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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
      • 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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Company Trackers


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The company I work for is planning to install Trackers to our cars, that’s fine but here is the rub,

 

The company does not have a Tracker policy and the question Is do they need one To discipline anyone?.

 

The company have not consulted anyone on this matter and plan on rolling them out soon.

 

They plan to do our timesheets and pay by these devices… is this legal ? I do have a contract which states 40 hours per week pay.

 

 

We also frequent HM secure places, I cant say too much due to the nature of my job… we fear for our safety and family safety as this info may be visible on the net via GPS… do we have a case to refuse one on these grounds. (Risk assessments)…

 

 

I have asked for a personal man down device, they say I don’t need one as the tracker will suffice… I don’t think so cos Im not in the car all day and spend most of the time on sites by myself.

 

Any thought would be appreciated

 

 

 

 

They say:

 

The solution will be used for the following benefits:

 

 

 

· Management - Servicedesk will be able to see the nearest available engineer with required skills and equipment.

 

· Reduced Phone Calls - Servicedesk will be able to update customers on arrival time (and traffic delays) and therefore reduce the number of relayed phone calls

 

· Health and Safety - The business will be able to comply to its duty to ensure your wellbeing.

 

· Reduction in Fuel Costs - Sending the nearest engineer, planning routes and identifying trends will allow the business to save money on fuel.

 

· Competitive Advantage - Workforce Management Systems is seen as a positive for our customers and helps us to win more business and grow.

 

· Automated timesheets - We will be able to explore the partial/full automation of timesheets, thus reducing the amount of time engineers are spending filling in paperwork.

 

· Congestion Charge Management - We will automatically be able to report on vehicles that have entered the London Congestion Zone to avoid fines.

 

· Servicing Management - The Servicedesk will be able to better manage vehicle servicing requirements.

 

· Privacy Management - The business has opted for a system with business/private mode button. This will allow engineers privacy outside of working business time.

 

 

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The way I see it is that to a certain extent as it is their vehicle, and you are their resource then they can do this quite legitimately UNLESS it is used either now or in the future to reduce your wages. You are paid a wage for a working week which they specify as a 40 hour week, and it will be generally understood that within that 40 hour week there will be a certain amount of downtime, waiting and travelling time. Providing that the system is not used to pay you for only time on site then this would be fair. The employer would have a right to know the location and availability of resources.

 

They don't currently have a Tracker policy, but are now introducing one, and whilst the devil may well be in the detail, your only grounds to complain about the tracking in itself are for reasons of privacy, but with a business/personal selectable option, this base is covered.

 

You would be entitled to air your grievances related to personal safety, but subject to the right assurances being given about the security of access to the data, then this would also be covered, although the 'man down' device would be a separate matter to vehicle tracking.

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

 

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My company tried to roll out a similar thing 18months ago but they were using a tracking device through our company mobiles. i questioned it at the time but as the phones were company property they could do it and they also bought up the safety issue, I suggested that a personal device would be better but they wouldnt wear it. As it happens they tried it on 6 people and then it all died a quite death, so it may not happen.

i also brought up the privacy issue but was told just turn the phone off when I wasnt working.

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Sidewinder thanks for the speedy reply... this is the letter I have typed up, can you pick any holes in it ? bear in mind this is a real theat to me.. thanks

 

In light of the new company structure and need for the business to install vehicle Trackers.

 

 

1. If an GPS/GPRS/Internet Based Tracker is fitted to any Vehicle that I am asked to drive on company business would put ME and my FAMILY at risk, this is due to the nature of business that we as a company undertake Security Systems and sites that we frequent, ********************* sites

 

 

2. A Risk Assessment was carried out by myself and was deemed to be to a High risk.

 

3. The risk was third parties ability to obtain tracker data and whereabouts of individuals and use to coherse to persuade; this is not limited to one individual but would affect all.

 

4. The lack of a company Tracker Policy or contingency plan devised for an exceptional risk that, though unlikely, would have catastrophic consequences and the Management would be putting me at undue risk.

 

5. Are ICO Data Protection procedures being adhered to and or the Data collection is held at a secure location? Are the Data controllers vetted and conform to the legal requirements? who is processing my Data?. What information is being held on me?, what is the Data being used for?.

 

6. Taken into consideration the above I would find it stressful and worry about being tracked in turn would lead to ill health stress or anxiety.

 

7. This should be viewed without prejudice or favour.

Abbey Settled 3,600:cool:

 

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EGG

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Abbey

MBNA

 

 

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My company tried to roll out a similar thing 18months ago but they were using a tracking device through our company mobiles. i questioned it at the time but as the phones were company property they could do it and they also bought up the safety issue, I suggested that a personal device would be better but they wouldnt wear it. As it happens they tried it on 6 people and then it all died a quite death, so it may not happen.

i also brought up the privacy issue but was told just turn the phone off when I wasnt working.

 

A.S, yes our company have been on about Trackers for ages, we have a new manager who is keen on micro management...so foolish. they have given us a date so it may go ahead, thanks for the reply.

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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