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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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Interview under caution-DWP-


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Can you take a friend along for moral support?

 

Don't believe all the horror stories. Use the interview as your chance to get across what has occurred from your point of view. Take your time at the interview and if you don't understand something just ask them to explain again.

 

You can take your own notes at the interview - jot down anything you want to remember. One of the CD's will be sealed In front of you and you will be asked to sign the seal. This can be unsealed in court if there is any dispute about what was said:.

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There's currently industrial action with some criminal solicitors not taking new legal aid matters.

 

If you go onto direct gov website there is a section called the criminal defence service. That may help

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Housing benefit will do "underlying entitlement" which is what you were entitled to had they been aware of your true circumstances.

 

 

What I would say is if your calculations are correct then you are over the threshold for prosecution. That said, without the full facts of the case nobody can really say one way or the other.

 

You have done the scary bit now. Well done for facing it- I hope it wasn't as horrid as your expected.

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You know what are not all bad.... We are just people doing a job and the vast majority treat people well. Remember the staff don't make the rules

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If I made a sweeping generalisation about people that claimed benefits there would rightly be uproar. I rarely get abuse as I make a point of treating people well, but I have been on the receiving end.

 

Just remember that some of us come on websites like this and try to help people off the clock, unpaid. That's because I know only too well how complex it is to claim benefits- as do most of us that try to help out.

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Neither can you make a sweeping generalisation about DWP staff! You can't compare someone who works in a call centre with an investigator or a visiting officer. Most of your experience of staff is the call centres.

All I am trying to say is don't demonise us all because some staff are rude & unpleasant.

Just like people on benefit it's a diverse bunch but actually i personally know a lot of staff that go out of their way to help.

Shall we move on now? Have you looked at your figures again?

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I label people who refuse get off their ass to work just as deserving as the sick to have the financial support, albeit at a lower rate.

 

Let's not go there.....

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My principle has always been - as a DWP decision maker, as a benefit adviser or as a claimant to treat others how I would want to be treated in the same position. It's all we can do, and remember that the voice on the other end of the phone belongs to person, just like us.

 

My principal exactly too & its served me well in the 22years I have spent working in benefits.

I do agree with your comments re call centre staff- I'd hate their job!! They take the flak day in day out. No excuse for being rude I know

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Ok, you are right. I cannot label you all the same. And yes, all my experience is with call centre staff, I just find it hard to believe. Never mind.

 

Yes, I have looked at my figures again & taking off underlying entitlement using the HB online calculator. HB would only be £480 (give or take a few £)

 

And Esa would be nearer the £4000 mark. Which I am aware is still over the prosecution limit. And I have gone through everything, and spotted my mistakes.

 

On my phone bill for May '14 I made a phone call to HMRC (on the day my husband started working) the phone call was 42 mins long- after that I made a phone call to DWP, I t wasn't for very long and was at 4:47 and if i remember correctly, I put the phone down as i didn't have time to wait on hold. and then never got round to it after that, Stupid mistake & yes I most certainly should have rang when the money was coming in my account, but something in my brain was telling me I had already told them & it was their problem to sort out. Well, now i am paying for it. I deeply regret it.

 

 

Even 4k doesn't always land you in court. Even if that were to happen, the speed at which you have acted & your obvious remorse will go in your favour when magistrates look at your case. That's IF it happens.

 

You are doing your best to sort it out.. Please don't torture yourself over it and make yourself unwell- it will change nothing. I'm assuming you have never been before the courts before - so even if you did go to court £4k is below the "threshold" for custody.

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