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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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JSA -am i entitled to payment


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hi,

i had a career 6 years ago which i had been in for 12 years but had a stress episode and rather than taking me back was ill health pensioned off.

i sat around for 2 years doing nothing but occassionally helped at my mother's shop-i claimed no benefits.

i got bored so looked around for a job-got a job as a team leader, started gettin harrassed (put up with it for a year) then spoke to management and took a paycut to change shifts. lasted a further year but the atmosphere didnt change so i left the job. i was in this job 2 and a quarter years.

 

i looked on the benefits website and after entering my details including the pension it said i may b entitled to contribution based JSA. i went for introductory interview and everything seemed fine-took info off me and photocopies of my information. next day i received a letter saying i may not b entitled to it because id left job voluntarily and they would assess situation. i put in letter i was gettin harrassed, id informed management ,even switched shifts. i left it over 6 weeks before applying for JSA after leaving job which my mother said i had to if i was 1 leaving the job as opposed to getting sacked. thought no more of it.

i went in to do my fortnightly sign on and was informed i was not valid for JSA because my pension exceeded the JSA. i am of the opinion that this should not matter as i had worked for over 2 yrs in my last job, i am employable age and am actively looking for employment. i think they are looking for excuses not to pay me and are viewing it as whether i need the JSA as opposed to whether i am entitled to it.

am hoping someone in the know might be able to advise me or tell me where i can seek advice. many thanks

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A pension can indeed affect a claim to contributory based JSA. If the pension is over £50 per week JSA is reduced pence for pence.

 

Leaving employment can also affect JSA entitlement. You do not have to wait 6 weeks between resigning from employment and claiming JSA. Although the DWP can sanction benefit for voluntarily leaving employment (up to 26 weeks) the sanction, if they are going to apply it, commences after you claim JSA, not prior to it.

 

Info from dwp here and here

 

sanction info here.

 

Info from CAB here

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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With any claim to Jobseekers Allowance the government will look at both whether you're entitled to it and whether you need it. Contribution based benefit is not affected by savings or having additional properties to where you live but it can be affected by having a pension or wage coming in.

 

They are also obliged to investigate issues such as the reasons for any jobs that end in the last 6 months. They can sanction a claim for up to 26 weeks if it is deemed that for example you left without good cause (not that I'm saying you did, I'm merely expanding a little on why they would check up on such a matter). What your mother said is unfortunately a common misunderstanding, the best course is always to put the claim in and see whether a sanction will occur, at least then you know for sure.

 

I'm a little surprised that it was at your fortnightly interview that you were told of the outcome of your claim though. I thought that this usually comes in the form of an letter outlining the decision and reasons behind it but I could be wrong. Perhaps they were using their experience to advise you of the likely outcome?

 

Anyway should they deem your pension too high you can continue to claim JSA, but rather than receiving any financial help your National Insurance Credits will continue to be paid and you can still attend the jobcentre and avail yourself of the support they offer.

 

Edit:

 

Beaten to the point again by Erika, its becoming habit or something! :p

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As both Erika and Privatehudson have said contribution based JSA is affected by an occupational pension. If your occupational pension is in excess of £50, your contribution based JSA is reduced penny for penny by the remainder. This may seem unfair but this is the way it is calculated.

 

The reason they look at how, why and when your job ended is because its not deemed to be the job of the tax payer to support you when you willingly give up work, they do look at the circumstances and speak to your employer as well as yourself to make sure they are aware of all the relevant details and then make a decision. Again this may seem draconian but unfortunately these conditions of your claim are subject to the rules and laws used to establish eligilibilty and entitlement to benefit.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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