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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
      • 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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response to tribunal claim


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Hi all , some further advice please. The respondent was due to have prepared this week the evidence bundle they have written to me and the tribunal and suggested different dates for this snd for the statements they have put this back for another month or so. My case had already been changed in terms of dated and amount of time. Do I allow them this additional time or not or will I end up with egg on my face by digging my heels in? I just feel they need to go by dates as pteviously stated !!!

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if they have already had it delayed once, i don't see the need for you to delay again. I would say that this is unacceptable that it has now potentially been delayed twice, that you have been willing to be reasonable up to now and allow the first delay. but you are going to oppose the 2nd delay because you do not feel it is fair that they get 2 lots of delays when you haven't asked for anything and are sticking to the timetable that the tribunal originally set out.

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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So the respondent has declined to settle out of court thry feel they have a strong case and I will lose. Acas have been ok but I am so angry I was sacked for something I didnt do, they have admitted they don't have enough proof but belive I was in the wrong. Lots of other things happened during the process which shouldn't have done. My case isn't until aug so now I play the waiting game. Also why would Acas ask about my current job and the benefits of this? Ohh what should I do if I am going to lose I might as well walk now.....

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the respondent is always going to say you are going to loose, of course they are! what you need to think about is how you have been wronged, and how you feel about that.

 

ACAS will ask about your new job because that will mitigate some of the costs that the respondent will have to pay if you win.

 

The tribunal will really only compensate you for what you have lost, and a reasonable amount of compensation.

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 know I guess I thought it would have been an easy option for the both of us! But they feel they are talking me right to the end to prove a point and it's wrong ! I thought I'd get an offer and I could close this chapter of my life. They are already bring nasty and not talking about everything only certain parts and scarring me with costs !! I've had a bit of a confidence breakdown but I'll be ok later!!

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A lot of cases get settled, literally on the steps of the tribunal.

 

The last tribunal a friend went too, all 6 cases were settled before the start time on the day!

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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Yeah I guess that might happen, the acas guy said the respondents solicitor has confirmed they will take to court as not prepared to pay me I guess they would rather pay the solicitor . Also interestingly acas stated some of the things they had said to them which totally contradicts a letter from them to me from about a year ago. When I said this to acas they were not bothered I hit the feeling they felt I should drop the case too. But I was unfairly dismissed for something I didn't do so why the hell should I. Also in the disclosure of documents they have not listed 3 very important items which of course doesn't support there case but also I feel thry are trying to protect someone within the business but I however included these in my evidence bundle anyhow !

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Also another question: what would you think about a business who places an internal advert for my job after I was dismissed but like only 2 days ! the closing date is before the appeal meeting, and somebody gets the job before I hear from the appeal.........

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