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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 
      • 81 replies
    • 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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Hi everyone, I have a bit of a problem in helping someone else about their employment. This person had lots of problems at work. He got an injury at work as well as many other issues as well.

 

If he puts in a grievance to his employer will it mean that he has to wait for that to be that process to be finished before he can go to ET. If this is the case then the 3 months will be up since the last incident at work took place and I am not sure if he can then go to tribunal.

 

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The key thing is to get the ET1 in within the deadline. Any grievance procedure can be ongoing as the ET1 can be withdrawn later if needs be - so, get the ET1 submitted, even though the grievance hasn't yet been dealt with.

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

 

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No - the ET would have no jurisdiction, so look at a PI claim for that. I hate to say it but a NWNF outfit is probably best, but research them first and look for one with good testimonials. Just make sure that the accident was clearly documented, relevant authorities notified etc, witness details retained etc.

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

 

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Thanks again Siderwider. There is also discrimination, victimization and breach of equality act involved as well, would that be consider at court as well. He would not want to go to court as well as ET. Also should he put in a grievance to his employer? The last incident at work was 10 weeks ago as he company would not give him any training, One of the witness that was there at the time of the accident has left his company now as the accident happened last year, the accident was reported at the time at work, there is one other person and is still at the company that was there at time of accident but she is a manager therefore I do not think she would inclined to be a witness for him. As well as his injuries from the accident he also has injuries due to his company not making adjustment for him at work.

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Bonnygirl,

 

You do not say whether or not your friend is still in his job. If his employment ended, why, when and how was this done?

 

If he is still working then he should list his grievances and lodge them according to recognised procedures. If his written statement of terms and conditions of employment don't show a procedure for dealing with grievances then the ACAS Codes of Practice are the standard guide.

 

ET usually require that internal grievance procedures are exhausted before they take it on, for obvious reasons.

 

I believe the 3 month time limit begins from the date that the internal procedures have been exhausted or break down. Perhaps Sidewinder could confirm the veracity of this point.

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ET usually require that internal grievance procedures are exhausted before they take it on, for obvious reasons.

 

I believe the 3 month time limit begins from the date that the internal procedures have been exhausted or break down. Perhaps Sidewinder could confirm the veracity of this point.

 

This is partially correct. It depends on the claims involved. If, for example, the OP's friend were pursuing a claim for unfair or constructive dismissal after the termination of his employment, the company could draw out any grievance/internal appeal past the three month deadline, and this would not be seen to be sufficient reasoning to extend the time limits in the Tribunal. However, if the claim was for constructive dismissal and he did not resign until the resolution of the grievance, a failure to adequately deal with a grievance which relates to allegations of discrimination or victimisation could be seen as the last straw, or last in a continuing act of discrimination, which would start a fresh three month period.

 

Bonnygirl - your friend could struggle to explain why he had worked under what he considers to be a breach of contract for ten weeks before raising a grievance, though. Was he off sick for any of this time?

Edited by becky2585
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Thanks again for helpful replies, Concilliator he is still in work but off with injuries recieved at work mainly now due to employer not making adjustments for him. He has written to his employer many times about making adjustments as well as GP but none has been done for him. Employer says that they will do adjustments but when he turns up at work things stay the same.

 

Becky2585 he now does not want to return to his employer, they have been pushing him to leave by way they have been totally unreasonable towards him. He had an accident there and manager could not care less about it. He wants to combine personal injury regarding accident as well as injury for not making adjustments plus discrimination and victimisations. He wants to do it and get it over with as he is not well and does not want to drag it out with an injury case and ET claim.

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Hi bonnygirl,

 

Unfortunately the two claims have to be brought separately as one is a county court claim and the other is an Employment Tribunal claim. He won't be able to bring both claims together in either forum.

 

If he wants to claim for victimisation, reasonable adjustments and discrimination, he would have to show that he had a) been discriminated against on the grounds of a "protected characteristic", and b) (for victimisation) to show that he had done a protected act and had suffered a detriment as a result.

 

I presume in this case you are arguing for disability discrimination & victimisation. To show that he is disabled for the purpose of the Equality Act, generally a Tribunal will need to see that the effect on his health has lasted over a year, and has a substantial adverse affect on his ability to carry out his daily activities.

 

He could still have a potential victimisation claim if he has suffered a detriment for attempting to assert a statutory right, however. If he does not wish to go back to work, he would be looking at combining the claim with a Constructive Dismissal claim (which is a claim brought in the Employment Tribunal). These are notoriously difficult claims to win, however.

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  • 2 weeks later...

Thanks everyone for replies. He does have a disability and on his last GP note it said that he may be able to retune to work provided adjustments are carried out for him.

 

He also wrote to them pointing out that they have all the information required for the adjustments after he received the first letter from manager saying that she knew nothing about adjustments needed for him, can you believe it. However, his manager still sent him another letter saying that basically the same things ie wants to see him about his current state of health, his possible retune to work and support required to achieve this in accordance with his medical certificates which state that he is fit for work with restrictions. They will not send him back to their OH despite his GP asking for this, maybe this is because he had been 3 years ago and they were informed then to do adjustments but again the ignored it also OH confirmed that he had underlying ill health.

 

They have set a date so for his next meeting later in the week, but they have chosen to ignore AtW report and recommendations, What he wants from his employer is for them to put it in writing that they will be carrying out adjustments as before he had meetings and they said 'yes' we will do this for you, but when he is at work everything stays the same. That is why he is reluctant to trust them again.

 

He is still receiving letters from them asking what he needs from them. What should he do now, go to the meeting and see what they will do for him by way of adjustments. He has lost trust in them, I think he should not resign as that is what they want him to do.

Edited by bonnygirl
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  • 2 weeks later...
Yes, providing he can show that there was a series of continuing acts of discrimination. It is highly likely that the Respondent would argue any acts preceding this would be time barred, although this is just a tactical point.

Thanks Becky for such a quick reply, he has been in correspondence with them to get confirmation that they will make adjustments for him but they refuse to say that they will. Wonder will that be allowed to give him a bit more time.

 

Also are weekend taken into account.

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Thanks Becky for such a quick reply, he has been in correspondence with them to get confirmation that they will make adjustments for him but they refuse to say that they will. Wonder will that be allowed to give him a bit more time.

 

Also are weekend taken into account.

No weekends are not taken into account. I think it dangerous to delay past DEC 1st. The question of adjustments is still not resolved so you can argue that it is a current and ongoing situation.
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No weekends are not taken into account. I think it dangerous to delay past DEC 1st. The question of adjustments is still not resolved so you can argue that it is a current and ongoing situation.

 

Many thanks Marielezza , he works every second saturday which is one of his working days, but the last day of incident was on a friday therefore could not go into work on Saturday. Hopefully they will accept that it is an ongoing situation awaiting confirmation that changes will made for him. :|

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