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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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I have two 15 hours per week jobs. A couple of weeks ago I had another job offer. One of my bosses heard about it and called me in to offer me more hours. She used an excel type salary calculator and offered me a salary of £17 000 per annum for 25 hours a week. As it was a great offer I accepted immediately. So I declined the first job offer, resigned from my 2nd job and was excited about starting the 25 hour per week, £17 000 per annum job.

Then about a week ago I was informed that my boss will be off sick for the next month. Today I was called in by the "acting" boss and told that the salary was incorrect and that they were only going to pay me £13 000.

Obviously I was upset and told them I think it was unfair and that I will consider my options.

I can't go back to the job I resigned from as the position has been taken and I can't accept the other job offer as they too have appointed somebody else. So what do I do? I was told that once I accepted an offer then it's considered a binding contract eventhough I don't have anything on paper. Should I take this matter further?

 

Please, any advice would be appreciated.

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If only you had it in writing....................however all you can really do is put a grievance letter in, state in it that you accepted the job on the basis of a salary on 17k per year etc etc.

With any luck this will appeal to their better nature and they will come to an arrangement. Do not hold your breath tho, my bet is on they will say that you got it wrong and the job offer was always on 13k.

This is all true unless you had a witness???

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Today I was called in by the "acting" boss and told that the salary was incorrect and that they were only going to pay me £13 000.

Obviously I was upset and told them I think it was unfair and that I will consider my options.

 

Your first option is to write a letter to the effect that you are extremely concerned that having been offered the job for £17,000 pa the company are now trying to reduce this to £13,000 and that you have terminated another employment on the strength of the original offer. If you are lucky then you will receive written confirmation that although the offer was made at £17,000 this was incorrect and they will only pay you £13,000. They will find it impossible to respond without mentioning that an incorrect offer was made originally, which then becomes your bargaining chip. On the strength of that, as suggested by Cal37, you may be able to negotiate something closer to what you want - if indeed you intend to remain there.

 

Alternatively, if they will not play ball, or if you believe that you will not be staying there anyway, a contract is a contract and this company breached it before you even started. Never mind that it is only verbal the response to your grievance will change that to written confirmation of the original offer. They can't dismiss you, but may only terminate the contract rendering them liable to pay you three months notice based on a salary of £17,000 per annum.

 

In the meantime, I would strongly suggest that if they invite you for any more little chats, you have some means of recording what is discussed - a mobile phone or MP3 with a one touch voice recorder which you can be holding whilst being spoken to for example, or ask for permission to bring a witness.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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