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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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Self employed employee won't give me her tax code


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Hi hope you can help :|

 

A friend of mine works as a seemstress she is Bulgarian & employs a few members of staff to help her in her busy shop. All her employees work as self employed. In October 2015 she employed a woman who doesnt speak English who lives with her daughter who speaks adequate English. My friend asked this person many times to provide her with her tax & NI number so that she could register her for tax. Cut a long story short she refused to give it to her eventually resulting in my friend refusing to pay her the last months wages until she supplied her with the necessary information required. Apparently this women does not want to give her the necessary information because she lives with her daughter who is getting benefits (housing benefit & child benefits) & these benefits will be reduced if the income is declared.

 

Does anyone have any ideas what to do here :decision:

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If she employs people then I fail to see how they can then be classed as self-employed? If indeed they are self-employed then there is no need to provide any information as they will be responsible for paying their own Tax & NI.

 

https://www.gov.uk/new-employee/overview

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two wrongs dont make a right. Dismiss the person and sort out the proper regulation of her employees as that is what they are. There are 2 classes of employee, one of those is known as "worker" and they have less rights or responsibilities, such as zero hours contract people, casuals, agency staff etc. She will need to read up on it if she is to avoid problems.

Ultimately she will have to pay the person something for the work done but as she clearly doesnt have a clue about employment or contract law she should take proper advice first.

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  • 2 months later...

A bit of a late contribution from me ..............

 

If the workers come into her shop to work, they are employees without a doubt.

 

YF could easily be held accountable by HMRC for any tax and Class 1 NI Contributions that she's failed to deduct from their earnings.

 

She should seek advice from a suitably knowledgeable or qualified professional to discuss her options.

 

:-)

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