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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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Employers want to change my role/duties


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Having had a car accident i have been off sick with whiplash. I was enduring ongoing contract issues with my employers before my accident. I have been to Occ Health who have advised my employer to lower my desk and provide me with a seating assessment. I waork from a breakfast bar height desk with a chair that i can rest my feet on but i can not touch the ground and my screen is at the wrong height which has been an ongoing for 12 months but is propped up with boxes and books as a best fit option. My employer has written and advised me that to avoid time on the computer they will be redefining my job description to work 1.1 counselling young people with emotional and anger issues and supporting children during lessons. My previous role was data handling working from a computer but i have worked on a 1.1 basis with one child before. My question is can they do this?

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No, I have been off for 5 months and OH have advised employer before i come back to work to lower the desk that i work from. I feel this latest response is aimed at not doing this and by changing my role I won't sepnd as much time on the computer as my previous role. I am also not confident about counselling young people with anger issues or self esteem issues as i have no training in this and i am being expected to do this without training. I do not have a job description and i have queried this as i feel i am working at a different grade to what i am paid at. Employers response has been to get HR to evaluate my role but without the handbook that i work to! Low and behold it came out that i was being paid correctly. HR do not hold a generic despription for my role and based their assessment on a teaching assistants post which is not what i do. The Data Protection Act request that i submitted revealed that HR had generalised and submised what my duties might be in coming to their assesment. My argument is that i have a staff handbook which details my tasks and this should have been used. What are my options?

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raise a grievance and say that you are not happy with how the investigation and assumptions were made.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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i have already raised a grievance concerning my pay which the school let me do on the informal stage but then refused to let it go before the governors on the formal stage as technically grievances can't be raised over pay!

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In which case, respond with the suggestion that you do not consider the change of role to be a suitable adjustment in view of your lack of experience and training in dealing with the types of issue which will arise in that role. Ask why the more simple solution of a different seating solution cannot be considered.

 

A breakfast bar chair and VDU on boxes? Is there no Health & Safety provision in the place? No Risk Assessment? This needs looking at irrespective of your injury as it sounds as though it already falls foul of the Health and Safety (Display Screen Equipment) Regulations 1992 - link http://www.hse.gov.uk/pubns/priced/hsg90.pdf

 

THis could easily be reported as a concern to the local Environmental Health department, never mind OH!

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