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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Change of hours without consent??


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Hi i was wondering if you could help me. Ive worked for my company for 9 months and have a signed contract that my hours are 11am-3pm sunday and monday and 4pm-8pm tuesday and wednesday(16 hours)

 

The girl who worked the 7pm-11pm shift left a week or so ago and the manager was asking if anybody wanted them as a swap. I was going away for three days and said i would think about it but id talk to him when i got back

 

Anyway i got back to work and he had changed all of my hours, given somebody else my hours and employed someone else to fit in during the day!!

 

So now im stuck working 4 lates a week, i have no car so have to bike it and now only see my eldest two one evening a week as they are at their dads at weekends and at school in the day

 

i asked him to change it back and he said he cant unless someone swaps which isnt going to happen:-(

 

im really upset and angry about this. I have 9 children some who still wake up at night and these hours are exhausting me

 

is there anything i can do?? thanks

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Hi Mummy

Yes there is but the important thing is whether the actually hours of work appear in your contract, i.e. that it actually says "Sunday 11am to 3pm" etc. rather than just 16 hours total. If it says the actual working times, this is an expressed term of your contract and can only be changed by the employer by following the correct procedure of consulting with you, considering your difficulties when you raise them, and then giving you one months written notice in advance. None of this seems to have happened and they have, therefore, broken the terms of the contract. However, it depends what you want to do about this now because you are not employed long enough to have any employment rights so pushing the issue may result in the relationship breaking down and you losing your job. If it's important to you to push it and you don't think they will end your contract as a result, then come back to me and I'll advise you on how to start your grievance.

 

If your contract does not specify the actual working times, you are a bit stuck although they still should act reasonably.

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Hi thanks for the reply...yes it does say specific times on my contract. and ge never discussed with me and started ne on the rota for a couple of days later....so not even a months notice. he could have employed someone else to do them. im an xxxx ace(cleaner) so contracted by city facilities which is a contracter for xxxxx. i work in the depot and there is about fifteen aces.

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Hi Mummy

If you feel that it wouldn't damage your relationship with the company, I would start a grievance process if I was in your position. They cannot dismiss you just for taking out a grievance, this is an 'automatically' unfair dismissal and you don't have to be employed even for 12 months to claim unfair dismissal if they do it just for taking out a grievance. However, try informally first, write a letter as friendly as possible to your manager pointing out that they have changed an expressed term of your contract without following the correct procedure. Explain that you cannot accommodate the new working times and request that you wish to revert immediately back to your contract terms and will have no option to take out a formal grievance if they do not comply or negotiate. If they don't respond or change your hours back, ask for a copy of their grievance policy and procedure and start a formal process.

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They cannot dismiss you just for taking out a grievance, this is an 'automatically' unfair dismissal and you don't have to be employed even for 12 months to claim unfair dismissal if they do it just for taking out a grievance.

 

Sadly not so. It would certainly be an 'Unfair Dismissal', but no longer 'Automatic' and the employee would need 12 months service to complain to an ET.

 

I do though fully agree that a grievance is the way to go here. There may well also be a case for discrimination if you can prove that you are being unfairly treated without due regard for your family circumstances and other employees of the male variety are working more favourable shifts.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thankyou so much for your help. Ive just got back from work and im exhausted, yet ill be up soon with the baby and up at 6.30 with the school children! My hours suited me just fine before.

 

I know its daft but i keep worrying what my colleagues will think of me doing all of this. But i have to think of me and my family x

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