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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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Child's DLA & DLA Migration to PIP


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It is 12 points altogether for care and 12 altogether for mobility.

 

 

When completing the care section, remember that pretty much anything can be an aid if your mother uses it to compensate for a disability, even if it's something a lot of people have anyway. For example, taps with levers are an aid if you couldn't turn an ordinary tap, even though lots of people have them.

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RMW

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

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Hello again, so I am now onto Q14 Mobility of the PIP application. On Q14c it says 'do you use a wheelchair or similar device to move around safely etc'

My question is:- I'm sure I remember it being said that if you use a wheelchair, it stops you being awarded High Rate Mobility - is this correct?No, if someone uses a wheelchair because they cannot walk (repeatedly and reliably) 50m, then they get the enhanced rate. You may be thinking of the rules for ESA where having to use a wheelchair means diddly squat.

 

Also just another quick question, Q13, three of the descriptors have changed, and it precludes people with psychological distress, so it looks like anyone with a mental health illness can never be awarded the 12 points. My mother has both physical and psychological disabilities. I have included both in the Q13d as the PIP booklet states 'it doesn't look at your physical ability to get around which is covered in the next section'. My mother's mobility disabilites are combined with both physical and psychological problems and I had to explain how they both interacted with her mobility. Tried asking the PIP helpline, and they did not know the answer.

 

Help please.

 

DWP recently lost at the Upper tribunal as to whether all descriptors for q13 apply to mental health in general or only things like dementia or a learning disability. The tribunal thought that the reason someone can't do something is irrelevant so any descriptor could apply, but DWP didn't like that so they got the rules changed by parliament. The overall effect now is, for example, that someone with agoraphobia but who can sometimes leave the house, now gets nothing unless they have a physical restriction as well.

 

That said, I wouldn't worry too much about including something if it may not apply, better than not including something which you should have. I'm all in favour of if it's worth telling them, it's worth telling them as often as possible even if it's in the wrong bit of the form. Bottom line is that the assessor has to consider all the sections even if you filled in none of them, though whether they would is a different matter.

RMW

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

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Be prepared for no one to have read anything you submitted before sending an appointment. I can't speak for Capita as it's ATOS in this area, but they have admitted that everyone is sent the first available appointment in their general area and they rely on claimants calling them to complain if it's at all unsuitable, in my case that was over 40 miles away at 9 am on a Monday morning in a building with no wheelchair access and no parking nearby. I even included a letter from their own doctor who did my ESA assessment saying I had to be assessed at home.

 

As your case should be flagged as having an appointee and as I get the feeling Capita are more reasonable, you should be ok, but if you're sent an appointment just ring and explain and someone should have another look at it.

RMW

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

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Thank you for responding RMW. I have called the PIP so called helpline a few times to try to clarify certain questions, especially Q13, but they said the 'don't know'. I also asked if I could type up the responses and stick them in the information boxes - this was a big no no, everything has to be handwritten they told me as it goes through a scanning device.This is an outright lie - many disabled couldn't write, me included, and they know it. I would have thought that it would have been easier for them to read the typed info instead of my handwriting. I also cannot understand why PIP2 is not yet available on a PDF format Again, DWP promised 2 years ago that electronic forms would be available soonwhich would make carer's lives so much easier if they choose to type these very lengthy applications. I did type the section where it states that as I am the DWP Appointee, every effort should be made to come to a paper based decision, and I stuck it down at the back of the application where it mentions about Face to Face interviews.

 

Anyway, once again, many thanks for all the input, I will update the forum as and when I hear anything.

 

Best of luck

RMW

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

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