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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.

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      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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      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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ATOS home visit? Supporting evidence?


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Hello, I am new to this forum and would like some help of what to expect in a home visit and how to plan on if i fail it.. I have been claiming ESA since November last year due to social anxiety/agoraphobia and depression. My doctor who is very supportive made me a support letter to request a home visit as I have not left the house since late last year. The support letter was accepted by ATOS to my surprise and they granted me a home visit which I am yet to receive a date for yet.

 

Regarding my mental health issues my GP has referred me to the hospital mental team, which I have attended with the help of a friend. They clearly said to me I am in no fit state to work and are thinking of sending me for counseling. I just want to know what support evidence could I get hold of and where to send it too? I am worried about failing my medical assessment and going even more downhill in terms of my condition what can i do if i fail my assessment???

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Hi and welcome to the forum,

 

First off, do your best not to worry about this too much. Chances are that it's not going to happen quickly. In some areas there are huge delays for ATOS assessments and they are generally even longer for home visits. The simple fact of the support from your GP and ATOS granting a home visit should go hugely in your favour.

 

The descriptors for ESA are in schedules 2 and 3 of these regulations http://www.dwp.gov.uk/docs/a13-4701.pdf. I suggest that first you go through them and work out where you might score points - you need 15 in total to be awarded ESA with the work related component or to meet one of the schedule 3 descriptors for the support group. If you can then get any of the mental health team to write a supporting letter, that would help. You can send it to the address on any letters you have had from ATOS, but remember to put your name and national insurance number on everything and only send copies.

 

You can ask for your assessment to be audio recorded. This is likely to delay things even further as they don't have nearly enough machines, but it can also provide some reassurance that the report will be more accurate.

 

On the subject of the actual assessment, I had mine last week (after a huge delay!). Unlike in the offices, there's no computer so everything is hand-written. The doctor just asked questions about how my condition affects me and was actually really pleasant. It took about 10 minutes to get enough info to confirm I should be in the support group, and that was it.

RMW

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

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I barely leave my bedroom, only if to use the toilet and my curtains are shut 24/7.. I struggle to even find any motivation to shower and get dressed etc... Was your appearance asked about? or day to day life? And can i really request the assessment to be recorded as I have heard some reports are totally inaccurate

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:Beddz:

 

There's a template letter to ask for supportive evidence from your doctor/mental health team on Rethink's site;

 

http://www.rethink.org

(Search for 'work capability assessment factsheet')

 

http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68

 

But it's a contentious issue at the moment cos many doctors refuse to get involved with benefit claims. Plan B is to subject access your doctor for a copy of your medical records, which may include a report from the mental health team. A tenner gets you everything that's on the computer. Clerical records cost up to £50, but you can make an appointment to view them first. Praps with help from your friend?

 

CAG has a guide to coping with an Atos assessment at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

Many of the assessor's questions will be about your day to day life from which s/he may make assumptions concerning the descriptors. For example, 'do you cook?' Without giving you the chance to explain that you live on pre delivered ready meals.

 

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

 

Best wishes, Margaret. :panda:

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:Beddz:

If you've access to a printer, simply download and print a copy from Rethink's site. Complete the first page, then ask your doctor to complete the rest. After you've sounded out his approach to supportive evidence for benefit claims.

No printer? Copy the template onto A4. Runs to three sides, but it's not solid walls of text.

Margaret.

 

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:Beddz:

 

If you've access to a printer, simply download and print a copy from Rethink's site. Complete the first page, then ask your doctor to complete the rest. After you've sounded out his approach to supportive evidence for benefit claims.

 

No printer? Copy the template onto A4. Runs to three sides, but it's not solid walls of text.

 

Margaret.

 

 

 

So worried this morning, asked my doctor to ring me for some more medication and I'm so scared about asking for a support letter

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