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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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can i be made to work overtime


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my employer has contracted my hours to at least 30 a week, i am told this is so all he has to pay on holiday pay is 30 hours, at my interview he mention flexible hours mentioning that sometimes more than a 6 hour day may be required or evenings or weekends which i have so far done more than any other employee, now my home life has changed i have asked just for my contracted 30 hour week which he now has me in a disciplinary meeting for other trumped up reasons while asking me to sign an agreement to a change in my contract for for the hours, can he do this???

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What are the trumped up reasons and how long have you worked there?

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not wearing correct uniform even though my line manager and manager don't, taking what the manager considers to be too long on jobs even though i am still faster than my line manager, taking too long on a job because i am the only one that follows correct safety proceedures, and being told my standards have dropped for one t that was not crossed several days ago

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How many hours a week have you been working, and how long have you been doing such hours?

Do you have a written statement of the terms & conditions of your employment?

How long have you worked for this employer?

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by your own admission your employer stated they may be a need to vary your hours so therefore you can be expected to work overtime, if you have a contract see what it says

 

in relation to holiday pay the ERA states where there are no normal working hours and they vary; the average of the previous 12 weeks should be used to calculate the entitlement

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overtime hours are very sporadic, most weeks, i am lucky to scrape 30 hours and on many occasions haven't and have been paid only the hours i worked, on one occasion this being only 4.5 hours i was paid for a week, which seems like a breach of contract to me so i have been very hesitant to go all out for my employer now as soon as a large contract comes in and i am expected to work all hours while my employer and line manager usually sit at home

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As 'RachelMD' stated, you should turn to your statement of employment particulars, if you have bee given one. These should state your weekly working hours, plus a clause related to overtime. Such statement should have been given to you within 2 months of starting work with your employer.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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whenever there has been less than 30 hours i have only been paid for these hours, if i work 20 hours i am only paid for 20 hours even though i have written confirmation that my employer has promised at least 30 hours,this has happened over and over, where my line manager has never been paid less than 30 hours nor has he ever been made to work over these hours and has a constant pay of 30 hours only, i have a letter from my employer to be signed and returned to him no later than the beginning of my meeting for the other matters as an agreement to change the terms of my contract as all contractual agreements for hours so far have been only what he "remembers" being said at my initial interview, not what was actually said or agreed to, can i take this as part proof in intimidation and having the paid proof of breach of contract???????, please reply???

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Hi,

 

If your initial statement of employment particulars (SoE) state that you have been contracted to work 30 hours/week, then your employer should keep to his part of your contract. Do bring a copy of your initial SoE to that meeting.

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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