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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. 

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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company withholding wages after theft

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before anyone says anything or slags me off i know i done wrong and i am paying the consequences for it now .

i worked for a large company ( over £100,000,000 of sales per year ) as a salesman , just after i started my area manager showed me how to fiddle a few pounds off here and there because " every single salesman is doing it , supervisors are doing it and even managers are doing it " i was fiddling about £20 - £30 per week ( much much less than some of the others there ! ) for about 6 months when an independant auditer looked into my and only my accounts and found discrepencies and reported them to personel .

to cut a long story short i was sacked and the police were involved and i was charged with fraud . in that time the company had called back 1 weeks wages from my bank ( which my bank returned to them 3 days after the company paid me ) and they withheld another 3 days wages plus 2 weeks commision i was owed as i was suspended on full pay while they investigated .

i was sentenced this week in court to community service and ordered to pay the full amount back to the company ( £ 1550 ).

My question is is can they legally withhold my wages that i worked for now i have been ordered to fully pay them back as they are not out of pocket from it ?

i have written to them and they have ignored my letters and emails


thanks in advance

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In short answer no. This would be an unlawful deduction of wages. You would be entitled to start a ET against the company, as long as the 3 months + 1 days timescale (from cause of action) has not been breached.




You have been dismissed from the company, criminally sentenced and subject to a fine and compensation order.

This would not put you in good stead with the ET.


You will need to prove :


The hours worked / commsision due.


Actual payment recieved and the shortfall.


I can understand why the company is doing this - they do not want to wait for x months for the repayment, but this does not mean the way they have done this is correct.


I would send recorded a 7 day LETTER BEFORE ACTION to your former employers, stating your case and that you will refer this to an ET (if within timescales). If not, your next cause of action is

county court. It will cost you about 70.00 quid, but you will need to hope that they 'fold' before trial.


Other Members may have more hopeful advice, but sadly i fear you may have a uphill battle.



Edited by numbers666
Really bad spelling....
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Im pretty sure theres Law in place to recover losses through theft, I know theres a different law for people employed in retail, but as I understand recovery from theft cannot be more than 10% of your monthly salary or wage packet in one go. Like I said I have a feeling that Im 99% sure of that the amount is different to recover retail losses, but if you were in sales it shouldnt apply. I cant remember it exactly, but Im pretty sure thats the case.

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Employers can only recover losses through theft if there is a specific clause in the contract which permits it - other than for a retail worker (as hhh has stated) where different rules apply.

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






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