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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 
      • 81 replies
    • 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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reduced hourly rate with no notice!


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Hi all, A guy I work with who was initially hired as a kitchen worker with a higher rate of pay than front of house staff, has sometime ago transferred to front of house and it has recently been noticed that he was still on the higher rate BOH wage and he has now had his wage reduced with no totice or explanation...I seem to remember this happening to another employee but he was "asked" to sign a form saying it was ok to reduce his wage.....is this right???

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no no my friend has had his pay reduced without any sort of signed agreement notice of or consultation, my other friend did sign something but that was just by the by, do you have details of any relevant legislation? thanks!! x

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Then no they can't, not short of holding an adequate consultation process and/or dismissing him and re-engaging him on new termsand conditions, anyway. If he has under 12 months service though, there probably isn't anything he can really do except attempt to claim the difference in salary through an unlawful deduction from wages claim. It would probably get him fired, though.

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No - it is an Unlawful Deduction, as it is a reduction from what he is normally paid. If an employee is paid, say, £10.00 per hour and without agreement or a contractual right to do so, the employer reduces this to £8.00 per hour, then the employer may well have made an unlawful deduction of £2.00 per hour from wages. The fact that they didn't tell him means that a breach of contract has occurred, resulting in an Unlawful Deduction.

 

Any reduction (either through a deduction or a failure to pay an agreed rate) in an employee's wages can only be lawful if it is permitted by contractual agreement with the employee, or it is permitted by statute (tax and NI for example) or by a Court order (for example an attachment of earnings ordered after a Court Judgment).

 

It needs to be raised as a grievance stating that if the rate of pay is not reinstated then a claim will be issued through an Employment Tribunal for an Unlawful Deduction (as per the statute quoted by Becky above). This may result in a repayment of what is owed, but a very swift 'negotiation' to correct the rate of pay going forward.

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

 

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