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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
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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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Overpayment from Employer


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I worked for an Employer from April to August of this year. Unfortunately not to my understanding of taking on the position it involved travelling to different locations at unsociable hours. I don't drive so this was proving difficult during my employment. I took a week on sick and around end of June I informed a duty manager in writing with my resignation but a few months later found out that this was not conveyed to head office which meant that I was still employed at the company.

 

I received wages as normal end of June. I realised there wouldn't have been any time for adjustments at that point. I had received a pay slip end of July which showed the amount of 440 pounds. At the time I presumed this was holiday pay and overtime pay which was paid in arrears and possibly some sick pay due to me. My employment was terminated mid August following a p45 and a payslip with 0 pounds end of August.

 

I have now received a letter from there head office saying that I owe them £309 and if I don't pay it they will be giving the debt to a debt agency to recover. The thing is... despite asking for it... I never signed a contract and therefore was not aware of the policies in regards to sick pay. I really don't want to have to pay this back as I was not aware at the time that I was being overpaid in anyway just thought I got what was due.

 

Even though this is a moral reason they really messed me around when I was employed there with pay and really didn't support or inform me about anything. I was promised hours I didn't end up getting and I had to keep asking colleagues around me to get the info as you could never get through to there HR department. I would really like to know where I legally stand with the debt and does not having a contract make any difference in this circumstance? In other words can I do something when they give this to debt collection. Your help on this matter would be much appreciated.

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i do not want to disapoint you but you do have a contract bf employment. it may be at this stage an 'implied contract' but its still a contract all the same.

 

all the employeer has to do is give you a written contract within two months

 

even though the overpayment was a mistake, you are still liable and responsable to return this overpayment.

i would contact the employeer and try and work out a reasonalbe repayment option to your current situation.

 

they can issue a county court claim for recovery if they consider you to be unreasonable

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i do not want to disapoint you but you do have a contract bf employment. it may be at this stage an 'implied contract' but its still a contract all the same.

 

all the employeer has to do is give you a written contract within two months

 

even though the overpayment was a mistake, you are still liable and responsable to return this overpayment.

i would contact the employeer and try and work out a reasonalbe repayment option to your current situation.

 

they can issue a county court claim for recovery if they consider you to be unreasonable

 

Thanks for your reply. I am now a student and have very limited funds. If I make an offer would they have to accept that or can they ask for the whole amount? It appears that they don't pay sick pay but without a contract how would I have known that exactly? I was officially there for not far off four months and no contract was sent to me. This duration exceeds the 2 month period you stated. And what confuses me even more with this is that if they didn't pay sick pay why did I receive the money in the first place.Its clearly their error and not meaning to be naughty when I say that without a signed contract where is their actual proof I worked there. Sounds very much like Win Win for the employer. Are you positive that I can't do anything under these circumstances? appreciate your advice.

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I ask myself on what basis is the DCA meant to collect this debt... no contract etc. The problem you might have is that HR have your resignation letter and you have been paid after this point perhaps.

 

Thanks for your reply. Well it appears they don't have it otherwise they would have ended my employment. And I would imagine a resignation would need to be accepted in order to be valid.

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I ask myself on what basis is the DCA meant to collect this debt... no contract etc. The problem you might have is that HR have your resignation letter and you have been paid after this point perhaps.

 

Thanks for your reply. Well it appears they don't have it otherwise they would have ended my employment. And I would imagine a resignation would need to be accepted in order to be valid. So I don't think I need to worry about that.

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