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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.

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      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
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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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Home visits


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My sister is recovering from being hospitalised for 4 weeks in the cardiac unit. She cannot walk very far and has to use a zimmer frame to get to the bathroom.

 

I have applied for PIP on her behalf and have filled out the ATOS form. She cannot travel on public transport so do ATOS do home visits. What normally happens if you cannot get to them as you cannot afford cab fare?

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Hello there.

 

When did you send the ESA50 please? If it was recently, it could be a while before Atos want to see here, but it depends where she lives.

 

Some of the guys here know quite a lot about home visits, I believe she would need her GP to support her with the request. I expect people will be along later.

 

HB

Illegitimi non carborundum

 

 

 

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  • 1 month later...

Yes, she can ask for a home visit.

 

She should not be be asked to do anything which will/ might damage her health.

 

Hence, do not do allow your sister to do this visit at home on her own. Make sure someone is there as a witness and to answer the door etc, (don't allow her to get up and do that or make tea etc). She sits down entirely during the home visit as she should not walk about during the home visit. This evidences her limitations etc. She can be in her bed if she wants if that is necessary due to her medical condition.

 

If she is asked for copies of prescriptions or bottles of medicine she takes, the witness should go and get them. Do the same for anything like that.

 

You can also ask for the meeting to be recorded. ATOS contract allows for all assessments to be recorded although they might find it difficult to comply with in her home. But that is their tough luck.

 

Remember and get her to focus on what her worst days are like, not the individual one of day she might have when she feels slightly better. Answers should be framed in that way, linked back to the stated application form.

 

She can be prompted by the witness to assist answers when required. She does not need to answer on her own, as she might get upset etc.

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On the recording issue, yes ATOS can record home visits, however this is for ESA claims only. There is no facility for recording PIP assessments.

 

You should also be aware that it is currently taking 6 months plus for a decision on most PIP claims.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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