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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi i just wanted to ask a question regarding fairness, i drive 12 miles to work using my own car and get paid when i get there until i leave (7.30-4.00)

The fitters who have company vans incurring no fuel/repair costs, work on site get paid from the moment they leave home to the time they get back home, so all in all they get travelling time and i don't, even if they need to drive to the workshop first thing they still get paid that half an hour.

Also into the equation is that my employer won't pay me overtime rate of time and a half from 4pm to 5pm because he said "i can't because they (fitters) get expenses" but i should have asked instead of finding out about the travelling time a few years later.

Only in the last year have i asked for a rise and got an extra 50p an hour to cover petrol, but i still feel i get a raw deal and i've not been getting along with people causing me resentment :|

 

What should i do ?

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Hi and welcome to CAG,

 

I know it certainly doesnt sound fair but I suspect they've done everything according to terms and conditions of employment that you all agreed to. Have you got a copy of yours to see what it states you should be getting?

 

S.

 

I left it under my bench for a long time, now it's been thrown out :|

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Is your job the same or similar to the work the fitters do? To be fair most people do have to pay their own way to work unless they have a company vehicle.

True, it's the travelling time that really gets me.

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I left it under my bench for a long time, now it's been thrown out :|

 

If the company has an HR dept than you could request a copy from them, if its a small firm they'll still be required to keep them which you can request a copy of.

 

S.

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Is that to get around the tax implications of them having the vehicles at home? are they on lesser wages because of this?

 

Of course there would only be a tax element to this if the vans are used for 'significant' personal use.

 

I agree - this is rather unfair, but is undoubtedly tied up in the fact that the fitters have an indeterminable journey to work - one presumes that they may have a 5 minute drive, or a 2 hour drive depending on the location of the work, whereas you (again, I am assuming), work at the same location for most of the time. Mobile workers tend a lot more to be paid for travelling time than one who is based in the same place.

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To be honest 12 miles is not really a long journey and if you are based at the same place of work all the time then i cant really see the problem, I would guess that your job is not the same as the fitters in which case they would have different pay and conditions to yourself. If however they are doing the same job as you then it could be a different matter if you are being discriminated against.

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From a tax point of view, home to office travel is classed as ordinary commuting. If your employer were to pay for that, it would be a benefit in kind and would be subjected to PAYE income tax. If you use your own car for business purposes, you can receive authorised mileage allowance payments (AMAPS) of 45 pence for the first 10,000 business miles per year and 25 pence per mile thereafter. The AMAPS cover business fuel, wear and tear etc.

It is possible that the van drivers could be classed as working temporarily at the various sites.... The 24 month/40% rule; if the temporary work is done for less than 24 months and they expect to spend 40% or more of their working time at the temporary location then expenses including home to site can be paid ( see booklet 490 employee travel on HMRC website)

Gbarbm

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I suspect there is a valid reason similar to that mentioned earlier in the thread. My commute is a 40 mile round trip and it would be lovely if I was paid :)

 

I would ask the company why your terms seem to be less favourable, but short of it being discrimination or an equal pay (gender linked) issue, it's probably not going to change!

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