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    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
    • Hearing adjourned until 23rd March. Looks like the other dates remain the same so I'm gonna have to send in a witness statement regardless of whether CEL plan to continue with this.
    • I'm a new victim of Junction City Cars so called dealership. I've bought a car from them, picked up the car from the address in Bradford /Shipley. Lots of issues with my purchase. Apparently they don't have a billing address. I've been to their address found on autotrader, it is the Andrew's Page shop in Leeds. The address in Dewsbury does not exist either, because the special delivery letter sent by us was returned back to me. They have no any traceable address or any address for correspondence. My advice to everyone who's been scammed by these  people to proceed with your investigation and complains to all the authorities possible,   starting with consumer rights(phone number 0345 404 0506), autotrader customer security (phone number 0330 303 9001) and even police or crimestoppers. Anyone wishing to buy a car from them please research first and don't believe any positive reviews they are all made up by 'Adam'.
    • I bought a car from an auction in Jan 2019 and the car engine fault light indicated there was a problem with the ABS. It went to an Audi Dealership for a diagnostic scan to identifying exactly the problems with this car.   One of them was a faulty ABS system which had the component, namely the ABS hydraulic pump identified as being faulty. Since then, this has been independently addressed by a non-Audi dealership but now a new fault code  was recorded that hadn’t been formerly discussed.   The code 01130 ‘Operation: Implausible signal’ declared itself and is related to the 45F2 ABS AUDI UK recall over a year ago. If put this to the dealership who did the diagnostic scan that previous campaigns that have now closed are looked at they will find that this is in fact an Audi recall fault and as such needs to be addressed courtesy of AUDI.   In fact, the same recall fault was listed as an item of charge. When I asked why the ECU had to be changed as well and told it was ‘because the ‘ECU is one and the same unit as the hydraulic pump and the two are replaced because of the way it is constructed’.   The matter has been raised with AUDI UK who tell me that having originally fixed the fault at the time of the initial recall on this car, the campaign open for 6 months was now closed and they wouldn’t be honouring the recall.   As AUDI pointed out when this fault was first identified, this was a serious safety issue and as such I informed the Trading Standards. They were satisfied that the safety issue had been addressed but had no redress as the campaign was now closed.   I was informed the 6 months was not set impartially but at the company’s discretion. They believed the Motor Ombudsman would resolve the issue.  This advice and the state of deadlock lead  me onto reporting it to the Motor Ombudsman but they flatly said they didn’t deal with recalls and ask Citizens Advice.    I feel that a safety recall on a fault is an issue indefinitely if it exists as the fault lies in the design and construction which is implied as the manufacturer foots the bill. How is it that after 6 months they are absolved of accountability? Is this negligence on behalf of Audi? I am not sure why the Trading Standards don’t see this as an issue apart from it being a ‘legal matter’.    What advice would you give me on going forward? 
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Maternity, sick and annual leave problems.

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Just a few basic facts first.

I found out I was pregnant on 18/11/2007.

I started work for my employer on 26/11/2007.

I was signed off sick on 4/1/2008 and am still off sick now.

I start my maternity leave on 11/05/2008 (29 weeks), baby is due 30/07/2008.

I am not entitled to smp as I haven't worked long enough, which is fine as I get full maternity allowance due to also being self employed.

i work from home for a large company.

 

I had a phone call from HR last week and was told I am entitled to 5 weeks holiday and I can take it prior to my maternity leave (holiday entitlement hadn't even crossed my mind until the phone call). I emailed her later when I realised I didn't have 5 weeks before my maternity leave started and she replied stating that as I was signed off sick from 4/1/2008 then I had only accrued holiday from those 4 days (holidays Jan 1st-Dec 31st). I also got an email today saying that I don't accrue holidays while sick but I do while on maternity leave but I can't take them the next year or before I accrue them, so in effect will lose my entitlement from 11/05/2008, when I start my maternity leave.

 

So basically, do I accrue holidays whilst sick?

Do i accrue holidays while on mat leave?

Are they allowed to refuse me the right to take my leave next year?

I am sorry so many questions!

Please ask me anymore questions if I haven't made any of this clear.

Thankyou

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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The issue of holidays and maternity pay has become a little clouded as there are cases before the European Court as existing opinion could possibly be affected by the terms of the Working Time Directive.

 

One such case is connected with holiday accrual whilst on long term sick. There is case law to confirm that holidays do not accrue whilst on long term sick leave (as 'leave' by definition means being given leave from work, so how can this be possible if one is not actually 'at work'?). The Appeal Court overturned an earlier ruling and it was concluded that holiday does not accrue whilst an employee is on long term sickness absence, but a further appeal has now gone to ECJ.

 

Holiday used to accrue during the period of Ordinary Maternity Leave but not Extended Maternity Leave (if exercised). Once again there are problems in adopting this principle as all employees are entitled to a minimum period of paid holiday, and as maternity does not alter the status of employment it is a grey area.

 

Untaken holiday. Debatable again - it has always been the case with many employers that there should be a 'use it or lose it' policy laid down by contract, so the contract should be the first thing to check. Again there is a complication with the Working Time Directive which, if tested, could determine that an employer has to grant the statutory minimum holiday entitlement, so if there are unavoidable barriers to taking the holiday then the employer should carry them forward.

 

Basically there are various opinions and cases pending. It isn't just a question of the WTD but also that if found on the wrong side of any interpretation, employers could be accused of Sex Discrimination on the grounds of pregnancy. It may be worth pointing out the problems and putting the ball in the employer's court about how they suggest that the matter be resolved.


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