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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 
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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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response to tribunal claim


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hi all, my employment tribunal claim has been accepted, the response from the business was due a few days ago, I have yet to see/hear anything what are the normal timescales for this? I assume the tribunal sends this onto me but how do i know if it was sent in before the due date etc?

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The ET service will send this onto you. The business (the respondent) has 28 days or so to submit a response - but then there may be additional time before it gets forwarded to you via the ET service - especially if the response is only submitted at the last moment. The respondent can request an extension to the deadline - but the ET service should have informed you of that request in order to see if you would consent to such an extension.

 

Worth contacting the ET service if you still don't see anything in the next few days though! Can't hurt to ask. All the best.

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If you phone the ET they may well email it to you, thats what I did. An actual paper copy from the tribunal was not sent to me until about 6 weeks after the deadline date.

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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Hi All

 

they have received the et3 form, but had an email today directly from the respondant solitor asking me if i would agree to move all other dates and push back by 1 month, i havent agreed to this due to the ongoing situation. what does this mean?

sorry for spellings on my phone!

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Hi,

 

when you write that 'they' have received the ET3 form are you writing about the repsondent or the tribunal service?

 

Either way - if you are still in the (relatively) early stages of an ET - i.e submited an ET1 and the repondent has just recieved or submited their ET3 reponse - I'm not clear as to what other ET deadlines could be in place yet? Could you clarify please?

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Hello

 

Sorry to confirm the tribunal have recieved the ET3 form from the respondent so waiting for that to be sent onto me. In my origanial letter from the tribunal they have given me set dates to when I need too have sent to the respondent and vice versa things like statement of loss, statement, list of evidence to use etc this has all been set down until the date of the hearing. I recieved from the respondent solicitor asking me to agree to moving the dates back to give them more time, I have been waiting for a response to my appeal which still is yet to arrive. This is why I don't feel I should agree to this change. I have met all timescales.

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There is no reason for you to agree the delay. If you're are ET3 stage then the judge has not even set a date for anything. I'd say refuse, unless they can supply you with a good reason.

 

Be strong against their solicitor as they will push you to do things in their timeframe, rather than the tribunals. Just adhere to the tribunals dates and you'll be fine and don't be pushed about by the respondents solicitor. I drive my respondents solicitor mad!

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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Yes I said no , altough I have Lresdy been given a date for the hearing and dates to submit all paperwork before they have seen the ET3 they set all this on response to my ET1

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Ah right.

 

Well, my employer/respondent requested a one month extension to complete their ET3 response when I started out. My solicitor advised that I agreed to that request - which I did. Didn't seem to do any harm - I just had to wait a little longer for the contrived denial they were probably going to trot out anyway! If anything, giving them more time, may have resulted in them producing a more convoluted/unbelievable 'defence' than they might otherwise have done!

 

Given the time that may lapse until you get to tribunal a month may not make much difference to the hearing date. If you haven't had your outcome letter from the appeal yet it may also benefit you to have that document before you proceeed much further perhaps?

 

It is your call - but what would be the real benefit to you to refuse such an extension? What happens if you need to request an extension at a later date yourself and the respondent says no (in retaliation to your refusal to their extension)?

 

I get the impression that thr tribunal service see a lot of delays/extensions etc; - it may all be an expected part of the process. I was told by the employment judge who held my CMD hearing that there can even be wars over what goes into the bundle as evidence!!! At the time I (naively) thought it was a throwaway quip to lighten the mood of the meeting (fool that I am!). Now I am a little further down the road with my ET I have to say that is true - my respondent has tried tricks to restrict some of the documentary evidence going into the bundle.

 

Do you know why they want an extension? (If I may play devil's advocate for a moment) They may have reasonable grounds for such a request. .

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All they said was because the internal appeal process hadn't been completed and Easter. Funny enough I went back and didn't agree to the extension and 3 hours later I get my appeal response which is full of utter madness and non truth I don't think I will win my case altough I should I should have never been sacked anyway that's how things are.

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Good luck with it all. I hope you draw strength from the thought that if they are producing nonsense already, imagine how it will hold up under oath before an employment judge and panel. It can be unsettling initially - but after a couple of readings of their statement and some reflection you might feel even more confident about a win. Might be worth having a look at this website - etclaims.com. Plenty of advice on there. The book the website supports (by N. Cunningham) is really useful as well - it has helped calm me down a few times when I need a steer on what I need to do next!

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Its worth giving ET an ring or an email, if they are late in sending a response it may prove to be helpful when submitting documents for the case. My advise is be over prepared and then you have everything ready when any questions are asked. Best of luck with it hope you get a great result!

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Finally recieved the list of evidence from the respondent today most of which I expected I have asked for a full copy of everything I notice however a couple of investigation meeting minutes with people I've never heard off and which have never formed part of or been spoken about in any meetings I've had which I'm finding really odd anyone heard off this? I guess I'll have to wait until the pack arrives but still odd

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Oh my goodness recieved a letter from the respondents solicitor without preduice asking me to withdraw as they feel my case is weak and I could incur costs etc is this scare tactics and normal or am I really flogging a dead horse here!

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Its normal, ignore it, its not their place to judge the merits of your case, thats what the tribunal is for!

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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It depends - if you actually have a good case, its scare tactics.

 

If you don't, then they are right in that continuing to pursue the claim could mean a costs award in their favour at the end. Even if you don't want to pay for legal representation, I'd speak to someone just to see whether it is a case worth pursuing.

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Stay strong, read this additional evidence and see if there is anything in there that could help you! :)

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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