Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

What to do now?

BelayingTheLeader
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5195 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

R&J

R&J

Posted
Posted (edited)

Hi,

 

Is your 'lawyer' actually a Solicitor? Whilst they cannot tell you what to do they should be able to give you enough information to make an informed decision.

 

The reason I ask is that there are a lot of companies out there offering Employment Law services. They claim to be Solicitors / Barristers, but on further investigation it often transpires that the people they employ to represent you have no formal legal qualifications, and have gained their 'expertise' by doing a short course in Employment Law. Obviously these people are not registered with the Solicitors Regulation Authority or Bar Council, they will have no insurance, and if they make a hash of your case you will have no real redress against them.

 

If you have used one of these companies I would strongly consider ditching them and getting a Solicitor on board.

Edited by R&J
Link to post
Share on other sites
R&J

R&J

Posted
Posted

Only you can make the decision if to go back to work or not. No-one on this forum can make that for you, and since we don't know you we can't really advise.

 

I am also somewhat confused - you seem to state that you are still in Employment yet that you have been told it is too late to claim Constructive Dismissal. Given that you can only claim for dismissal once you are actually dismissed I don't really see how that works. Might also be worth noting here that there is no such claim as Constructive Dismissal, you resign and claim Unfair Dismissal, but that is just me being pedantic ;-). In any event 98% of people who run a Constructive Dismissal argument lose their cases, and it would be a very brave person to advise you to resign.

 

If you are signed off sick but have not resigned or been dismissed then you are technically still employed. If someone has advised you otherwise I would be interested to know on what basis.

Link to post
Share on other sites
BelayingTheLeader

BelayingTheLeader

Posted
  • Author
Posted

I am still employed by the employer that have not provided my with workable reasonable adjustments.

 

I have bee advised that when an employer does not provide your reasonable adjustments, I could off resigned (in good time) and claimed constructive dismissal. Given that by not providing the recommended support my employer has made a serious breach of the employment contract. I did not resign after the grievance appeal outcome because, I was trying to sort out lawyers and was on full sick pay still. I could not afford to resign and then claim constructive dismissal.

 

But now they have halved the pay and I need to move on due to their lack of support and or advising an appropriate way forward i.e. make reasonable adjustments in full with training, gradual return to work etc.

 

Should, I make an attempt to return work so that if they were to refuse it would improve my ET case? They do not keep in regular contact with me and my point of contact with HR is the person who was involved in refusing my reasonable adjustments in the first place. When my employer investigated the grievance they could not be involved because allegedly they give the advise to my manager on what should be provided.

Link to post
Share on other sites
R&J

R&J

Posted
Posted

I am not dissing your Solicitor, but:

 

I instructed a sole practitoner on a fairly complicated matter. It eventually became apparent that he was completely out of his depth, he was missing deadlines to file papers and all sorts.

 

Eventually had to instruct a firm to sort out the mess he created, paying more money in the process.

 

I reiterate my original point, your Solicitor should be giving you advice in this matter.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...