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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
      • 161 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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Verbal Warning Based On Incorrect Information ??


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Hi Mollie, I assume your husband was told in the disciplinary that he had the right to appeal against the decision to issue a verbal warning? I would certainly advise him to appeal. Genuine sickness which is supported by a medical certificate, and especially hospitalisation, should certainly not be counted when considering any disciplinary action for absence.

 

I hear more and more these days of HR and managers enforcing absence policies inappropriately - when considering disciplinary action for absence each case should be investigated on its own merit and dealt with in a fair and "reasonable" manner. It's the word "reasonable" that some employers have difficulty with!! Please let me know if he is going to appeal.

 

Kind Regards

Ell-enn

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Did he have anyone with him at the meeting? he should have been advised that he had the right to be accompanied. If possible, he should make sure he has an English speaking colleague or union rep with him at the appeal.

 

What kind of business does he work for?

 

Also, are you able to scan and post the notes from the meeting - you can PM them in the first instance if you'd rather they were private - we can update the post as we go along to let others have the information. When I've seen the notes I can write you some points to take to the appeal meeting if you like.

 

Kind Regards

Ell-enn

If I have been helpful please feel free to tip my scales

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Seems harsh to me but I suppose employers need employees at work.

 

Employers do need employees at work... but what they don't need is employees demoralised by unfair treatment when genuinely sick - it has a knock on effect throughout the workforce and usually results in a high turnover of staff.

 

Absence management policies should not be scripts, they need to be applied reasonably and each case treated individually (in an ideal world, of course!)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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