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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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Results from Assessment 0 for everything


Ragnbone
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I suffer with depression and social anxiety. I attended the appointment with my sister. I am on antidepressants a high dose, on beta blockers and waiting for CBT. I have suffered since a child and only started getting help in the last few years. I scored 0 on everything. How has this happened. We did record the interview knowing last time the interviewer lied about how I answered questions. I sorry for being blunt but feel like giving up on life with no hope everyday is so hard and this is just another worry. What am I meant to do, appealing is such a long stressful process and I don't think I could cope going through that again. It is so belittling. This is messing with my mental health. Please tell me what to do.

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I suffer with depression and social anxiety. I attended the appointment with my sister. I am on antidepressants a high dose, on beta blockers and waiting for CBT. I have suffered since a child and only started getting help in the last few years. I scored 0 on everything. How has this happened. We did record the interview knowing last time the interviewer lied about how I answered questions. I sorry for being blunt but feel like giving up on life with no hope everyday is so hard and this is just another worry. What am I meant to do, appealing is such a long stressful process and I don't think I could cope going through that again. It is so belittling. This is messing with my mental health. Please tell me what to do.

 

Speak to MIND about this. They probably come across this regularly and they should know the best way forward. It might be that you need to get your Doctors to write to DWP, so the decision maker has information available to assist them.

We could do with some help from you.

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Zero points is the obligatory score for anyone suffering mental health issues, the WCA isn't designed to take into account any MH issues, deliberately so IMO.

 

It took me three years to fight the DWP, but the sense of relief and elation at the end of it when they were proved wrong on every aspect, was immense!

 

All I can say is to appeal straight away, AND get in touch with your local MP, especially if they belong to the self servatives (Tory)

 

Whilst it is still raw emotion for you now, I can't express how much you should focus on fighting them and highlighting their corrupt criminal

process, MIND is a great place to start, there is also Fightback you can find on facebook, although I do believe they have their own website now??

 

Yep here it is http://www.fightback4justice.co.uk/

 

DON'T give up! :boxing:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So do you feel able to go through the appeal process using the template in the forum stikky here? I know it can be stressful, but I suspect your other option is JSA, which has other drawbacks. Or maybe MIND or Welfare Rights will help you?

 

I agree with BB, 0 points is the norm these days. And as he says, you have to appeal within a month, which is straightforward to do. The effort comes later when you start on the reasons.

 

HB

Illegitimi non carborundum

 

 

 

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Unfortunately, the system now means that you first have to request a mandatory reconsideration. during the time the dwp make their decision, if you require an income you will need to claim JSA. Once the mandatory recon decision comes through, if it is not in your favour, you can then appeal and receive appeal rate esa. It is important that you get as much help as possible to get you through this. If you can get evidence from your gp to support any of the mental health descriptors then this might mean an early decision change and not having to do a full appeal.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Unfortunately, the system now means that you first have to request a mandatory reconsideration. during the time the dwp make their decision, if you require an income you will need to claim JSA.

 

And this is what makes my teeth itch! :-x

 

You won't get JSA if you're unfit for work! You try and claim JSA then they say you can't claim it because your not fit enough???

These crooks have got us over a barrel, absolutely criminal! Get your local MP involved ASAP.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm totally with you on that!

 

:thumb: Something I'm quite passionate about, I'd say angry, but I'll put it in a positive light, I can see another letter to my MP about this being sent....:madgrin:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Ragnbone

 

I'm sorry you are stuck on the process that makes you feel (And a lot of others too) this bad.

 

As others have said, please contact MIND and other support groups. Also keep dialogue open with your Doctor. These things are better tackled when everyone works together.

 

Also Keep a diary from now on. Record things that reflect your life and the descriptors used to determine eligibility. "EG - had no energy as X wasnt available to help me prepare my food" or "Y could not take me to the shop today and I was to anxious to go out on my own, felt sick at the thought" This diary will help not only your appeal but also help you with your discussions with your GP and other medical practitioners.

 

Perhaps the most important thing is to keep your mental health as far in the right place for you as possible in order to make sure you can appeal. If you feel really down please talk to the Samaritans here http://www.samaritans.org/how-we-can-help-you/contact-us

 

Ultimately the medical professionals can help keep you in the right frame of mind to help fight this.

 

And as you have seen from the support here, we can help you with the process to try and end this horrid situation. You are not alone.

 

Kind regards

 

SS

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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What would I say and ask my local MP if I was to contact them. How can they help me?

 

They ''should'' help by raising this in the commons, depending on who your MP is and if they have a spine!

 

Tell them that the WCA is still flawed and unfit for purpose, that they still purposely score you zero points in order that you have to go through the deliberately lethargic biased and skewed appeals process in order that you will a) either give up entirely and not claim anything, b) die of old age or c) commit suicide.

It really is as blunt as that!

 

However, you're not going to do either of those things, what you should do is become such a pain in the backside to this whole corrupt system that the DWP has now become, hammer the hell out of them and complain complain complain.

 

It needs to change, it has to change, and the only way we will be able to get them to change is by highlighting the gross criminal corrupt errors that they commit on a daily basis.

 

I have just read of another claimant who on receiving the copy of his WCA, the HCP claimed that they had turned up on their own, when in actual fact they had their carer sat next to them the whole of the WCA, truly maddening!!!:-x

 

Tell them that now they (the MP) have allowed the system to become as vicious as it has, that you are now left with no income, and you can't claim JSA as you're unfit to work, yet the lethargic appeals process, which they (the MP) have allowed, means that you are left without any income until the MC is carried out, which will again be a whitewash as you already know the answer and they will maintain you're fit for work, so you will have to appeal the appeal (MC) and start the long slog of bureaucracy red tape and deliberately misleading misinformation that the DWP sits out.....

 

You can find your local MP here, and you can also contact them through this site too.

https://www.writetothem.com/

 

This might be of some other help to you as well?

https://www.turn2us.org.uk/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It might also help to remind yourself that none of this is personal. There are literally thousands of stories identical to yours where people score 0 on assessment then go on to be awarded benefit on appeal.

 

The sole purpose of ESA is to get as many people as possible off benefit altogether so you can either cave in, claim JSA and ultimately get sanctioned for not meeting the conditions (they should be waived or at least severely modified whilst you're waiting for a mandatory reconsideration on a fit for work decision) or you can sit it out until your appeal is heard and the decision is over turned.

 

Be aware that the decision maker may phone when you ask for a mandatory reconsideration, but you are not obliged to speak to them if you would be more comfortable not. I never admit my name until I know who is calling, and if they won't tell me then obviously it's not someone I need to speak to!

RMW

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

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Be aware that the decision maker may phone when you ask for a mandatory reconsideration, but you are not obliged to speak to them if you would be more comfortable not. I never admit my name until I know who is calling, and if they won't tell me then obviously it's not someone I need to speak to!

 

Very true indeed, good point!

 

Ooh, and what else is a very good point, is to fire off a SAR to the DWP, it's free, and will get everything they hold on file about you, so you can see

if they have any other evidence about you, that you can use to your advantage.

 

Personally I just like the idea of them having to go to all the trouble of trawling their archaic systems in order to comply with the SAR.

https://www.gov.uk/government/publications/dwp-request-for-personal-information just make sure you obtain ''proof of posting'' which is free from the PO counter.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 6 months later...

Please don't give up.

 

I have serious Mental health issues and nerve damage , disc (3) in my neck/back and other problems.

 

I was getting PIP, then had a Atos " assessor" at my door. Never knew he was coming.

 

He was not nice nor understanding. Because of his lies , I was taken off everything and I tried to end my life. I was a complete mess, serious depression, which I would wish on no-one.

 

I contacted my local C.A.B I was overwhelmed with the support and kindness from them.

 

I complained to Atos myself. I could not attend the Tribunal to reinstate my PIP, as I was having terrible panic attacks over it.

 

My C.A.B advisor helped me so much and I won my appeal ( written) and I ended up with the higher PIP rate.

 

My mental state was horrendous at the time, now, I feel so much better. You HAVE to fight them!

 

Look on youtube, type atos.

 

Please, if you need any help or support feel free to ask me anything. I know how you feel, and I PROMISE you, there is light at the end.

 

I wish you the best of luck.

Edited by honeybee13
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Oh and yes, MIND were fantastic and Disability rights were amazing too. I know this thread is a bit old, but people are still going through this ridiculous joke "test".

 

Also, the person assesing you, ask them if they are qualified to do that. A lot of concerns about accessing mental health at the moment.

 

A nurse assessed me. NO background at all about my mental health issues! I wouldn't go to a garage and tell them, they are putting the tyres on wrong!

 

In my report the misinformation he told was the catalyst for me. Thankfully the Tribunal looked at my notes properly.

 

Anyone please feel free to ask me anything. I would be more than happy to help.

Edited by honeybee13
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