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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 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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I damaged my ankle ligaments about 10 days ago playing football. I got it checked out by the hospital the day after, no broken bones but ligament damage. I've had alot of swelling and bruising since so I went to the doctors today and he said I've likely torn my lateral ligaments. He's signed me off work for 2 more weeks as my job involves being on my feet.

 

I was due to go away this weekend on a stag doo to a European city, however I was suppose to be going with about 7 other people from work. I have booked the days off as I was due to work this weekend, but I'm very worried about what managers at work would say if they found out I went. My parents are saying I shouldn't go but others are saying will be ok.

 

I'm trying to find out what would be the right thing do in this situation? Thanks.

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Well if have prebooked holiday and then you are off sick it cancels out the holiday so you dont lose your holiday entitlement, however in this case where you are due to go away with people from work I would suggest that you dont go as it would not look very good, if you are too sick to work you are to sick to play!. You could of course go and say well I was booked off anyway but it really wouldnt look good to your managers when they find out. I think if you value your job best to give this weekend a miss.

If I have been of any help, please click on my star and let me know, thank you.

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Hello there.

 

I think assisted blond could be right. Even if it's legally OK [and I don't know if it is], your bosses may not take it well at all.

 

Did you take out travel insurance when you booked the trip to cover expenses if you needed to cancel through illness, by any chance?

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think that your employer would have good reason here to be very unhappy if you were to go away. It is always a tricky subject, and depends on the nature of the ailment, and the nature of the holiday as to whether it is acceptable to go away whilst sick. In some circumstances, for example when off work with stress, it may be deemed perfectly OK to get away from the pressures of everyday life, but with an incapacitating injury you are going to be very hard pressed to make a case that a stag weekend offers the same degree of relaxation and capacity for healing that a period of rest prescribed by the doctor will do! No doubt the medical advice was for rest - what was the doctor's opinion as to whether you should travel and go on a stag do?

 

As HB says, looking at your holiday insurance would probably be the most sensible course of action here. Either that, or enquire whether your employer could accommodate you in a non-standing role rather than be off sick and get the doctor's approval for a return to work on light duties? That might then enable you to go away providing that you use crutches and sit down a lot rather than dance on tables!

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I recall an incident where someone was injured playing football and their employer tried to claim of the individual. I will try to find the information, but it would be unacceptable to go on holiday when your are off sick (on this occasion)

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I damaged my ankle ligaments about 10 days ago playing football. I got it checked out by the hospital the day after, no broken bones but ligament damage. I've had alot of swelling and bruising since so I went to the doctors today and he said I've likely torn my lateral ligaments. He's signed me off work for 2 more weeks as my job involves being on my feet.

 

I was due to go away this weekend on a stag doo to a European city, however I was suppose to be going with about 7 other people from work. I have booked the days off as I was due to work this weekend, but I'm very worried about what managers at work would say if they found out I went. My parents are saying I shouldn't go but others are saying will be ok.

 

I'm trying to find out what would be the right thing do in this situation? Thanks.

 

 

You can still take your Annual Leave as it was pre-booked. However you will not be paid sick leave as you are on holiday and are unavailable for work becaus of the trip away and not because of your injury.. Going on holiday does not mean that you were never injured or incapable of working or that you are capable of standing up to work a full shift so your credibility is not at stake.

 

You will have people to help you on the trip and can sit down as much as you want so I do not think the argument "if you are too sick to work you are too sick to go on a trip" applies here. This physical injury is temporarily making it impossible to do your normal job. Has the employer offered you a sitting down job or have you suggested it?

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You will have people to help you on the trip and can sit down as much as you want

 

12 tanked up lads? Purleeesee! I am currently having ongoing health issues, and even my best friends with the best intentions forget that i need a hand, or am still a bit unstable on my feet!! I would hate to try and convince any tribunal that a dozen fellas full of ale is a suitable way to recuperate.

 

Get yourself back into work on light duties, show willing, and I feel you would be better off, and your hardy approach and willingness to be reasonable and a good employee. Then, reckon you would be able to go on your trip! This isn't litigation, or a disciplinary - common sense is required!

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Going on holiday does not mean that you were never injured or incapable of working or that you are capable of standing up to work a full shift so your credibility is not at stake.

 

True, but it depends on where, who with, etc etc - no two circumstance are the same! A weekend at a health spa with the wife? Or on a stag do with a dozen lads in (eg) Prague??!?!

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Cheers for the replies, interesting to see people's thoughts.

 

I think assisted blond and sidewinder and most of you have hit the nail on the head with what I'm thinking. And I do have insurance honeybee13, although will have to look into that to see about excesses and how much I will get back. I'm not expecting Ryanair will even consider refunding me direct!

 

It's just that some of my friends think its perfectly ok for me to go away as its my holiday entitlement and it was pre-booked before the injury and I will not necessarily have to do potential harmful activities. Also they think that work would think the same which I very much doubt. My friends were even talking of getting me crutches.

 

I think personally I would feel happier sitting this one out and getting whatever money back I can. I think I'm best to respect my job at the same time as getting my ankle working again.

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Cheers for the replies, interesting to see people's thoughts.

 

I think assisted blond and sidewinder and most of you have hit the nail on the head with what I'm thinking. And I do have insurance honeybee13, although will have to look into that to see about excesses and how much I will get back. I'm not expecting Ryanair will even consider refunding me direct!

 

It's just that some of my friends think its perfectly ok for me to go away as its my holiday entitlement and it was pre-booked before the injury and I will not necessarily have to do potential harmful activities. Also they think that work would think the same which I very much doubt. My friends were even talking of getting me crutches.

 

I think personally I would feel happier sitting this one out and getting whatever money back I can. I think I'm best to respect my job at the same time as getting my ankle working again.

 

You could always ask your employer (HR dept I suppose) for their view of the situation. Ask them directly if they would take a dim view of your going as you are prepared to forgo the trip, if that is going to be a problem. If employer is not bothered then you will not have to worry about missing out or about getting refunds.

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Well if have prebooked holiday and then you are off sick it cancels out the holiday so you dont lose your holiday entitlement, however in this case where you are due to go away with people from work I would suggest that you dont go as it would not look very good, if you are too sick to work you are to sick to play!. You could of course go and say well I was booked off anyway but it really wouldnt look good to your managers when they find out. I think if you value your job best to give this weekend a miss.

 

I have more than less confirmed that I will not being going on the stag weekend. One of the guys who I work with and is more senior than me (but not my manager) who is going on the trip came around my house today to pick up some euros I had for them. He said that he couldn't see a problem for me to going as I didn't need to be running around while we were there. He also told my brother to try and persuade me even more.

 

However I think I am making the right decision in not going as its not him I've got to shine in front of and anything could happen while I'm there.

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Hi CB1988 Personally I think you have made a very sensible and mature decision, and shows you in a good light to your employers, there will be other weekends away with the lads but there may not be another job, you have looked at this logically which is somthing sadly lacking in a lot of people these days. Dont forget though to cancel your leave with work as you are off sick.

If I have been of any help, please click on my star and let me know, thank you.

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