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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 
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    • 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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  • 1 month later...

I have attended an appeal. My situation is completely different. What Atone said above is correct. There are 3 people on the panel who will ask questions in relation to the person's disability and their care and mobility needs. So for example, as someone with a visual impairment, I was asked how did I get there. (which probably isn't relevant to the case mentioned in the OP)

 

It's not, in my experience, that formal either. I was lucky - they saw I was visually impaired and one of the people on the tribunal (the disability specialist person) had worked with people with similar problems.

 

There was, I do believe (maybe the eprson from the DWP?) taking some notes. I had 3 people asking me various questions, all of which related to my disabilities and what was written on my forms. You have to remember it's how the person was at the time the forms were filled in. So, for example, I was starting to show signs of asthma a few months previously. But because I'd reapplied for DLA some months before, I could not mention anything about it.

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  • 2 months later...

As I understand, you're invited to apply for PIP once the child turns 16. But on other forums, some parents were waiting until the child was older (ie, nearer 17) due to the baclogs.

 

I'd phone up and clarify. But the DWP don't have to follow the recommendations of the tribunal.

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  • 11 months later...

It's 4 weeks from the date of the phone call. You can ask for an extension.

 

A diary isn't required; but may help. However, when I did mine for my reconsideration, they ignored 99% of my evidence. (my diary backed up what my consultant said - but because I was seen on a good day, that was all that mattered, apparently)

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  • 3 weeks later...
Hi, so the PIP pack has at last arrived. Can anyone please advise as follows:-

 

Do you have to score 12 points on every section of the daily living in order to be awarded the Enhanced Rate.

Same question relating to Mobility do you have to score 12 points on each of the two sections to be awarded High Rate Mobility? or is it 12 points combined.

 

If anyone could explain please.

 

Thanks

 

You have to score a total of 8 points to get standard care (or mobility) and 12 to get enhanced. So, if you score 4 points on question 2 and 4 on question 3, that would get you standard care.

 

It's the same with mobility. I get enhanced rate because I scored 12 on the part about planning a journey. But, you can also get enhanced if you scored 8 on one section and 4 on the other mobility section, for example. As long as you get a total of at least 8 on both mobility sections, you get lower mobility and enhanced if you get 12 points.

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  • 2 weeks later...
  • 4 months later...

As I understand it, there are no descriptors as such, like there is with PIP. You have to prove that your child has more care and /or mobility needs than a child the same age or the same needs as a younger child.

 

The mobility criteria for children is the same as the DLA mobility for adults.

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