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    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself released a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can see the finance company. Somebody else on this forum in the past 23 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure judgement against them. Then if there is any difficulty enforcing the judgement, one can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
    • Hi Bank Fodder,   With regard to court etc, no that wont be a problem, at the moment they are borrowing another car to get to and from work.   JJ
    • Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!
    • I'm terribly sorry but you haven't addressed the question that I put to you in my earlier post. It really would be helpful if you could do this.
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Right let me explain then ask the questions: :roll:


I worked for a well known supermarket where id worked for over a year, Ihad an accident on their premises due to their negligence in february 2008, I've to date had 2 operations to repair the damage and am awaiting a 3rd, cant work as i am currently, During this time ive met with the company occupational health nurse who requested i return to work 4 hrs a night stacking shelfs (manual work) as my injury is to my ankle i cant stand for 20mins let alone 4 hrs so i declined stating i couldnt do this (this was around (april 08) to which i was told if i didnt return my contract would be terminated?


So question 1, is this acceptable and if not what part of employment law is breeched??


Also whilst on the sick which i have been since the accident the store personell manager has asked other then staff members (who have since left) to keep an eye on what i do and get upto and report back?


So Question 2, is this acceptable and if not which laws / regulations does that breech, privacy? human rights? etc etc.


Any help greatly appreciated as im trying to build a case against them

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Hello and Welcome, Bob.


See you found the correct Forum ;)






Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Bob


Not sure I can help as I dont know much employment law. Hopefully someone will be along soon.


Have you tried asking your question on i-resign.com. They have some very good employment advisers who have helped me out in the past.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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can they not offer you an alternative position such as till work where you could sit down, are you claiming damages? if it was a work accident you could well be entitled to compensation for loss of earning and such. my mum works for a well known supermarket (in the warehouse not shop) and had a work accident causing a back injury which she has had i procedure on and awaiting a 2nd so similar story to yours except her bosses have been quite good and shes been on light duties for the past 2 and a half years since the incident meaning shes still able to work but rather than physical work shes been able to do office work and other bits that wont effect her health

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unfortunatly i have to keep my ankle elevated as much as possible and non weight bearing even like this its painfull, weight bearing is impossible, they did mention tills but my specialist surgeon said this wouldnt help at all as i have to keep it elevated and motivated. And yes im claiming against them

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2 threads merged.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.



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Strange as it may seem, your claim against them and their right (or otherwise) to dismiss you on the gounds of capability are not really linked!


If you have been employed for over a year you have certain rights. However, if you are medically not able to do your job, subject to following the correct procedures they can dismiss you on the gounds of capability. Obviously if they do not follow the correct steps you may have a claim. For this purpose the fact that they may have caused your injury is neither here nor there.


If you win a claim against them for your injury, your loss of earnings will be taken into account in setting the amount of damages. Obviously, if they sack you in the meantime and you can't find another job this will increase the amount you may be awarded!



I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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