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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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Unlawfully dismissed and asked to repay so-called "salary overpayments"


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I would be glad for any advice on this as I am sending off a defence and counterclaim tomorrow by recorded delivery. Apologies if my post is a bit wordy.

 

Here is my story. I was employed as a Salaried GP by an NHS organisation on a fixed term basis, initially for 2 years. Near the end of the term, I wrote to my employer - so that I could negotiate a pay rise. They turned around and fired me. The letter they sent me said they were only doing this to reduce the costs involved in running the service.

 

In the meantime, I had signed on to a different contract with them and was essentially a permanent member of staff. I had carried on working on the new contract, and I enjoyed (and was proud of!) my work... and so, I was very disappointed to learn of the decision to terminate me.

 

Some managers also had to go in this cost-cutting move, with a redundancy package.

 

The employer is now claiming that I was overpayed salaries for 3 extra months after my initial contract ended.

 

To make matters worse, I signed up to a hire purchase agreement while still in employment. It was arranged by HR/Personnel and basically was an initiative to help NHS staff have a computer of their own for home use. Under this agreement, only employees with 3 years left on their contract could be approved by HR in the first instance. The repayments stopped when the job was unlawfully ended, and I was not contacted to return the computer - which by this time had crashed! The employer is also claiming I owe monies as part of this home computing initiative.

 

I feel very aggrieved and angry, and old wounds have been re-opened. I would like to know how to proceed with the defence and possibly even a counterclaim for all the lost wages, and the financial/emotional hardships of the last 3 years.

 

If I succeed in the defence, does it close other avenues such as the Ombudsman or even the High Court? Would pursuing the defence at this stage affect the result of proceedings at an Employment Tribunal - if the matter is directed there?

 

Many thanks

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I was employed as a Salaried GP by an NHS organisation on a fixed term basis, initially for 2 years.

 

Absolutely, no disrespect intended, but as there seem to be numerous interlinked issues in your post and litigation appears to have already commenced, you may benefit from some paid for F2F advice.

 

All the GP's I know certainly earn sufficient sums to afford this, and it could well be money well spent.

 

You can search for a local sol here:

 

The Law Society - Find a solicitor

 

Hope this is some help

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Thanks for that

 

I don't think I am looking for completely free answers. Litigation would proceed, and that is the path/option I have chosen.

 

I am already in contact with a local law firm and had been advised to bring in papers which I couldn't get hold off till today.

 

What I need is perhaps some help with completing the defence/counterclaim form tonight, as it has to be received by Monday.

 

Thanks again

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