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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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ESA Reg 29/35 Arguments and New Appeals System Factsheets.


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Recommended Posts

CPAG Fact sheet on how to apply the legal tests for Reg 29 & 35 in an ESA appeal

 

http://www.cpag.org.uk/content/making-exception

 

Martin Williams takes a look at preparing appeals in cases involving the work capability assessment where the argument concerns the risk of substantial harm to the claimant or another person in the event they are not found to have limited capability for work (or work-related activity).

 

Appeals and reconsiderations Disability Rights UK Factsheet F36

 

http://www.disabilityrightsuk.org/appeals-and-reconsiderations

 

This factsheet is about how the Department for Work and Pensions (DWP) can change a decision and how you can seek to change a DWP decision by asking for a ‘revision’ or a ‘supersession’ (together known as a ‘reconsideration’) and how to appeal against a DWP decision.

 

HM Courts & Tribunals Service Guides to Appealing a DWP decision.

 

Form SSCS1A - How to appeal against a decision made by the Department for Work and Pensions.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs1a-eng.pdf

 

Form SSCS1 - Notice of appeal against a decision of the Department for Work and Pensions.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs1-eng.pdf

Edited by speedfreek
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Anything for you HB :-D

 

May as well join up this to this post on UC too

 

Advice for Decision Making on all benefits introduced April 2013

 

http://www.dwp.gov.uk/publications/specialist-guides/advice-for-decision-making/

 

Basically everything you need to study up on!

 

Advice for Decision Making (ADM) provides guidance on the following benefits introduced in April 2013:

 

Universal Credit (UC)

 

Personal Independence Payment (PIP)

 

New-style contribution-based Jobseeker’s Allowance (JSA) in accordance with the Welfare Reform Act 2012

 

New-style contribution-based Employment and Support Allowance (ESA) in accordance with the Welfare Reform Act 2012.

 

We are providing this guidance in ADM to distinguish it from existing guidance on other benefits in the Decision Makers Guide (DMG)

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Might add this in as well

 

http://www.dwp.gov.uk/docs/dmgch42.pdf

 

Chapter 42 - Limited Capability for Work and Limited Capability for Work-Related Activity

 

Bit of a monster read but......

 

Has loads of examples on just about everything ESA. Almost if not all ESA scenarios from Mail not turning up - to how to be classed as not participating in a WCA. It's got the lot tbf.

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Can we sticky this please? Some useful information here. Thanks for posting!

 

We're looking at it, speedy and Nystagmite. It just needs to be in the right stikky/ies. :) Some of what speedy posted could be best used in the appeals stikky for instance, maybe we can let you know?

 

HB

 

HB

Illegitimi non carborundum

 

 

 

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Anything for you HB :-D

 

May as well join up this to this post on UC too

 

Advice for Decision Making on all benefits introduced April 2013

 

http://www.dwp.gov.uk/publications/specialist-guides/advice-for-decision-making/

 

Basically everything you need to study up on!

 

Hi thanks for this post, very useful. Was wondering if anyone could help with my circumstances.

 

I am in the ESA Support group since December 2008, because I am disabled, my pension advisor told me I could apply to draw on my private pension. I got a lump some of roughly £4000 and I also receive £10 per week (paid monthly). The DWP deduct the full amount of my £10 from my benefits.

 

Now upon reading this link, in the ESA section there is a pdf regarding pension payments. From my understanding in this link, you are allowed to keep the first £85 per week of your private pension, which means DWP are taking this money in error.

 

Here is the pdf http://www.dwp.gov.uk/docs/admv1.pdf

 

If you scroll down to points V1126 and the example in V1142. Any assistance would be appreciated.

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:Advice for Decision Making:

 

The employment n support and jobseekers sections of the Advice for Decision Making only apply to awards that are wholly based on national insurance contributions. For all income related, or partially income related, awards (pre and post April 13) occupational/personal pensions count as income to be deducted £ for £ from the award.

 

Margaret.

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