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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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Migration from ib to esa


KraftyKatz
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Hi I am a newbie who is looking for help/advice. My husband recieved a phone call on 9 oct saying he had been placed in support group then half hour later recieved another call apologising and saying he was in wrag. We have since made several calls asking where letter saying he is in wrag group is as we have only recieved one stating he is in support group and we want to appeal the decision. Keep being told it has been sent, have now requested another one.

He was awarded this without attending any medical so just went on form sent in.

Also he will be receiving contribution based and income based esa but am confused about contribution based being payable for 365 days what happens after that as was told over phone in wrag for two years.

 

Also if hubby appeals are we correct in saying that he will not get his full entitlement and will we have to send sick notes in as while on IB he has not had to send in for last 5 years.

 

Thankyou

 

sorry about all the questions just find it all mind blowing.

Edited by KraftyKatz
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You can appeal the decision. Because the appeal is in relation to the group he's been placed in and not because he failed a WCA exam, he won't need to submit certs while the appeal is pending. He'll continue to be paid at WRAG rates as well - if the Tribunal finds in his favour and places him in the SG, the extra amount will be paid to him backdated to the date of the original decision.

 

Contribution based ESA is limited to 365 days for those in the WRAG or Assessment Phase, but income related ESA is not. So if he already has entitlement to ESA(IR) he'll receive that instead if he remains eligible.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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:KraftyKatz:

 

You need a copy of the decision letter, like yesterday, cos the normal deadline for an appeal is within one calendar month of the decision. Although, if you need it, non receipt of a decision letter is a valid reason for a late appeal.

 

Aside from the obvious, that Jobcentreplus have made an error, it difficult to say what's happened but here's a couple of tips for finding out;

 

Use the form below to subject access Jobcentreplus for all the info they hold about your husband's claims for incapacity benefit and employment n support. A written request tends to get a better result than calls to the contact centre. Send the form (recorded delivery) directly to the address on the letter you've already received from them.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Use the box at the end of part B to specifically ask for a copy of the ESA85A report from Atos. Your husband will need it if he does have to appeal.

 

If your husband's incapacity benefit didn't include an age addition, you may be able to confirm whether he's in receipt of the work related activity or support component from his bank statements.

 

Best wishes, Margaret. :panda:

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:KraftyKatz:

 

The link takes you to a Gov UK page. Click on the DWP - request for personal information, which should bring up the form as a word doc.

 

Form to appeal employment n support decisions dated before 28 October 13 at;

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

I tend to complete parts 1-7 of the form, then write part 8 as a statement. Either as a word doc or on a separate sheet of A4.

 

Don't send both forms in the same envelope. Less chance that one or other will get overlooked.

 

CAG's guide to appeals. Apart from the assessment rate and med certs, an appeal for the support component is the same process;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

:panda: Margaret.

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