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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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    • 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.
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      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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Re appointments and recording


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I am presently claiming ESA, and have been told in a letter that it will cease in March this year.

An appointment for an assessment was made by DWP for 21st December, but I couldn't attend due to being away, and I told them that on the phone . So I was then told I had to come on the Sunday 20th December at 3.00pm, but I couldn't make that one either and finally got another appointment for 28th December.

I attended that one, but after waiting for over 30 minutes, I was told that because there was not a neurologist to assess me, another appointment would be made for me with a neurologist.

 

So I went this morning for a 9.00am appointment, and waited almost 30 minutes before I was seen. The person who was going to assess me was not a neurologist but a GP from Eastern Europe with 1 years qualifications. Anyway, I told the GP that I was going to record the assessment on my phone, but was told I could not due to regulations, and I had to pre arrange for a recorded assessment.

 

So now, yet another appointment is going to be made for me, which will be the 3rd time I will have been for my assessment.

Edited by avalon60
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Hi avalon60

 

You need to tell them that you want it Recorded, it is due to the fact that ATOS don't have the Recording Equiptment in quantities . Only about 15 to cover the 140 ATOS Centres, they taxi them around. Also they require a Doctor or a Health Care professional whose been trained in operating the Recording Equiptment.

 

When you attend your Assessment make sure it's working (Their Recording Equiptment). Take a friend who can take notes for you if you can. They don't like to be surprised by random recordings. It's all very peculiar, but hey it's ATOS/Government etc.

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:avalon60:

 

Unfortunately your scenario's become boringly, and sometimes distressingly, common. Tatos face two challenges with arrangements for your assessment; the need to find a neuro trained assessor (it's unlikely to be a neurologist) and the need to source an audio recorder and an assessor who's prepared to be recorded, despite the fact it's now included in their contracts. All at the same time!

 

Official guidance to request an audio recorded assessment at;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment

 

Even after you've arranged it, your appointment letter's unlikely to confirm an audio recorded assessment and there's no guarantee a machine will be available. Best to check with the assessment centre, as late as possible, on the previous day.

 

Best wishes, Margaret.

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When I went for my last appointment, I was told that my next appointment would be with a neurologist. So they must have known that who I wanted to asses me due to my disability.

 

I went this morning fully expecting to see a neurologist, and I asked the lady if she was, but no she was a GP. My own GP with many more years qualifications could not assess me properly thats why he sent me to a neurologist!

 

Regarding the recording, well maybe I should have mentioned that earlier, but it didn't come to mind until very recently.

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  • 1 month later...

I had another appointment with ATOS on Wednesday at 9.00am, and again expecting to be seen by a neurologist.

It so happened that was the day of demonstrations about ATOS by NHS workers, and there were quite a few of demonstrators outside the doors.

 

I was called in to a room by a youngish girl, and was asked to sit down, and then I asked her what her job was in relation to seeing me. She told me that she was a nurse, so I again asked about a neurologist to see me. She told me that there was a doctor who could see me, so as this was my 3rd visit since December, I relented and agreed for the doctor to see me. I forgot to mention that the recording equipment was set up and ready to go.

 

As the doctor picked up my file and said about making a start, I couldn't help but notice my file was very thin with only one document in it. So I asked the doctor where the rest of my paperwork was, but he didn't know and said that he only had the one document. I told him that I had supplied letters and notes from my neurologist as well as a diary of my disability and how it affects me over a period of a month. I had supplied all the paperwork previously and it was left with them for the next appointment, which was on Wednesday.

The doctor went to ask the girls in the office about the rest of the paperwork, but they didn't have it. So I told the doctor that I would have to go home and re print all the required papers again before I could have the assessment. I was told to go and wait outside while they tried to find my papers etc. After about 20 mins or so, I was told by one of the girls that they would have to make me yet another appointment because they did not know where my papers were.

 

So that was another waste of time for me, and I had to say to one person that it was not me doing this its this department because I am not getting what I ask for.

I am now awaiting for my next appointment, whenever that may be, but the daftest thing is that my ESA money is being stopped at the end of March by DWP as I have been claiming it for the maximum time apparently.

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Hi avalon60

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened and how they have let you down.

 

In the subject line write Formal Letter of Complaint and the name of the JobCentrePlus office that is dealing with your Complaint.

 

Send it to: [email protected]

 

https://www.gov.uk/complain-jobcentre-plus

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Thanks, and I have now done the said letter by copying and pasting more or less what I have posted here.

 

Unfortunately I cannot send it to the email addy you gave as it is not a valid email address according to my email program.

 

I may well just have to post it instead.

Panic over, the email has now gone.

Edited by avalon60
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:avalon60:

 

Sorry to hear that you've had another trip to Atos go pear-shaped. Unfortunately it's an all too common scenario. From what you've written, I'm not sure Atos made any arrangements to audio record your assessment even if they said they had. You can't possibly have missed a fairly chunky audio recorder (on the desk of the 'youngish girl') and a request to sign a consent form like the one below. Without which Atos won't audio record an assessment.

 

https://www.whatdotheyknow.com/request/latest_version_of_audio_recordin#incoming404486

 

Shall we call it an 'oversight' that, once again, Atos failed to notice that they need a neuro trained assessor to interview you? That's one of their doctors, or one of their nurses who's received a bit of extra training. But they're unlikely to find a specialist neurologist as you and I understand the term. Nothing in the rules to say they have to cos it's a functional assessment, not a medical one.

 

Unfortunately, Atos have a unique talent for separating medical evidence from ESA50 questionnaires. Then Government ministers moan that claimants don't submit supportive evidence until the appeals stage. :evil: Good that you sent copies rather than originals. Two suggestions for getting your medical evidence read by Atos prior to an assessment. Resend it, via recorded delivery with your national insurance number on every sheet, to the address your ESA50 was sent to. As a failsafe, take a second set to your next assessment. And if necessary, remind the assessor that s/he should read it before continuing with the assessment .

 

https://www.gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals

(Page 46)

 

'...... my ESA money is being stopped at the end of March'

 

Presume you'll have received three hundred and sixty five days of an award based on your national insurance contributions. When it ends you'll be able to apply for an income related award, which will depend on your income/savings, and your partner's if you have one. If you're (eventually) found to have limited capability for work, Jobcentreplus will pay arrears of the work related activity component from week fourteen of your claim to March. If you're entitled to the support component, you'll receive arrears and on going payments regardless of whether the award's contributions or income flavoured.

 

Best wishes, Margaret.

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When I went for my appointment last week, I did see a rather chunky audio recorder which had 2 cds, one above the other ready to insert. No I was not asked to sign anything in the short time I was there, but will mention that on my next appointment.

 

I didn't realise that it was a functional assessment, because when went for an ATOS assessment last year, the male nurse wanted to examine me and asked me to get up on the couch.

 

I have done another set of letters and other documents ready to send by recorded delivery, as well as writing my NI number on every sheet of paper, so thanks for that.

Also thanks for the information about claiming income related award.

 

I have now received my next appointment, which is on '14th March, oh no sorry we have postponed it to 17th March', then 'Your next appointment is on 17th March at 9.00am.'

 

Yes, I received 3 letters all at once telling me when my next appointment is.

Edited by avalon60
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:avalon60:

 

So resources managed to find an audio recorder, but both admin (who deal with the consent forms) and the 'youngish girl' (who probably didn't want to be recorded) hoped you wouldn't notice? :mmph: Atos won't automatically source an audio recorder for 17 March. You'll still need to check as late as possible the previous afternoon.

 

Yes, it's a functional assessment. That's why Atos/Jobcentreplus have dropped the term 'medical'. Although physical exams are usually minimal, the nurse (hope he was neuro trained) may have wanted to check co-ordination, motor skills, etcetera.

 

Margaret.

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  • 2 weeks later...

I have received a letter back from Jobcentre Plus re my email I sent them.

 

After a few lines of apology and what should happen, they said I should raise my concerns with ATOS, giving me an email address for the customer services dept.

 

I am going to send the same letter / information to ATOS, but I don't expect anything more than lip service from them.

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I sent the same letter to ATOS Customer Relations, and this is their reply:

 

Dear Mr ******* Thank you for your email and attached letter of complaint. I am sorry to read of your dissatisfaction with the service we have provided regarding your Employment and Support Allowance benefit claim, Your concerns will now be addressed by a Customer Relations Manager, who will look into the issues you have raised and they will correspond with you personally. Meanwhile, I have attached a copy of our Customer Relations leaflet, this explains how we address complaints, for your information. Regards Maggie Customer Relations Atos Healthcare

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  • 2 weeks later...

I received a letter from [name edited] at Medical Services, when I went for my 'yet another' assessment yesterday morning.

I was seen by a male nurse, and I asked him what is training/qualifications were in relation to assessing my disability, to which he said that he had neurological training, among other things.

Anyway the assessment went ahead, and the recording equipment was switched on.

 

I am given to understand by the letter I received that it was not a medical assessment, but more of a functional assessment. After a lot of questions regarding what time I go to bed , do I sleep well and what I do when I awake etc, I was asked to get on to the couch. There I had to raise each leg in turn and bend them, then after getting back to the chair I had to squeeze his fingers among other touching and feeling type things.

 

After the assessment was finished I was given a cd with a copy of the recording. Now, when I inserted the said disc in to the dvd drive on my windows pc to view the file(s), there was only an xml file, which shows the times of starting and finishing of the recording. Is this the usual case, as I thought that recording could be viewed and read or listened to on my own pc.

If so, that it would suggest that Atos or whoever does not want us to listen to any recording they make outside of their domains so to speak.

Edited by honeybee13
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Try treating the CD like an audio disk - say by using Windows Media Player or any other player that you prefer.

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Try treating the CD like an audio disk - say by using Windows Media Player or any other player that you prefer.

 

I would if I could see the actual recorded file on the disc.

I normally use VLC media player which plays almost any kind/type of media, but what file it is, I don't know because it is not visible.

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If it has been recorded as Redbook CD audio, you won't actually see the file on disk through a standard Windows explorer, because it's not actually a "file" in the normal sense. You need to have your player look for an audio CD.

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Go to Computer, click on the drive where the CD has been inserted, what files do you see?

 

I only see this file: log.xml.

where xml is an Extensible Markup Language on some websites

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That strongly suggests audio format recording, as there's no way to store sound in an XML file. Can you test the disk in a home CD player that isn't a computer?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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

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That strongly suggests audio format recording, as there's no way to store sound in an XML file. Can you test the disk in a home CD player that isn't a computer?

I have just tried it in my home media cd player, and there is a 58.00 minute file of just stuttering, and no discernible audio.

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I would if I could see the actual recorded file on the disc.

I normally use VLC media player which plays almost any kind/type of media, but what file it is, I don't know because it is not visible.

 

I use VLC great piece of Free software and would have automatic recognises the format used to record.

 

The disk could have become damaged/corrupted or nothing been recorded on the disk :!:

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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