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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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Can we use Human Rights Act


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Hi

Does anyone know if the Human Rights Act can be used against a former employer. Briefly my partner was forced to hand in his resignation following a lengthy disciplinary procedure with allegations made that were completely ridiculous and manufactured by his boss and his wife due to my partner putting in a grievance for harrassment and bullying behaviour. Now I have been looking around the internet and found a couple of items re the HRA, one is Right to a fair trial (his disciplinary hearing was not fair and completely one sided despite massive discrepancies in evidence and was never upheld) and Right to respect for private and family life (his boss persistently questioned him on the fact that I lived in one part of the uk whilst he worked in another). My thoughts are that he was being obtrusive in his questioning regarding our family circumstances and that this should never have been questioned or raised as an issue at any point during his employment. there is also something else Article 3, which really refers to torture/inhuman or degrading treatment or punishment, could bullying and excessive punishment for trivial matters maybe come under this (i.e extended 3 month probation for not wearing a tie)

 

Any thoughts or help would be greatly appreciated. Unfortunately the company he worked for strung out providing him with any opportunity to go for a tribunial within the set time limits, so now is a case of finding where else we can get results and ultimately clear his name of the serious allegations made against him

 

cheers

Michelle

Any views expressed on this site are my personal opinion or experience and do not represent legal advice in any way

 

 

:o :rolleyes: Michelle ;):) :o

 

Halifax: ************ WON ***************

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Hi Michelle, if I was you I would look into something I am exploring. Read cases under The Protection from Harassment Act 1997. You'd have to take the it through the courts but there have been some bullying cases that have won under this Act. Read the links in the thread I posted:

 

http://www.consumeractiongroup.co.uk/forum/employment-problems/133158-taking-employers-civil-court.html

 

Hope this helps, and do let me know if you find a good solicitor. x

Please don't act on my advice without seeking a legal/expert opinion on the matter.

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HI, thats brill, had a look at your thread, will keep in mind and read the act a bit more in depth. Will let you know if find solicitor

MIchelle

Any views expressed on this site are my personal opinion or experience and do not represent legal advice in any way

 

 

:o :rolleyes: Michelle ;):) :o

 

Halifax: ************ WON ***************

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