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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
      • 160 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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atoz second interview


hettygrew
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Hi I wonder if anyone can help in advising me? I had a WCA with atoz nearly 2 years ago. They failed me, benefits stopped, I appealed and won my tribunal on mental factors, then put on ESA (WRAG).

Just had a letter from ATOZ calling me in for a second interview only this time face-to-face only (no physical exam). Does anyone know why this is? and as its face-to-face only is it still assessed on points gained? I still suffer with mental health problems and heavily medicated and Im worried how this will come over at the interview. Thanks

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:hettygrew:

 

Routine reassessment of entitlement to employment n support allowance is normal. Most awards are reassessed at intervals of between six months and three years.

 

However an invite for a face to face interview isn't usually the first thing a claimant hears about it. Before the interview, most claimants are asked to complete an ESA50 questionnaire like the one below. Increasingly Atos aren't bothering with them for mental health claimants (unless Royal Mail have lost yours) but it means a huge chunk of claimant evidence is lost. If you don't have the technology to download and print a copy from the internet, phone your benefit delivery centre for a paper form.

 

https://www.gov.uk/government/publications/esa-50-limited-capability-for-work-questionnaire

 

CAG has a guide to completion of an ESA50 at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

And there's a guide to the mental health part, with some tips about supportive evidence, on Rethink's site;

 

http://www.rethink.org

(Search for Work Capability Assessment Factsheet)

 

If you take a completed copy to your interview the assessor has to read it before s/he starts the assessment. Other important papers to hand to the assessor are, copies of any medical reports you've already got and a copy of the tribunal decision.

 

Assessment criteria are in the booklet at;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

'I'm worried how this will come over at the interview', ask for your assessment to be audio recorded;

 

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

 

Best wishes, Margaret. :panda:

 

 

You may have seen media reports that routine reassessments for ESA have been suspended cos of contractual difficulties between Atos and Work n Pensions. Doesn't apply to reassessments that were referred to Atos before 20 January 14, as this one probably was.

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