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    • Even if he was over the time  that still does not allow them the powers to fake evidence.. even the police cant do that   mmmmmmm 
    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
    • Kickstart your career with a Data Entry Clerk Traineeship With Lightsy And Remit Training and #CreateYourFuture.View the full article
    • So long as they aren't unlawfully discriminating against you because of a protected characteristic, I presume that like anybody else they can pick and choose whom they do business with.    I understand places like Amazon and eBay will close "problem" purchaser accounts quite commonly, and will often also close other accounts that they believe are connected to a problem account  (eg same email, same physical address, same payment details etc).
    • Hi 1st all NO I will not turn it down I'm up there with the big boys   china Russia India me   with global warming   lol .  Thank you for your help but iv got nowhere with !  your repair !  As in terms of them replying  or help .its the wrong time year to drag this out fighting them while I got no hot water or heating.  I have left bad reviews on there sites  hoping that will help others from making the same mistake as me  ! joining there scam !.  As for the NEST  yes it's the government backed scheme for ppl on disability an low income to help warm there homes .  Just do what I did ASK   they can only say yes or no  and there supa fast . So thank you . I will be keeping a look in and see if any one else post about  !your repair!  As I can guarantee I wont be the last person scammed.   Cheers . 
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ESA Northern Ireland, yet another ATOS WCA


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Quick recap

 

Moved to Northern Ireland due to the Malevolent procedure of ATOS and the DWP due to my disability.

 

January last year in the UK i appealed to the HM Courts and Tribunal service which i was successful and that it was decided i would not be reassessed for a period of three years. Because of this i moved to Northern Ireland and carried on with my claim under the reciprocal agrreement. In reality i had to close my claim down and start it up the same day as the DWP and Northern Ireland to not speak to each other being on seperate systems.

 

Earlier this year the Northern Ireland assembly accepted the DWP Welfare Reforms and i received the ESA50

 

This morning i get a phone call by a chap saying he was ESA medical services. After pushing him it turns out he was ATOS Getting me booked into a WCA. As i cannot walk very far i requested a home visit. His response was i had to get a doctor to fax a letter to them. I informed him the doctor will charge me £50.00 and would the DWP refund me. The answer was no and if i did not attend my ESA would be sanctioned.

 

So my question is?

 

Can i be forced to attend this WCA with ATOS even after the HM Court and Tribunal appeal and that i would not be reassessed fopr a period of three years.

 

Why should i be forced to pay £50.00 for a doctors letter under threat of sanction?

 

Sorry for the long winded post but after my last experience with ATOS and the WCA, i doubt i can go through that inquisition again

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As well as my question above, just had to take an appointment

 

I asked for the interview with ATOS to be recorded, they ssaid they do not do it in Northern Ireland being Social Security not DWP

 

But Northern Ireland assembly has now accepted the UK Government welfare reforms so the contract ATOS operate under on behalf of the DWP must be the same with recording interviews

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I'm afraid the Tribunal can only recommend how long the claimant can go before a reassessment it is not legally binding on the DWP / Social Security Agency. If you don't attend then your claim will be closed.

 

The recording of ESA assessments is a curtesy by the DWP and Maximus, claimants have no legal right to require their assessments are recorded. You can ask if they will allow you to record but I would expect you to gave to provide the equipment, two cassette recorders should be acceptable.

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Postman's just delivered a letter. This is in regards to my request yesterday to Record ATOS work capability assessment medical.

 

Further to your telephone call on 8 October 2016 I am writing to explain the process involved should a customer in Northern Ireland wish to record their assessment. I should explain from the outset that this process has been stipulated by the Department of communities and one we are required to follow.

 

The Department for communities never require that medical assessment for the purpose of advising on entitlement to state sickness or disability benefits be recorded on audio or video tape.

 

Any request can only be agreed with the prior consent of the healthcare professional and then only stringent safeguards are in place to ensure that the recording is complete and accurate.

 

Recordings must be made by professional operator, or on equipment of a high standard, properly calibrated by the qualified engineer immediately prior to the recording being made. The equipment must have facility for reproduction so that a copy of the tape can be retained by all parties.

 

The cost of the making the arrangement rest with the customer as recording is not a requirement of the Department of communities.

 

In the interim, an appointment will be made and you will receive confirmation of the date and time by post. Please contact the service delivery lead on 0126432XX70XX before your appointment to confirm whether you have managed to source and recording equipment to enable us to make arrangements to facilitate your request.

 

Yours sincerely

 

Blah blah.

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