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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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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.

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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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My overall Benefits journey from 2013 to date - and on going still!!


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yes i know about the hb/ct situation, i was just asking about the ib, thanks guys for the answers it does seem like its just a change of address, i went into a mini-panic mode for a bit lol....thanks again.

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Hi everyone. I was found fit to work by atos in 2009, due to bipolar disorder and fibromyalgia, both diagnosed and letters provided by the appropriate specialists I won my tribunal 15 months later and was re-instated on IB, the DWP said they had been advised to leave me on it for 3yrs but I would have to fill a form in after 2yrs due to the ending of IB and the new ESA being brought in by 2014. I am expecting this form within the next month or so, and an atos assessment and of course to be found fit for work, regardless of my health issues.

 

I don't think I have the strength to go through the whole appeal process again, its obvious I am unable to work and if they force me onto jobseekers then I really don't know what on earth they will do with me, or who in the hell would employ me. As well as the bipolar, I suffer with a lot of fibromyalgia symptoms, including the short term memory loss, severe fatigue and pain.

 

When they found me fit in 2009 my letter arrived the day before my benefit was due, telling me I wasn't getting it and to apply for jobseekers, the whole thing was a nightmare and made me very ill. They were so unhelpful and it was almost 3 weeks before I got any money at all which was reduced due to appeal in process.

 

I understand that you have to declare yourself fit and ready for work in order to claim jobseekers so how would that work for me? am baffled and just trying to prepare myself with what to do, as I seriously doubt anything has improved since my last experience with DWP and ATOS. Having some kind of plan in place will help my anxiety a bit as its already building up.

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Hi Honeybee and thankyou.

 

Ok, so I am still on IB. Review of my benefit due shortly. Am fully expecting dwp to take me off IB as they want everyone off it this year.

 

If I am found by atos to be fit for work, which I am fully expecting regardless of my health issues, I will be expected to claim jobseekers?

 

I know I am unfit and how my illnesses affect me, in order to claim for jobseekers do I not have to declare myself fit and ready for work? There is no way I could do this as I know that I am not.

 

My FMS is severe now and affects my ability to also keep my routine which enables me to manage my Bipolar.

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Thank you for that, Ruby. :)

 

I don't think it's quite as cut and dried as you think, but others here know more than I do. If you're not awarded ESA then you can appeal, I don't think you will go straight on to JSA.

 

Hopefully the guys will be along with more comments for you.

 

Do you have anyone to help you like your community mental health team or MIND?

 

HB

Illegitimi non carborundum

 

 

 

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oh I see Honeybee, I hadn't realised, I thought it was a yes or no thing like before. so its possible they could just decide to move me to one of the esa groups, am with you now. I am going to be in touch with mind, after 12 months of cbt on a one to one basis the mental health team signed me off, but I have regular catch ups with my gp who is aware of my issues. hopefully he can help more this time given recent history etc.

 

I find the benefits system confusing, I will look up this esa thing with my daughter, shes great at helping me and will be with me on any appts.

 

thanks again.

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Well, basically yes - you'll either be moved to one of the ESA groups, or they'll say you're fit for work. Note that we've heard reports on the forum from others migrated from IB to ESA who weren't actually called for a face-to-face assessment, but instead placed directly into an ESA group based only on their ESA50. Obviously we have no idea what would happen in your case, but it's not certain that you'll be found fit for work.

 

If the worst happens and you are found fit for work, your options are to claim JSA or to appeal. If you really aren't fit, then I think appealing is really your best option, stressful as it may be. The conditions you'd be expected to meet on JSA are not likely to be any less stressful than the appeals process for someone with health concerns.

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I feel proper silly now lol we just put "ib to esa" in search engine and got the info up. form...possible assessment...decision poss esa group or jsa depending on info and evidence given. so yes it may not necessarily be as I thought so clear cut. there are more choices for them than before, where either you were sick or not.

 

Will just wait now then and see. Meanwhile will be in touch with Mind, I would like to find a support group or something as I do feel a bit isolated now that the cbt is long over but the illnesses are never over.

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yes antone, you are right, it was just the thought of it. anxiety is one of my biggest enemies, and I still battle with it. it wouldn't be any easier at all to not appeal if the worst happened. breathing now...thankyou.

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In the words of my current cbt therapist you are catastrophising and mind reading (predicting the future) - remember this? I can't stop doing it either!

 

First of all you won't suddenly lose your benefit without anything happening.

 

1. The first thing that will happen is you will receive the ESA50 form which is lengthy and will need to be filled in within the set time frame, normally 2 weeks. Fill this in fully and not just in short answers for example if it says can you climb 4 stairs and you say yes, that's a firm yes to them whereas if the facts are you can climb the stairs over a period of 5 minutes, need to rest at the top for 3o minutes to regain your breath and then the exertion leaves you exhausted and unable to move for another 2-3 hours that all needs saying. Don't just say yes to the 4 stairs iykwim. So expand your answers always.

 

2. ATOS then peruse the ESA50 at their leisure, often for about 3 months. Meanwhile DWP continue to pay you as normal.

 

3. ATOS decide either to place you immediately into either the support group or work related activity group without the need for a face to face appointment or they call you in for a face to face appointment. If no face to face, you will be informed in writing of their decision as to which group they have placed you in. If you have been placed in the wrag but feel you meet the descriptors for the support group you can at that stage notify them in writing of your intention to appeal.

 

4. face to face appointment. A health care professional, or health care not very professional will ask you set questions which unbeknowingly to you provide them with snitches of information that lead them to believe you can often do far more than you really can. Therefore it is essential when they ask a question to answer it in full and expand on it just as you should have done with the ESA50. if doing something happens rarely for whatever reason, say so and state the reason, if it causes other symptoms or relapses, say so and state how long for etc. don't just answer their questions.

 

5. After the face to face, this generates their response which is form ESA85 and you have the right to request a copy of this from ATOS as soon as the day after the face to face. Then you can see what they've said.

 

After the face to face, based on the answers on the ESA85 which you can see, they decide on either of the two groups within ESA (and as before if they decide wrag, you can appeal for support group, when you do so, state which support group descriptors you feel you meet) or they decide you are not too ill to work and refuse you ESA. They would then notify you of that and suggest you claim JSA. However, you can appeal that and as soon as you notify them in writing of your intention to appeal they must leave you on your IB through the appeal process.

 

So basically at the end of the day, you will still have your IB until either you have been alloted your ESA group and are happy with the one alloted and transfer to ESA or you have been through the Tribunal and they have made their judgement one way or another. The wait for Tribunals is usually over 6 months so won't be anytime soon.

 

HTH

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Thankyou abc123def, it does sound a bit more organised than it was in 2009 when I did lose my benefit, got the letter saying I was no longer entitled, the day before the payment was due, told all I could do was apply for jobseekers, or appeal with unlikely chance of any change. I was treated very badly by dwp. I waited 15 months for tribunal, whilst being on reduced income support of £50, all of this didn't help my CBT which I was doing at the time.

 

Yes I remember the catastrophising, and yes when my anxiety kicks off I do still do this. 2 yrs since my CBT ended and with the onslaught of FMS and the gradual worsening of it over this past year, most days are a struggle to keep my routine together and negative thoughts at bay. Fatigue and pain and bad concentration etc the list goes on, hinder me.

 

Thankyou for your reply though, the panic mode has eased. I hope that this time round will not be anything like the last time.

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Can help a lot if you get the ESA form filled out with enough information. If they feel they ahve enough info on the form and it ties up with anything they may ahve on file then it's more likely thye'll move you into a group without an assessment, which most people find stressful.

 

Rethink has a pdf leaflet on their website which gives some help oneach of the descriptors for mentla health . There's also a wca assessors handbook on the dwp.gov.uk website which explains what they're looking for and how they rate things for each descriptor. It's a large pdf file but ahs an index.

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Can help a lot if you get the ESA form filled out with enough information. If they feel they ahve enough info on the form and it ties up with anything they may ahve on file then it's more likely thye'll move you into a group without an assessment, which most people find stressful.

 

This is what happened to me. I also sent a letter from my GP which stated I have these conditions and as a result, I have this issue and need this adjustment. (it was originally written due to issues with the work programme)

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that's a good idea Nystagmite I will get my GP to do me a letter to send with the form, keep a copy and get a special delivery, I will never trust them again.

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  • 2 weeks later...

yes I saw that honeybee but there is no mention of IB anywhere, even though there is still some of us on it they seem to ignore its existence and all info is ESA related.

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ok thankyou Nystagmite, its confusing as my benefit is income support topped up with what they told me was incapacity as I was sick.

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