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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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leaving site while on shift-advice please


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Hi,

 

Im just really looking for some advice. My other half has just started a new job and one of the things stated in his contract is no member of staff while on shift is allowed to leave the site at any time, the company state that as the breaks are paid its up to them and any staff that leave site will be sacked. Can anyone advise if they can stop people leaving site or not?

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My contract states the same thing.

Reason being when you are paid for your breaks in certain jobs such as Security, even though you are paid for your breaks there may be occasions such as Emergencies where you would be needed to attend wether on break or not. If you are off site at the time then it could be difficult to contact you.

 

The other side of it is while you are being paid for breaks you are still under the Company's care and they have a duty of care to you whilst on break. If some thing was to happen to him whilst off site the company would still be held liable and be accountable for it.

 

He needs to speak with his employer, some are quite lenient and if he needs to leave site urgently some will use their description to allow this.

 

Hope this shed some light on the situation.

 

Regards

 

Mike

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i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

  • the break must be in one block
  • it cannot be taken off one end of the working day - it must be somewhere in the middle
  • you are allowed to spend it away from the place on your employer's premises where you work
  • your employer can say when the break must be taken, as long as it meets these conditions

may i ask what area of employment you are in

 


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i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

  • the break must be in one block
  • it cannot be taken off one end of the working day - it must be somewhere in the middle
  • you are allowed to spend it away from the place on your employer's premises where you work
  • your employer can say when the break must be taken, as long as it meets these conditions

may i ask what area of employment you are in

 


     

 

 

in a distribution center fot a supermarket

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i have to disagree on the above and i will wait to be corrected

 

the working time directive states

 

 

  • the break must be in one block
  • it cannot be taken off one end of the working day - it must be somewhere in the middle
  • you are allowed to spend it away from the place on your employer's premises where you work
  • your employer can say when the break must be taken, as long as it meets these conditions

may i ask what area of employment you are in

 


 

The point you underline Squadie means that one can move away from a specific work area, like desk, or machine, or production line, to a rest area or canteen etc but still on the employers premises. It does not mean one can leave the premises completely.

 

Like Miki says, this is not unusual but most managers or supervisors will give permission to leave the premises as long as its a reasonable request and they know where you are.

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