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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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ATOS Home Visit : At my wits end


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First, regarding the ATOS assessment on 25th, what is likely to happen when the assessor arrives? Will your husband stay in the same room as the assessor even if he won't speak? I'm asking because if that is the case, all you need to do is give your husband a chance to respond, then explain why he isn't speaking and basically answer for him throughout the assessment. If he won't even stay in the same room/come out of his room etc, then you need to let the assessor see/hear what is going on and hope that is enough for them to advise the DWP.

 

If you have the tribunal result from the last time, have a copy of that handy to show the assessor. I'm actually quite surprised that they're insisting on a face to face assessment again as ATOS don't like doing home assessments. Have you contacted them to point out that your husband won't co-operate?

 

Over yourself, as a carer you are entitled to have your needs assessed. Contact Adult social services and ask them to do an assessment. Also go to your GP and tell them you're at the end of your tether and fear for your own health if you do not get some support.

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RMW

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I had a paper based assessment once ATOS finally accepted that they would have to come to me - the doctor that was going to do the assessment got the file the day before and decided it would be a waste of time as there was more than enough evidence for enhanced awards of both components. Don't expect anyone to have read a single thing that you send before the day of the assessment, they just issue appointments willy nilly and rely on claimants to contact them if the appointment is in any way unsuitable.

 

In your situation, if ATOS won't back down I'd let them turn up and let hubby do his thing. Ideally I'd be recording every word on my mobile as well just in case the assessor comes up with 'there was no one home' etc.

RMW

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

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Don't forget to get help for yourself organised whilst you're waiting for them to sort themselves out. whilst you're doing that, you should look into getting formal authority to deal with people like DWP on your husband's behalf.

 

Absolutely none of my business, but does your husband never let you answer the door?

RMW

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I wonder if a charity could provide you with specific advice regarding being an appointee? It sounds like your husband has OCD amongst other things - check out charities and see if they might be able to help. At the very least, you may find an online support group and it can be a huge help knowing there's someone who understands what you are going through to whom you can speak more or less any time of the day or night.

RMW

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Phone the DWP office dealing with his claim and complain to them, if that doesn't work, try your MP, local CAB or your council's welfare advisor for help.

 

The letters are almost certainly standard issue ones sent out by someone pressing a button with no thought to the consequences. Since they've already agreed a home assessment, it's barmy that they've gone back on that and that they've done it before waiting for you to send your GPs letter.

 

Email this address custrelations@atoshealthcare.com with the subject 'Complaint' and set out what has happened so far. If possible, enclose the letter from your GP or say you'll send it a.s.a.p. Finish by saying that if they don't resolve the situation satisfactorily within the next 5 working days you will escalate your complaint further.

 

 

NOTE - miss out the space in the email addy - there's some technical reason that I can't remember for it being put in by the forum.

RMW

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

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Can't hurt to try ATOS again, but you must email the complaint as well, their 'automated system', which is what this is all about, is getting beyond a joke. It churns out letters for the next available appointment which may or may not be within DWP travel parameters with no input from anyone about what is suitable - it may even automatically send out a new letter if an appointment is cancelled unless someone tells it not to. If you want to wait until the assessment is over that's fine, but please please do complain - the system is causing so much harm it's untrue. If you would like help wording it, I'll help (but not for at least 6 weeks, I go into hospital on Tuesday for a major op and I won't be able to sit and type for quite a long time).

 

DWP need to be told of the issues you are having, but I suspect they'll just refer you back to ATOS, however they may tell ATOS to get further medical evidence before deciding if an assessment is necessary (which is what ATOS should have done in the first place given your husband's issues) so it is worth speaking to them - to quote my husband, if you don't ask, the answer is already no.

 

Only someone who has endured the ATOS shenannigans (twice, first time went to the assessment only to be refused entry as they don't allow wheelchairs above the ground floor then spent 2 years waiting for them to actually turn up at my home, second time sent me an assessment at 8.45 am on a Monday morning over 40 miles away, journey would have taken over 2 hours by public transport if I'd been able to use the non-wheelchair accessible bus for the last leg) can really understand the stress it causes so I'm more than happy to help a fellow sufferer as much as I can - and it makes no difference whether you're the claimant or the claimant's helper - just mention ATOS to my hubby and watch him explode!

RMW

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

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DWP have the final say over the benefit claim, so they should also have the final say over whether or not there needs to be a face-to-face ...... but (there's always a but!) they are likely to say that ATOS are the medical experts so should make those sorts of decisions. However, ATOS are clearly not following DWP guidance in insisting on a face-to-face assessment before making efforts to obtain the information they need via other means.

 

This is an extract from PIP Assessment Guide which you can find at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/449043/pip-assessment-guide.pdf

 

 

2.3.8. The circumstances where obtaining further evidence may be appropriate include (but are not limited to):

 Where HPs feel that further evidence will allow them to offer robust advice without the need for a face-to-face consultation – for example, because the addition of key evidence will negate the need for a consultation where they feel that a consultation may be unhelpful because the claimant lacks insight into their condition or a consultation may be stressful to the claimant

 Where they consider that a consultation is likely to still be needed but further evidence will improve the quality of the advice they provide the Department – for example, because the existing evidence cannot be balanced or suggests unlikely outcomes or to corroborate findings of other evidence.

 Where, in reassessment cases, further evidence may confirm that there has been no change in the claimant’s health condition or disability.

 

I would be quoting the paragraph number and highlighted bit to DWP, tell them ATOS are insisting that you obtain the further evidence despite having full information already provided on how severe your husband's issues are, and that they keep changing their minds as to where the assessment should be anyway. I would also tell them that ATOS tried to insist that you not contact DWP about the problems you're having with them. The bottom line is that your GP's letter on it's own should be sufficient evidence of your husband's very high level of disability and a face-to-face is never going to provide any relevant information since your husband won't even let them in the house never mind speak to them.

RMW

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

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