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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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Hi Rainbow

 

Wow you certainly have been through the mill.. You deserve a medal for what you've gone through ;)

 

OK from what I can see you look like you have a good case for bullying and/or discrimination or even sexual harassment.. According to Employment law and ACAS guidelines, you should have received a letter detailing why you are being brought to a disciplinary hearing, and the date, time and place, and also the fact that you are entitled to be accompanied by a colleague of your choice or an accredited Trade Union official... Do you have this?

 

You should collect all evidence to back yourself up at the hearing - ie, statements from any colleagues who heard the comments made to you, dates and times of incidents; Sickness notes/letters/appointment cards from your GP/Hospital... Payslips showing Holiday deductions/payments etc... Any letter informing you of changes to your contracts - and of course new contracts that may have superceded your old contract and reflected the changes made (for your hours reduction).. If you have these, then your next move would be to raise a grievance as Ell-enn said above. Your employer has to deal with your grievance in line with their procedures outlined in your contract so be sure to read up on that and seek advice from C.A.B. also to make sure everything is being done correctly by your employer.

 

Keep a written record of everything that happens, in a numbered/bulleted format (as this may form the basis of a witness statement you would rely on if this should escalate to a Tribunal - hopefully it will not, but it's best to have everything in writing so that you can keep on top of things esp. with C.A.B.)

 

A friend of a friend was being racially and sexually harassed by a senior male colleague in a blue chip consualtancy company here in London and she kept a note of every incident/remark/person witnessing everything - the evidence she had prior to her disciplinary hearing (for poor performance - related to the harassment she suffered) was insurmountable and she walked away in November with 3 months' severance pay and a good reference.

 

So do not give up, I hope some of the info is of some help to you.. You have come this far and I hope things turn out ok for you..

 

Keep posting your progress ;):)

 

Dons2008

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Hi Rainbow99 hope you're ok today ;)

 

As you are going through the hearing, the person chairing the hearing will read out any allegations made against you and ask you if you understand.. They should take you through the allegations - one by one - saying that on X-day you did X and Y.. and talk you through the rest of the procedure.

 

You should be given a chance to answer to each allegation and explain how the incident happened, and admit or deny the allegation. There will normally be somebody from HR there taking notes (these should come out to you as minutes of the meeting at a later date) The points you would expect to be addressed in the disciplinary are the points they have made you aware of, these being your minor errors which you touched on the other day.

 

In your grievance letter, you should outline exactly as Demon x Slash has stated, ie, whats happened, how you were treated and they should write you an acknowledgement letter and invite you to a meeting to address your grievance. You need to check your contract to see what the procedure is regarding this, and also try to get an urgent appointment with the C.A.B. to get the contract checked out and make sure your employer is acting within the guidelines laid down.

 

Apart from that, I would ask anybody at all in the company - even if you may not be friendly with them, doesn't matter, just get somebody in there with you... in capacity as a witness, this way if there is any attempt of a cover-up or to back you into a corner (as I mentioned before) you have a witness to verify you.

 

You definitely have a good case, I hope any of the above helps.

 

Dons xxx :)

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