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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 
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    • 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 ATOS assessment required?


seanamarts
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Need some help understanding this.

 

Gets ATOS form, filled it out. No response for almost 5 weeks, so email sent.

 

What comes back is this.

 

Thank you for your email.

 

I can advise you that we have provided medical advice to the Department for Work and Pensions (DWP) on 3rd May without the need for you to undergo an assessment. The referral to Atos Healthcare was subsequently closed and returned to the benefit office.

 

It will now be for the Decision Maker at the benefit office dealing with your claim to consider all of the available information, decide on your entitlement to benefit and inform you of the outcome of this.

 

 

Why wasnt the claimant told what the decision was before they sent it back to the benefits agency? And what was this medical advice?

 

Isnt the claimant supposed to know? Nothing has been sent from DWP as of yet!

 

Not knowing much about ATOS and their procedures, is this correct?

 

Information would be most grateful so I can pass this on, Many thanks.

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Hi seanamarts.

 

Other people here know more than I do, but I think this could be to do with Atos and the DWP being separate organisations. Atos do the 'medical' assessments, the DWP make decisions about whether a claim is allowed or not.

 

I imagine the papers are now with a DWP Decision Maker [DM] for a final decision. They can decide to allow someone's benefit without seeing them, especially if there is other medical evidence available.

 

Atos are rubbish at communication, as a quick read around this forum shows.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Its ridiculous, How do people know whats going on unless they tell you.

 

So its a sit and wait game now then, so pointless, why dont they just get your own GP to do it in the first place, would save so much money in the long run, plus GP's could have the money to put to the surgery to pay for other medical needs.

 

This is so ass about face :evil:

 

Cheers for that HB :thumb: I will pass this on.

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It is indeed a strange system and it would have been better for all assessments to have been carried out by the NHS.

Not everyone needs a face to face WCA. If the ESA50 contains sufficient supporting evidence then you can be filtered straight into the WRAG or Support Group. It does take a little while, but what should happen next is the person will receive a phone call from the DWP to notify them of what has been decided. Not the end of the world if they miss the call as it will be confirmed in writing.

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:seanamarts:

 

:honeybee13:'s spot on in that Tatos make a recommendation of fit for work/limited capability for work/work related activity. It's then up to a Jobcentreplus decision maker to accept the recommendation, or if they've other evidence, weigh up all the evidence on a balance of probability. Don't know the exact % of upheld Tatos recommendations at the moment but it's well over 90%.

 

So what've Tatos recommended? Without waiting for the decision, the claimant can find out by phoning or writing to their benefit delivery centre for the ESA85A report which is available on request. Also, it's more likely than not, that Tatos contacted the claimant's doctor/another health professional so the claimant may want to enquire whether anyone treating them has been approached for info. A claimant can't be found fit for work without a trip to Tatos.

 

:-) Margaret.

Edited by **Margaret**
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:A Very Strange System:

 

Once upon a time access to sickness/invalidity benefit was via Med 3 (sick note) certs from one's doctor. Divisional medical officers from the then Department of Health n Social Security made random checks on about 10% of claims and less than 0.5% of claims were found to be fraudulent. Can't remember exactly what the medical officers got paid but it was probably comparable with what a Tatos doctor gets paid today.

 

Fast forward to employment n support allowance. £110,000,000+ per year to Tatos. A further £60,000,000 and rising, to the Tribunals Service. And each appeal against an employment n support decision costs Jobcentreplus at least £55. The fraud rate across disability living and employment n support remains less than 0.5%.

 

A very strange system, n a very :???: Margaret.

Edited by **Margaret**
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Just an update,

 

Claimant has been placed in support group and getting the full amount once they have sorted her SDP.

 

Would any one know if this is a yearly thing, as my son has to go again this year for the 2nd time.

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:seanamarts:

 

Congrats to your friend on securing her entitlement. :-)

 

In addition to a recommendation concerning capability for work Tatos also recommend (subject to approval by a decision maker) when the claimant should be reassessed. Can be anything between three months and three years but it's not set in stone. Jobcentreplus can reassess any time they choose to do so. Recommendations aren't shown on decision notices but the Tatos suggestion will be on your friend's ESA85A report. Available on request, via phone or letter, from her benefit delivery centre.

 

Margaret.

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