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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
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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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On call & sleep in duty


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Hi, I have been looking around and trying to find out my rights but so far unsuccessful.

I work in the health sector with adults with learning difficulties, at present I work 36 hrs a week with 2 'sleep ins' I also do in call duty when I am at home ( this includes dealing with sick calls & finding cover, sorting out enquiries from staff etc) how would this stand with the working directive? Also sleep in duty is £26 a night whether your awoke or not ( you are lone working) and on call is £10, would either of these come under the minimum wage law?

I have also expressed I am unhappy about doing on call when I am not on shift as the time can range from 5pm till 9am and occasionally due to weekends or bank hol can be 24hr.

Lot of questions sorry just hard to find anything as the service needs 24hr staffing

 

Thanks :)

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Hi, I have been looking around and trying to find out my rights but so far unsuccessful.

I work in the health sector with adults with learning difficulties, at present I work 36 hrs a week with 2 'sleep ins' I also do in call duty when I am at home ( this includes dealing with sick calls & finding cover, sorting out enquiries from staff etc) how would this stand with the working directive? Also sleep in duty is £26 a night whether your awoke or not ( you are lone working) and on call is £10, would either of these come under the minimum wage law?

I have also expressed I am unhappy about doing on call when I am not on shift as the time can range from 5pm till 9am and occasionally due to weekends or bank hol can be 24hr.

Lot of questions sorry just hard to find anything as the service needs 24hr staffing

 

Thanks :)

 

Are you in a union?.

Much of the EWTD case law relates to junior doctors (the Jaeger and SIMAP rulings),

while the union Unison has 2 helpful fact sheets at

http://www.unison.org.uk/file/Workers%20Required%20to%20Sleep%20In%20(WTD).pdf

and

http://www.unison.org.uk/file/Workers%20Required%20to%20Sleep%20In%20-%20%202007.2.doc

 

which give examples relating to the minimum wage.

 

It seems that this is an area where the law is evolving, and further legislation / clarification is expected, so apologies for not giving a definitive answer!

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tip:

dont paste from word

use notepad

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx,

I'm not sure if the "use notepad, not word" is meant for me, or Roxxi83.

 

Roxxi83's text looks fine to me (viewed on an iPad, using Safari).

Is the problem the URL's I've posted? They 'click' O.K. for me, but do have %20's visible in the links ......

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bazzas i've already edited the post to make it work

 

just posted for future ref

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

bazzas i've already edited the post to make it work

 

just posted for future ref

 

dx

 

Thanks, dx (thanks for the edit, but also for all the work you and the other mods put in!)

I don't know if it's an iPad thing ... I copied the URL's from within safari, and typed the post online, so it was only the URL's I pasted ...

Can you let me know by pm what the problem was so I can avoid it in future? Or is it worth starting a new thread and linking to it here? (I want to avoid creating the same work for you in future, but also don't want to derail this thread).

 

Thanks again for all your hard work,

BazzaS

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you need to put the URL's on a new line!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you need to put the URL's on a new line!

 

dx

 

Noted for future ... Although I see from another of my posts that a mod has added "URL" and "/URL" in square brackets "[]" around the URL as an alternative to putting them on a new line.

I'd not noticed the "silent moderation" before, so wasn't aware it was a problem .... I'll try and get it right in future!

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Hi, I have been looking around and trying to find out my rights but so far unsuccessful.

I work in the health sector with adults with learning difficulties, at present I work 36 hrs a week with 2 'sleep ins' I also do in call duty when I am at home ( this includes dealing with sick calls & finding cover, sorting out enquiries from staff etc) how would this stand with the working directive? Also sleep in duty is £26 a night whether your awoke or not ( you are lone working) and on call is £10, would either of these come under the minimum wage law?

I have also expressed I am unhappy about doing on call when I am not on shift as the time can range from 5pm till 9am and occasionally due to weekends or bank hol can be 24hr.

Lot of questions sorry just hard to find anything as the service needs 24hr staffing

 

Thanks :)

Hi

 

Under the WTD there is many exclusions involved in the health and social care.

However u r only entitled payment for on call at your workplace I.e. sleep in, u appear to get on call payments whilst at home this is an additional contractual benefit.

If u r woken during your sleep in you are entitled to be paid the NMW, there may be a time specified in your contract where u have to work before an hourly rate kicks in.

 

Ur sleep in payment is an on-call payment whilst u r at work.

 

Hope this helps.

 

J

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Thanks 4 the replies. The on call while I am at home is due to the manager finishing at 5pm so all the calls to the office get divert to my work phone if I'm on call which sometimes can be a lot of calls, this also restricts what I am doing during my free time as it the full area we are on call for not just the house I work in.

 

Thanks :)

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