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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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ESA and Major Surgery


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Hi all. As some of you may know I moved from JSA to ESA a few months back due to anxiety and depression. In addition to this I was also under a consultant who was trying to get to the bottom of a condition I had causing untold infections, fever and generally not feeling well all the time.

 

Well, I had my results after around 6 tests and have been told I need surgery - it is a personal condition so won't go in to much detail but it is a 3-6 hour op under GA plus 5 days in hospital and 2-4 weeks rest with minimal activity.

 

I was hoping to move back to JSA in around 4-6 weeks but this is now not on as I have impending surgery although no date has been set yet.

 

What is the procedure for claiming ESA for hospital surgery and stays in hospital and rest at home? Should I just continue as normal or will I need to contact ESA with the evidence from consultant when I have it?

 

Thanks

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It is one part of why I claim ESA but not 100% of the claim although ESA know about the condition as I decalred it with consultants notes when I claimed. I am on assessment phase and have been for about 2 months now - got GP appt Wednesday to renew my sick note as this one runs out October 28th

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essexmat,

 

As you do not have a date for surgery, all you need to do for now is to continue to submit Med 3 certificates (sick notes) as usual. And complete an ESA50 questionnaire if one drops through your letterbox. Rethink has a guide to ESA50s for mental health and CAG has a slightly outdated, but still very useful, one for physical and sensory problems.

 

http://www.rethink.org/

Search for work capability assessment factsheet.

 

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

 

Should you find yourself called to Atos less than three weeks before a planned admission to hospital, the assessor can recommend that you be treated as having limited capability for work.

 

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

Pages 41 - 42.

 

Should a Med 3 run out while you are in hospital, ask your hospital doctor for a Med 10 certificate.

 

Starryeyes.

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Brilliant, thanks for this - very helpful. I am renewing my sick note on Wednesday (have a GP appointment) Current one runs out 28th October so they should have it at the latest 2 weeks before the current one runs out. As the sick note is for A&D but now I have a condition awaiting surgery do you think the sick note should also state this? I have already done my ESA50 - it turned up around 2 weeks after my claim but obviously not heard anything as yet although I know they have it as I have signed proof via recorded delivery.

 

Once again, many thanks

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Thanks, sick note will be going off Thursday (GP tomorrow) so if my current one runs out Oct 28 should I get the GP to start the new one from tomorrow for the 12 weeks or from October 28th?

 

ATOS/DWP do not know about surgery yet as I have no date. In fact even though I need this procedure done it is not classed as urgent or life threatening so I can't see it being until the new year anyway as I need further tests before admittance anyway. I will of course keep all paperwork and appointment letters for evidence.

 

Many thanks

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Yes. The only advantage to having a sick note start later is that it will cover a longer period of time.

 

If and when you do go into hospital, make sure you get a MED10 form as mentioned above. You should be placed in the Support Group for the duration of your stay. Even if that's only a few days, it's still £20 or so.

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

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Thanks all, my GP couldn't issue a new sick note for me today as his system wouldn't allow it as it was 'too early' He said to try again with him around a week before expiry but that will leave very little time to get it and send to DWP for processing won't it? I am going to call ESA in the morning anyway to clarify

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Thanks, I got email otification of reply so came on straight away!

Called ESA - they said it was fine, my last payment on sick note is fine until 30th October so they don't physically need a new one until 7th November so will get one around 20th October and then send it off in good time - panicking over nothing again - even if late they said I can get JCP to scan across to them.

Now to sort my surgery out - not happy, very scared of general anesthesia and not being in control

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