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    • Okay, he needs to stay in the defence that he is unemployed and on universal credit and he sold a car. Can you tell us how long he owned the car and was he the registered keeper? Did he drive it at all? They are suggesting that the MOT was obtained fraudulently. You will need to tell them to prove it because this is a very serious accusation. If I were you I would go to the MOT station and tell them what is being said about them. Also, in their claim, they say that upon closer inspection they found that the tyres were cracked. This suggests that they did inspect any inspection they carried out wasn't done properly but that should be their responsibility. Do you agree that the tyres were cracked? Have they provided any photographic evidence?  
    • right spoke to them, best they have done is get me in for a cpap this Thursday and will do another questionaire with me. 
    • If you can help spare me the trouble of going through the thread again: you shipped this PlayStation directly by entering into a direct contract with EVRi – correct? You didn't use a parcel broker – correct? In their defence they keep on referring to the "shipper" – not "claimant". The shipper is you – correct? They offered you insurance for the item. Did you insure or not? Those questions for starters, please
    • To turn out to the action that you should take. You should not stand for any nonsense. You should decide absolutely that you are going to return the car. Of course you made a big mistake by paying for it by debit card. Although slightly better than paying by cash or paying by bank transfer. Is the vehicle currently stored off-road? The first thing you must do is you must get an independent report. You must write to big motoring world immediately. You still are within your 30 days. Write a letter of rejection. Tell them that you are rejecting the vehicle for a full refund. It is defective. Give them a list of the defects which have occurred so far and explain to BMW that as they apparently refuse to accept your own account of the defects on the vehicle even though they are supported by photographic evidence, you are now booking in for an independent inspection by an authorised VW dealer. This inspection will cost £XXX and you will be seeking to recover that sum from them when the vehicle is returned. Tell them that your decision to reject the vehicle's absolute. You're not interested in any repair offers. You have read sufficiently about them on the Internet to understand that they are not to be trusted. Tell them that as soon as you have had the independent inspection which you fully expect will confirm the faults, you provide them with a copy of the report together with a bill for the inspection and if they will not make immediate arrangements to recover the vehicle, to refund you the cost of the vehicle and the cost of the inspection – together with any other expenses reasonably incurred [list out any expenses such as insurance, road fund tax – et cetera et cetera], then you will start an action against them and without any further notice. Tell them that you are currently storing the vehicle off-road and unless they make immediate arrangements to collect it at their expense will also start adding a daily storage charge of £10 per day and this will be added to the court claim which you will be making against them. If you're happy with this approach then book the inspection immediately. Come back here when you have a date for it and we will then complete this draft letter and send it to them and the draft letter will also contain a deadline after which you will begin a legal action. Let me tell you now that if you aren't prepared to go this route, then you may as well give up because we are all wasting your time and you better accept the slap and be more careful in future. I see that you are griping a bit about £240 cost of an independent report. As I have said, you will in all likelihood recover this although it will take a court action. However, I'm afraid that this is the kind of thing that you will have to accept when you buy a vehicle without first researching the dealer and also you buy it at a considerable distance from your own home. Although you are well within the 30 days, today we are pretty well at the end of 26 February. I suggest you get a move on  
    • Thanks Dave and JK.   So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre? Is there a template for this email I can use?  I just want to make sure I'm including all the right things. Thanks CD
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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.
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Reasonable Adjustments


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Hope someone can help quickly.

 

My question is - what is a reasonable amount of time for reasonable adjustments to be made by your employer. Sorry for sketchy details, but I do not want to put anything on here that might be seen to be influencing anyone's answer. Once a definition of a reasonable time has been put on here I will explain a little further.

 

Thanks in advance. - Scousegeezer

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Do you mean for disabilities?

 

If so, then it is dependant on what adjustments are needed. Unfortunately, disabilites are so varied in both nature and severity that it will be easier for a few desks to be moved for a less mobile person than constructing a wheelchair ramp next to the staircase.

 

There is no guidance or specifical "law" on the time frame, it's all rolled into one piece of legislation - and this covers everything from providing a screen magnifier to installing a stairlift!

 

I understand why you don't want to give too much detail, but I think you may need to just post a bit more information so that you can get a general idea of what others' opinion of reasonable is.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Chesham,

Thanks for the quick reply.

 

The reasonable adjustments are for disability and they are - a specialiost chair and a rise and fall desk.

 

I have been in position for six months and the employer knew of the requirements two months prior to my taking up the position. To date they have still not been supplied and is causing me a lot of pain sitting in a chair not fit for me and having to sit all the time because I do not have the rise/fall desk.

 

Scousegeezer

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In that case, I would say that 6 months is unreasonable unless the adjustments are quite complex, or the expenditure is excessive. However, chairs are not hideously expensive and can be purchased relatively quickly.

 

Can you take it up with your line manager? Or a HR person? My advice is to approach it first of all in an apologetic yet firm manner and express how grateful you would be if it could be reviewed again as it is causing you pain in the current environment.

 

Give it two weeks, and if no joy, then bring it up again in a polite but firmer manner.

 

On the third attempt, use your companies grievance process to address the issue in a more formal way. It shouldn't get this far, but this is a process by which you are entitled to use and the company are obliged to take action.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Chesham,

I have already done what you have suggested and hjave submitted a grievance on Wednesday. None of the "bosses" have spoken to me about it. In the grievance I stated that the time delay is unacceptable. I am now in a position whereby I am thinking that I canot go to work due to the additional pain that I am in whilst at work, due to sitting down all the time. This is unavoidable due to the desk not having been supplied. I am also aware that they were taken to Tribunal in the not too distant past, by someone who required a specialist chair. They did not supply it and that person left the organisation and took them to Tribunal and they settled before the hearing. From what I know he was not as patient as me and only waited a couple of months before leaving etc.

 

Cheers - Scousegeezer

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Apologies, I did not know how far you had taken it.

 

I would give ACAS a call now, they may be able to help mediate between yourself and company, whilst giving you some much needed support. At the end of the day, you have made a request as you are entitled to.

 

Acas - Home

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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'Reasonable' isn't define by the DDA and ultimately it is up to the courts to decide... as every case is different. However, it does set four steps of reasonableness:

a) The effectiveness in preventing disadvantage,

b) The practicality of the step,

c) The financial and other costs and the extent of any disruption caused,

d) The extent of an organisation’s financial and other resources.

 

You should contact the 'Access to Work Team' (they offer help to both disable employee and employer in terms of advice and support with extra costs that arise because of individual needs)...

 

You need to remind them of their legal obligations.

 

If you intend to bring a case before a tribunal, the judge would not be impressed by their failure to provide adapted equipment and moreover, that a similar case has been settled out of court in the past...

Edited by Bigredbus

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Thanks for the replies Chesham/Bigredbus.

 

I am minded towards the tribunal. Reason being is that the "bosses" have ignored me since I submitted the grievance. On Wednesday when I submitted it, I was suddenly advised by my team leader that a rise/fall desk was available to use on the first floor. This was because the user of that desk was off this week. However they did not invite me to use that desk , although they knew it wasnt being used, until after the grievance went in. Even then one of the "bosses" spoke to my team leader and told him to inform me that I could use the available deks. The available desk is right in front of one of the "bosses" desk. So I have used that since Wednesday. The boss that I have been sitting by still did not speak to me about my situation. Tonight I have left work not knowing what will happen on Monday. No-one has mentioned anything to me. However, because I have been basically sitting doen for the last six months, the pain in my lower back and legs has been greatly aggravated. I do not feel that I can go into work on Monday to face goodness how long sitting down. There has not been any communication at all really. We are so busy at work and with the extra pain I get home at night and I am completely drained. At week-ends I just chill out and try to recover. I took last week off just to get some respite from all the pain. The body I work for is a Government body, so money doesnt come into it at all really. I just feel as if I am being forced into leaving. Not that they are consciously making an effort in that direction, but by their neglect of their responsibilities in law. They dont seem to realise how important adjustments are for people with disabilities.

 

Thanks for the help.

 

Cheers - Scousegeezer

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