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    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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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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What is the procedure when a GP wont issue futher sick notes.

 

Does the claimant just ring to close the claim? Then recieve final payment upto last day of previous sick note?

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what is this in relation to/>

 

SSp, ESA,

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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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A claimant on assessment rate esa, no atos assessment as yet. Claiming since 2nd june 2013 and receiving £72 pw. Just completed counselling and it looks like GP wont be wanting to continue signing notes for dwp.

 

They were not working prior to illness so no employer involved. Not sure theyre ready for the jsa wp fiasco so what will happen is a bit worrying.

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When does the existing sick note expire?

 

A letter from a doctor may be accepted (at the discretion of a Decision Maker) instead of the standard NHS Med 3 (or Med 5, Med 10) form. The letter needs to make it clear that that, in the opinion of the doctor, the claimant is not capable of work or has limited capability for work, and state also the nature of the incapacity and the period it's expected to last - that is, the letter states an expiry date just like the formal Med 3 form. Most DMs will accept letters that meet these conditions, but because the processor needs to pass them on to the DM, they can take longer to be updated on the computer system.

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Ah right i see, thankyou antone.

 

The current note expires 15th Jan. I will advise they discuss fully at next GP appt.

 

If neither note or letter get sent am guessing they will close the claim and pay up to last date covered then.

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If she has a note running until 15th Jan (and assuming she does not agree that she is fit for work) then she probably should do nothing until then. She should be paid as normal until the last fortnightly payment date before the 15th. After that she can call to close the claim effective 16th Jan and any remaining benefit will be paid to her then.

 

Of course, if she's able to sort out a new note, so much the better.

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Yes all makes sense, I am in the same boat (sort of) Current note runs out 8th Jan and that is also when my ESA payment is due, DWP (I called to check) said that payment is covered as the note runs out the same day so as long as I get a new note to them before the payment on 22nd Jan it is fine - I have a GP appt on 8th to get a new note so DWP will have it by 10th-11th (signed for recorded)

 

Luckily my GP is great and issues notes to me based on my anxiety, depression, back problems and being under a consultant for a urological problem. Of course that could change at any point and still waiting for ATOS (5 months in to ESA now) As soon as I do get that (no hurry thanks) I will be back on JSA and at INGEUS quicker than you can eat a mince pie at Xmas so got that to look forward to

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He had probs with that scenario essexmat.....last sick note ended 15th same day as payment due, but no payment was made, had to ring n get a same day payment, the new sicknote was on way but due to their insististing its sent miles away, then backtracked internal post to local area here, it takes nearly 5-6 days to arrive.

 

He was told if next one isnt sent they wait 3 days then pay out last payment and close the claim...good job he can use landline to ring if unsure.

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Mmm, will have to keep tabs on that one although when I called they said as my note runs out on 8th (effectively at 11.59pm) the payment would have been issued that day (am) so will go through but now I am worried. Can you call if no payment is received then as my new note won't get to them until around 11th Jan? Sometimes I wish my ESA and HB was one singlular payment - would be easier to manage

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Well the payment is usually in bank after midnight -early hours. He rang the number on the esa letter he had.

 

Given that they did it within 2 hrs maybe they saw it was their error. People seem to get differing info. One thing i do know its cleared 2 days before, so if due on friday then its released on weds to get in account on time. If worried i would ring day before to check. They just make it harder for claimants it seems.

 

Hope yours is ok.

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That simply is not correct, all GPs have a supply of these forms on their computer. It is a condition of their contract.

 

Not all doctors are GPs. Not all doctors even work for the NHS.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Not all doctors are GPs. Not all doctors even work for the NHS.

 

Antone, private practitioners can and should still order them if their clinical work involves being responsible for someone's care - if you get a frosty reception from a private practitioner they can get them from here:

 

https://www.gov.uk/government/collections/dwp-leaflets-and-how-to-order-them

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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  • 9 months later...

If a person has been refused jsa due to having left a job voluntarily, is there a period of time before they can apply for jsa at all? I was under the impression that there was several weeks before it could be applied for?

 

Can a person be refused jsa for not having pain enough national insurance in the previous year? They had only worked part time for health reasons.

 

Is there any form of hardship claim available for a person in these circumstances at all.

 

Previous job was left as sick pay had run out and due to either lack of or bad advice, they gave notice and left the job. Personally I would not have advised they gave notice. They apparently have been refused jsa 2 months ago and are being supported by family but have no money at all.

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Can a person be refused jsa for not having pain enough national insurance in the previous year?

 

Yes they can. You have to have paid a certain amount of NI each week in certain years (I don't know the rules; someone on here knows more than me I'm sure) to qualify.

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Income related would be available if contribution based has been depleted.

 

There is a 26 week "sanction" for intentional unemployment I think.

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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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If a person has been refused jsa due to having left a job voluntarily, is there a period of time before they can apply for jsa at all? I was under the impression that there was several weeks before it could be applied for?
You can apply for JSA from the first day of unemployment, regardless of the reasons why you left your job. If there is any doubt as to those reasons, the case will be referred to a Decision Maker before payment is made. Each case like this is decided on its merits: you should be asked if you wish to supply further information and your former employer may also be asked to comment. A sanction of up to 26 weeks may be imposed if the DM is not satisfied with the reasons for leaving and believes that the unemployment was voluntary.

 

Can a person be refused jsa for not having pain enough national insurance in the previous year?
JSA©, contribution based JSA, is based on the claimant having made sufficient NI contributions in the last two full complete tax years preceding the benefit year the claim was made. For a claim made this year (that is, between Jan 15 and Dec 15, roughly) those tax years are April 12/April 13 and April 13/April 14. If insufficient NI conts have been paid in those years, JSA© will not be available but income based JSA(IB) can still be considered. Entitlement to JSA(IB) is based on household income and savings.

 

Note that it's possible when making a JSA claim to apply only for JSA©, and a lot of people do this because the form you need to complete (online, by phone or on paper) is much simpler. This often turns out to be a mistake, since in these cases JSA(IB) can't be considered if there is no entitlement to JSA©. If the person you're asking about hasn't yet applied for JSA(IB), he or she should do so now.

 

Is there any form of hardship claim available for a person in these circumstances at all.
Possibly. I'm not too well up on Hardship rules, though, and in a lot of cases the claimant needs to ask about it - JSA staff often don't offer it or even make the claimant aware that it exists. To give more detailed advice, we'd need confirmation of the reason why JSA has been refused.

 

Also, if the person rents his or her home, Housing Benefit may still be available even if JSA has been refused or sanctioned. Contact the council for more information about this - he or she may need to make a "nil income declaration".

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The idea that all politicians lie is music to the ears of the most egregious liars.

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