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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
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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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How can I get Atos to asses me?


HelloDarkWorld
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Hi everyone,

 

I just wanted to update you on Atos assessments. There are two assessments in relation to my claims which Atos have failed to do for many months. One is the PIP assessment and the other one is the ESA assessment where after 13 weeks they were supposed to put me into a group and potentially give me a 'pay rise' from £71.70 to (up to) approx. £100.

 

Yesterday I filed two formal complaints by email to pip-customerservice@atos.net regarding the failure to make the two assessments. I did specify that I am not able to get their complaint forms to the post office and I requested that they accept my emails as formal complaints.

 

They responded to my complaint about ESA assessment and specified that they will respond about PIP separately. Their response was fairly lengthy so I'll cut straight to the important bits. They stated:

 

"Where there is financial hardship, the DWP office handling your claim can offer advice and may make a request to us that your referral is given priority."

 

Today I phoned DWP office, they said they sent a 'quick referral' in April 2013 but promised to do it again. I later today received a phone call with an appointment for ESA assessment within a few weeks. However, they asked me to come to their centre for appointment rather than a home visit, despite Atos having me down for a home visit for PIP. Atos told me that if I want a home visit I have to get a letter from GP stating why I should have a home visit.

 

Anyway, the appointment part was easy enough. Although I do have a feeling that there will be a catch somewhere with the 'home visit' - something smells predetermined if you know what I mean.

 

Another thing that really cheesed me off is that in their response Atos expressed that they are passing judgement on my current situation while taking on board the previous ESA report. The previous ESA report found me fit for work while the assessor at the time refused to look at my x-rays, and while a hospital was recommending me to have an operation (I wrote in more detail about this at the beginning of this thread). So basically, because I did not log a complaint at that time despite their assessment being contradictory to medical professionals' recommendations, this old assessment will now continue being the foundation for my current assessment. The fact that I had 2 major spinal operations since then or that my circumstances have changed seem to be far less significant than the incorrect misleading report they wrote for themselves.

 

I'm getting lost for words... IMO Atos should be shut down.

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Unfortunately, it seems to matter not what any other medical professional, who clearly knows you better than any ATOS HCP can possibly do after a 20 minute assessment, says about your limitations. ATOS can and do write whatever they like in their report with absolutely no come back.

 

I would normally be recommending that you insist on having your assessment recorded, however in your case speed seems to be of the essence so probably the best you could do would be to take someone with you to take notes. Asking for a recorded assessment at this point is just going to cause a delay. Only if you absolutely have no choice should you go to the assessment alone.

 

Over the home assessment, the arrangements for ESA are different to those for DLA or PIP. Unless there is a medical reason why you cannot get to the centre and you have a letter from your GP to confirm this, they will not to a home assessment, and in any case that is again likely to lead to a huge delay - I'm still waiting after 2 years. The only exception to this is if your assessment centre is not on the ground floor and you cannot get down the stairs in an emergency - in that case you would be turned away and have to have a home assessment, though none of the literature you are given ever seems to tell you this. If you cannot do stairs in an emergency, probably best to check before you go that the assessment is on the ground floor.

RMW

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

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You suggested I should let you know if I need anymore details and that you will be happy to help. Yes please, Malc, I will take you up on the offer. You mentioned that depending on where I live there might be help available from third party trust funds for i.e. energy bills? Well, I live in Westminster, can you please let me know who I can contact about these trust funds? Or where I can find them?

 

Thanks in advance.

 

Hi HelloDarkWorld

 

Sorry for the late reply. I've been out of the office since last Wednesday.

 

Not sure if you saw my second post on this thread above (post # 23). Our Caring Energy team are the people to speak to. They've specialist knowledge of all the options available and will be happy to help.

 

One of the possibilities I was thinking of was help through the Water Trust Funds. The help available depends, though, on who supplies your water. I'd contact your water supplier and see if they support the Water Trust Funds and, if they do, what help they're able to give.

 

Our Caring Energy team will be able to give more detailed advice about the Water Trust Funds as well as details of other schemes.

 

Sorry again for taking so long to come back but hope this gives you a couple of pointers.

 

Malc

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