of you being patient and waiting. To my knowledge they are not particularly bothered about following up on Consultant or Doctors advice, usually relying on what's in front of them.

In another 2 weeks contact ATOS by email and ask for an update. I have always received a response within 30mins to an hour and once you're in contact with a particular person, they respond pretty much straight away. They'll be able to at least tell you if your file is being looked at or not.

 

Here's the email;[email protected]

 

Patience

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Just catching up with your thread and wanted to wish you all the best. As said, it can take quite a while - sometimes months - before you hear back about the ESA50. By the way, very very impressed with your idea of video recording your hospital appointment, that will be a big help if it's needed. And a pat on the back to your Consultant for being happy with it.

Oh, I noticed your earlier comment about it being 'in the lap of the Gods'. I see you have a touch of dyslexia. It's with ATOS. Didn't you mean it's 'in the lap of the dogs'? :lol:

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Just catching up with your thread and wanted to wish you all the best. As said, it can take quite a while - sometimes months - before you hear back about the ESA50. By the way, very very impressed with your idea of video recording your hospital appointment, that will be a big help if it's needed. And a pat on the back to your Consultant for being happy with it.

Oh, I noticed your earlier comment about it being 'in the lap of the Gods'. I see you have a touch of dyslexia. It's with ATOS. Didn't you mean it's 'in the lap of the dogs'? :lol:

Hi Rae,

A touch of dyslexia?

Is a God to live in a dog? No! but the highest are of us. They shall rejoice, our chosen: who sorroweth is not of us.

speaks for itself,don't itshocked.gif.

stewey has done so much to get what is deserved. If It takes time, then I'd look on it as ATOS doing their job. With so much work, video and all, it should be a forgone conclusion.

ATOS may still **** it up. If so, this is the best site for advice and support.

Go stewey!

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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Thanks for all the responses guys...and that email may come in handy dibdabable, thanks.

 

Nice point RaeUK, I just hope they're not government pitbulls lol

 

I'll just keep checking my bank account on benefits day and hope I don't find out that way. I've been dreading logging in to my account to find my money has been cut drastically before I've even had a letter from them.

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  • 4 weeks later...

I'm elated...I never heard from Atos, but just got post from DWP telling me I've been placed in the support group...no medical requested by Atos...a huge weight off my mind! (I've even ended up with nearly £5 a week more money too!)

 

I do feel a bit guilty though as I know so many others are not getting the results they deserve...keep fighting people Herr Duncan Smitz is bound to be gone soon anyway!

 

Thank you to everyone who posted advice and the moral support. It did give me the will to fight and not just give up.

 

I'll keep coming on and hopefully be able to offer some advice and support to others. Need to digest this now, maybe pinch myself very hard ;)

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Well done Stewey and congratulations. To add to the celebrations I too had a letter yesterday saying I'd be staying in the Support Group.

One of the things we can all learn here is perseverence and planning your application are absolutely vital. Giving as much info beforehand will often mean like you and I Stewey a medical exam is unecessary. My only downside is that they've said they'll reassess in a year which is actually 9 months now, but well I can get on with living this life.

Yes being successful does make you want to help others get their entitlement, so it would be great to see you in that role now Stewy. Congratulations once again time for a treat now after all that worrying.:-)

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Thank you dibdabable, and congratulations on your own result. I'm sure the reassessment will be a formality, I hope so for your sake. I don't think mine says anything about that but I'll have to check, although I'm sure no award will be without it's reassessments down the line now. My DLA was indefinite but of course the PIP (if I qualify) will be reassessed at regular intervals...I should be able to relax at least until the PIP assessment comes calling. I'm sure I'll have no choice but to attend a medical for that one:(

 

I can go sort out an MOT for my car now. I got rid of my motability one when all these cuts were announced and Motability changed their policy so that if you lost your benefits you lost your car immediately and didn't get to keep it for the duration of your appeal. I thought what was the point in paying so much for a car which could be taken away with a few days notice so just bought my own old one. Right, I'm off to attempt a day where I can actually get something worthwhile done:)

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I'm elated...I never heard from Atos, but just got post from DWP telling me I've been placed in the support group...no medical requested by Atos...a huge weight off my mind! (I've even ended up with nearly £5 a week more money too!)

 

I do feel a bit guilty though as I know so many others are not getting the results they deserve...keep fighting people Herr Duncan Smitz is bound to be gone soon anyway!

 

Thank you to everyone who posted advice and the moral support. It did give me the will to fight and not just give up.

 

I'll keep coming on and hopefully be able to offer some advice and support to others. Need to digest this now, maybe pinch myself very hard ;)

 

Well done stewey, it's nice to hear some good news, for a change. The nightmare is over for you. my very best, pitcher

Awop-Bop-A-Loo-Mop-Alop-Bam-Boom. ~ Little Richard.

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