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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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Work nightmare!


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Hi

 

Any help or advice would be greatly appreciated. I am trying to help my niece with an issue she has at work.

 

She has been employed with the same practice for over 4 years. She received £6.50 per hour for 37.5 hours per week 2008-2010. She left on maternity Aug 2010 returning in Mar 2011 and resumed employment on £6.50 per hour working 18 hours per week.

She recently passed a few work related exams that meant she should be due a pay rise, when she queried this with her colleagues who are all full time and employed in a similar role she discovered that these employees had been given a pay increase to £7.10 while she was off on maternity before any of them passed the exam.

When she queried this with practice manager she was offered £7.10 per hour. She accepted. The following week she was asked to increase her hours. She advised she couldn't. She then got her pay slip and the pay rise was not included, when she questioned her manager she was advised that sh will only be paid the higher amount if she increases her hours??

Can her employer pay her less than colleagues in the exact same role?

Can they pay her less than new full time employees who are employed in a role with less responsibilities?

 

What do we do?

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Was the offer of pay made in writing or verbally? not that it make that much difference.

 

The job roles you do are they the same or just seem the same?

How do you know this other person is paid more?

 

What isn't the point here is that someone is paid more than you its the offer of pay that was then rescinded after you couldn't do the hours.

Was there any chance that there was a conversation about the clause they have added?

 

If they have offered her the pay rise, and she accepted then that is a contract, however proving that could be an issue

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

 

Thanks for responding. There are 3 people in her team, All girls who started at the same time and whose duties and responsibilities are identical two now receive £7.10 per hour and my niece on £6.50 per hour. The only difference is she works 18 hours.

 

There was no mention of increasing her hours when they offered her the rise. Which was offered straight away when she queried why she was paid a lower hourly rate compared to her peers. She was promised the pay increase with immediate effect, accepted it, 7 days later she was asked to increase her hours. It wasn't until she received her payslip and questioned why the agreed increase hadn't been applied that they advised they had changed their mind about increase

 

Thanks

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I suggest that she write to her employer recording EVERYTHING that you've stated here giving names, dates etc. and asking for written reasons for the change of mind about the increase. I would recommend that she print two copies of her letter and get one copy signed and dated to acknowledge receipt when she hands it in.

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