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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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Reduction in pay after promotion. (sort of)

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I'm hoping someone will be able to advise me on this problem, I will try to keep to the point. Thanks.


My partner has run a small shop (44 hours a week) which is part of a large chain for the last 9 years. Her title is supervisor although she is in charge of hiring, wages, day to day running etc. they don't have managers in the smaller stores, only supervisors although they do everything a manager would do. She reports directly to her area manager.


Her wages are broken down in the following way


1) Her standard monthly pay

2) A monthly bonus based on sales

3) A standard staff bonus paid twice a year ( all staff get this which is a percentage of the standard wage)

4) A managers bonus paid twice a year ( because she is running the shop, as a manager would)


They have just expanded her shop and have decided they now need a manager, a debuty manager, three supervisors on limited hours, and other staff, they have decided that although she has been in charge for the last 9 years she does not have the experience to be a manager (fair enough) but would like her to be deputy manager. The supervisor position she currently holds will no longer exist on the current hours.


As deputy manager she is no longer going to receive:


1) The monthly bonus based on sales

2) The twice yearly managers bonus


So in effect this is quite a significant pay cut which she/we can ill afford. Are you able to advise on what is allowed or any other advise would be a great help.


Thank you for your time.



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Hello and Welcome, Dan.


I take it your partner would have been informed they would loose the monthly bonus based on sales and the twice yearly managers bonus during the interveiw process, I would not think there is not a lot she can do as she has accepted the role as it stands.


Maybe someone else will have a more hopeful reply.





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If you are informed that you will loose these benefits then really there is nothing you can do.


I don't understand why they would loose the managers bonus now they are a manager?

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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Did she have a written contract in place?


If so, this should govern the bonus issue. Without the contract, there's a custom and practice argument which could form the basis of an unlawful deduction from wages claim. With a contract, it may well state the bonus is discretionary, which could mean theres no legal claim.

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Thank you all for your replies.


She has not formally accepted the position yet and there was no mention of the bonuses being removed in the formal interview for the job but it had been suggested at another time that this will be the case.


My partner still has the original contract dating back to 2003 (she is very organised :))


Taking a look a it it does not mention the managers bonus at all but it does mention the monthly bonus (stated as a weekly bonus on the contract)


The contract says


Rate of pay: £xxx per hour plus a weekly bonus of £xxx





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As she has been there for such a long time can she negotiate at all without falling out with her employers, she could say that this will seriously affect her wages and as such prehaps there is another branch that she could transfer to as a supervisor?

She has nothing to lose by asking and she must be quite a valued employee if she has given such good service for so long.

If I have been of any help, please click on my star and let me know, thank you.

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Having spoken to a family member who is a solicitor (this is not his field though so is not 100% on this) he also suggested the same becky above that because the bonuses have been paid year in and year out without fail that this is a case of custom and practice so are going down that route with a view of any bonuses becoming part of her standard wage.


I will update ths thread once we have come to a conclusion as it may help someone in the future. Thanks to everyone



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I would guess at custom and practice, effectively she is being demoted otherwise, which could be grounds for constructive dismissal.


But skip the legal perspective and play the bl**ding obvious one that its wrong she should get an effective promotion that lowers her income.

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