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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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I get ESA for profound hearing loss and i'm in Work-Related Activity Group for approx 1.5 years now. We have only recently realised we were eligible for mortgage assistance also.

 

ESA sent us the forms and here is where it gets complicated.

 

I get esa for US as a couple, my wife gets a carers allowance for her disabled son.

 

ESA sent the forms in My name but the mortgage is in HER name as she owned her property before she met me. we filled out the forms and mailed them to the mortgage company who promptly forwarded the forms to watford saying i was not their customer.

 

ESA says they cant send the forms in her name and the mortgage company wont accept the forms in my name.

almost seems that switching from ESA in my name to IS in her name would be the easiest option ( or path of least resistance anyway)

 

Any advice would be greatly appreciated.

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Hi Gregstx,

 

you are on the right track, if you wanted to apply for help with your mortgage then your wife would have to be the customer because the mortgage is in her name.

so to do this she would have to claim I.S for you on the grounds of a Carer

But are you on ESA IB or ESA Conts?

 

If its IB then your ESA will cease but if its Conts then it will be treated as an Income.

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Hi Mike, Thanks for the reply and assistance. I get income based ESA and in the work related group. Just to clarify she gets a carers allowance not for me but for her son who is now 17 if it matters. so the ESA would stop i assume? Thanks again.

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Yes if you are on IB ESA it would cease as soon as she makes the claim to I.S.

I.S is income based and so is ESA IB and you cant have both.

 

I dont know what ESA you are on but she would claim I.S as a carer her I.S would be £105.95 couple rate plus £31.00 carers premium minus her CA, I presume its £55.55. = £71.40

so do your calculations.... I am also presuming no capital over 6k.

and the CA doesnt have to be for you

 

Best way would wait to you are paid ESA , next day if you decide to go ahead, she makes the claim to I.S, you close your claim to ESA, should be sorted for next payday....

Your payday may be different for the IS claim as it goes by the last two digits of the nino......

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Hi Mikey, Thanks again. sorry to be redundant. I just want to be certain i give accurate and as complete info as i'm able.

 

I currently get INCOME Based ESA in the work related group. and do permitted work 16 hours. She also works 5 - 7 Hours a week.

 

Is there any permitted work on IS or will this income be deducted from Income Support? and we definitely have NO capital.

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Ok :)

permitted work, how much do you earn?

your earnings will be taken in against IS pound for pound

 

a partner on IS can work for up to 24 hrs.... you will be the partner

 

and I presume your wife gets the minimum wage.

she will get £20 disregard..

 

so for eg she earns £50 then £30 will come off the I.S total

 

so to get the calc take what you earn off the total..

 

and take your wifes earnings less £20 off as well

phew!

that will leave you with your ent to IS

Edited by MIKEY DABODEE
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ok then £90 will be taken into account for you

and £30 for your wife..

so £120....

Permitted work is treated differently for I.S purposes.

 

you are allowed one disregard on a claim your wife would get it as she is the customer its £20 for a carer..

 

so you are EIOR then

in other words not entitled to any money from IS... but you may be entitled still though to help with your mortgage....

 

maybe at this point you could seek help off CAB.... remember I.S only pays help with the interest on a mortgage I dont know how much interest you pay but CAB could do the calc for you to see if you would be better of on ESA or I.S.....

Edited by MIKEY DABODEE
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they would greg..

 

ESA IB is income based like I.S..

 

your wifes PTE is an income that comes into the house hold so has to be taken off.. in other words into consideration

 

but the big difference between the two, is your permiitted work

 

I.S would take all into account in your case :(

Edited by MIKEY DABODEE
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  • 5 months later...

Currently am on ESA, and recently asked help with my mortgage, was sent a form to fill up and part of it need to get it filled by the lender, Will it affect the relation between me and the lender in the future and will it affect my credit record.

Thanks

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