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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.

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      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
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    • 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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ATOS medical????????


Miki123
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Hi all looking for some urgent advice.

 

My Partner is an uncontrolled epileptic which was caused by significant brain scarring due to cerebral convulsions as a child. She used to work until the birth of our first daughter 2 1/2 years ago where the pregnancy triggers the seizures.

 

After consulting a neurologist they have tried her on 2 different meds at different dosages but as yet to find one that will stop the seizures. She also suffers from memory and concentration issues and what the doctors think could be fibromyalgia which is yet to be confirmed or denied. Stairs, lifts and fast moving objects, flashing lights and stress have all been known to induce seizures.

 

When my partners maternity leave expired she quit her job and applied for ESA and was placed directly into the Support Group and has been there since.

 

Then suddenly this morning we receive a letter from ATOS stating that an appointment has been arranged for her to attend a medical review in Romford (14 miles from our home) on the 9th Oct 2012. Apparently there are 36 steps to get to the ground floor an the centre is based on the 2nd floor which is nice of then to find a convenient location for disabled people.

 

My questions are:

1) why after 2.5 years of being in the support group have the suddenly changed her over and requested a medical?

 

2) as I'm her carer how am I supposed to attend the medical with her as well as supervise 2 children under the age of 3 as I have no one to leave them with?

 

3) am I allowed to go into the assessment with her especially considering she has memory and concentration issues?

 

4) is there a way we can appeal against the decision of this interview considering they have copies of reports from gp's, neurologists and copies of MRI scans?

 

Or can someone advise on what to do next?

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Hello there.

 

Your thread may need to be moved to the main benefits forum for wider advice, but I'll leave it here for a bit longer and see how you get on. I have a question and an answer or two for you.

 

You say the assessment is on 9th October, do you mean November please? In some circumstances, if your GP will write to back it, you can request a home visit.

 

3. Yes you can, my OH came to my assessment with me.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Not sure if it's any help, but I have to go to the Romford branch for my medicals, and there is only a couple of steps into main building, and there are two lifts just a few steps from main door. When you come out of the loft, the waiting room is straight in front of you.

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You say the assessment is on 9th October, do you mean November please? In some circumstances, if your GP will write to back it, you can request a home visit.

 

3. Yes you can, my OH came to my assessment with me.

 

My best, HB

 

Oops yep my apologies I did mean November. Kind of wrote in a panic and a rush.

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Within the last 2 years, the criteria has changed.

 

I understand that but ATOS send her a questionnaire every 6 months which we complete and return and have never had this problem until now.

 

When originally applying she was told she earned enough points to be placed directly into the Support Group and never underwent any Medicals. Never had one in the two and a half years of claiming it until the letter received today.

 

I called ESA call centre about 20 mins ago and the woman has advised to put in writing to Glasgow that the journey and obstacles getting to the centre would be cause for concern and to request a home visit but could not answer as to why after 2 1/2 years they suddenly want to do an assessment.

 

Another question is her neurologist told her that she'll never work again, can ATOS over ride that decision and force her to look for work?

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Not sure if it's any help, but I have to go to the Romford branch for my medicals, and there is only a couple of steps into main building, and there are two lifts just a few steps from main door. When you come out of the loft, the waiting room is straight in front of you.

 

Ok I didn't know that. The letter they sent today states on the back that there is no parking in/near the centre and that there are 36 steps to reach the ground floor and that the centre is located on the 2nd and to let them know if you require assistance in the event of an emergency evacuation.

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Yeah that's the same one I went to. Why they gave you incorrect info I've no idea. There is limited parking, but there is a huge multi storey carpark on western road. They should have given you a map showing you where all the blue badge parking in that vicinity is.

 

There are a lot of car parks, but they all involve some level of walking which is obviously not ideal. The bus stops outside the building, but again, not ideal. You would probably be better asking for a home assessment as already mentioned. The info I gave you earlier is related to the Blackburn house centre though.

All the best.

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If they've said there is no parking I would think it unwise to travel 14 miles on the off chance. I would advise them you are unable to attend as carer cannot, and because of access problems, there fore you will need a home visit.

 

Oh yea and don't forget to tell them you need the medical recorded.

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:Miki123:

 

Taking your questions in order cept for number 3 that :honeybee13:'s already answered:

 

1. Jobcentreplus can review a claimant's capability for work whenever they choose to do so.

 

2. Fraid Atos don't care about who's going to look after your children. Any request for a home assessment will have to be supported by a letter or report from a medical professional (preferably a doctor), who's involved in your partner's care, to explain why your partner can't travel to an assessment centre. Unfairly, if your partner can get to the doc's surgery, hospital outpatients, etcetera, she'll be expected to attend an assessment centre.

 

4. Following the interview Atos will send their recommendation about your partner's capability for work to Jobcentreplus for consideration by a decison maker. The eventual decision, which may over-ride the neurologist's opinion, is appealable.

 

Advice on what to do next;

 

Contact the assessment centre (not the ever unhelpful desk) and ask them to look at your partner's file to find out whether she was sent a questionnaire. Atos don't have to send a questionnaire but from what you've written I think it's more likely than not that one's been lost by Royal Mail.

 

Best wishes, have a cheery :panda:, Margaret.

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