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


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Yeah that's technically right, as the two systems cannot communicate with each other.

 

They will have to manually transfer the WCA result over, however they should be able to look at opstrat (ESA), pin a note to UC and then send a handover to get it sorted.

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Everyone claiming UC has to have and agree to some commitments or the benefit gets closed.

 

If you are working they are generic, if you have limited capability or a job seeker they will be tailored to you.

 

A fit note or an existing WCA will not prevent this form happening as until commitments are agreed the claim is not technically live. If you fail to attend the appointment its an automatic claim closure and  and if refuse to accept them it's an automatic claim closure.

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They should switch off the work side of the commitments and just do the work preparation bit until the WCA is pulled across from ESA at which point you will have generic commitments auto created as you will fall in the no work requirements catagory.

 

In my jobcentre it's just a box ticking exercise until the information is transferred and we don't normally book any further appointments after that. But most jobcentres do it there own way as there is no official guidance on this and insufficient staff to run it smoothly.

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CIS doesn't show WCA though only what amount is being paid. "where ESA is in payment staff manually check whether a component was in place and, if so, put the corresponding element on the UC award"

 

So they still have to check OPSTRAT.

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Worst case is it takes a few weeks to get sorted, you can't get lower than that.

 

OPSTRAT holds all legacy benefit data and is an MSDOS package, hence why it cannot automatically talk with or be uploaded to UC. It's outdated an not really fit for purpose anymore.

 

CIS can talk with UC, but only holds basic information i.e. dates of claim, amounts paid, benefit interests etc. It does not hold information on premiums, WCA outcomes or periods WCA is awarded for, what group you are in or when next assessment is due. It is a basic info system designed to share data with other government agencies/LA benefit staff.

 

Even if the service centre manually checks OPSTRAT, they still have to follow guidance in order to transfer it to UC and complete the necessary action, which at worst can take a few weeks. However if mentioned to a work coach during an initial or first commitment appointment they can do the checks there and then, pin it to UC notes and send a handover to the service centre, which greatly speeds up the process for all involved.

Edited by tomtom256
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Your case manager should remove the referral for a WCA from the system as it's no longer needed.

 

If they don't the CDHA/assessment centre should just cancel it but if they do send a questionnaire call them and explain that you have migrated over owing to a change and hopefully they should cancel the WCA.

 

The whole system is a joke to be honest and there is insufficient staff trained and able to do whats needed, most work coaches get this and try and make it easier where they can, but they are as stuck with the process as you are and believe me are just as frustrated as what should be simple is yet again made convoluted by the DWP/government.

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Your work coach should have told you, although now your WCA is on you won't have a work coach and will only have a case manager.

 

If you check your journal it should hopefully show in there, however if you pick the option payment or service issue this will route the message to a case manager to look at, however you could be waiting for a while to get a response as they tend to be overworked.

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