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    • Do you want to shake your groove thing but don’t know any steps? Even dad dancing beyond you? Then order ‘Dancing with The Don’ and let Felon Trump teach you all the 'hottest moves Starring classic moves like: whackamole a child, flossing your nostrils, shaking the cell bars, and pointy pointing    
    • Thank you. Please will you repost your images in one single multipage PDF file – the right way round et cetera.  
    • And just to reiterate – I'm sorry if the message above sounds a bit harsh. We have to get the message out to other people who visit this thread as well. I realise that you are having a difficult time and we will do our best to help you, of course
    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
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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 
        • 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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Respondent bundle not arrived


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They asked for additional time which I allowed and was granted the due date was then for today I haven't recieved anything what's the process now? Do I complain ?

 

Many thanks

Edited by noname84
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You must let the court know. Have you contacted the other side ?

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As long as both the court and the respondent are ok with accepting emails then yes, I see no harm in that :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi all further to my first post I've changed the title a bit had had developments. I emailed both the ET and respondents legal to say I've not had my bundle by due date. They replied to me only and apologised and blamed the amount of paperwork which I sent they go on to say half of this is not relevant to the claim in there opioion and therefore what been sent in which is the same as them they are producing a bundle called "core" then all my other stuff they don't feel Is relevant they are putting into a 2nd bundle. Is this right? Surely it's up to the judge/ET to decide if the paperwork is relevant or not the letter also goes on to say I've agreed to this I have not I do not know what paperwork they have decided is relevant or not I'm very confused, any advice ?

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It is usual to agree to the content of the bundles prior to the hearing.

 

TBH, I am not sure whether they can simply decide to leave stuff out if you havent agreed to anything.

 

I will try and find some further advice on this for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have flagged the question for site team. However,

 

You might want to confirm with the respondent that BOTH bundles will be filed with the Court/ET as well as being provided to you.

 

Ask them also, to provide any proof of your agreeing to this decision.

 

You also require a list of the items they are appearing to unilaterally be leaving out of the main working bundle.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi non

 

If you and the Respondent can't agree on what documents should be included in the main 'bundle', what 'The Chairman' of the Tribunal would probably say is exactly what they are doing, having a separate 'bundle'. What you could do is contact the 'Respondent' tell them you want the disputed documents in the main 'bundle', but at the back, sectioned off. It could be a tactic on their part, it makes it easier for them to defend the case.

 

If your not receiving documents in time, complain to 'The Chairman' of Tribunals straight away, infact complain about

their conduct if they aren't co-operating.

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I've had rather a crapy email from the respondents solicitor this evening they always send in the evening! Telling me the done thing is not to include the ET into correspondence and has stated"reserve our position in relation to your conduct." I'm slighty annoned as this all came about by me emailing the ET and respondents solicitors at the same time about being late in sending my bundle and challenging the above as previously mentioned. Is this scare tactics or is this correct?

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Hi non

 

It's just poor, keep a diary of deadlines, everytime they fail to meet the dealine, send a summary to the Tribunal. It's their 'conduct' that they need to watch.

 

I've had rather a crapy email from the respondents solicitor this evening they always send in the evening! Telling me the done thing is not to include the ET into correspondence and has stated"reserve our position in relation to your conduct." I'm slighty annoned as this all came about by me emailing the ET and respondents solicitors at the same time about being late in sending my bundle and challenging the above as previously mentioned. Is this scare tactics or is this correct?
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I'm fighting my ET claim myself I'm getting various emails from the other side which ate not nice I'm stressing about the bundles and what they are going to say I'm worried about how I start and write my witness statement let alone the court hearing itself I am alone fighting this, and it's been ongoing now for nearly 18 months all in all. I know deep down I did no wrong and was unfairly treated but what if I carnt prove it and dont win I'm putting myself through so much stress and heartache to gain notthing other then a possable charge for costs agaisnt me i just dont no if I'm strong enough to continue !

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I'm fighting my ET claim myself I'm getting various emails from the other side which ate not nice I'm stressing about the bundles and what they are going to say I'm worried about how I start and write my witness statement let alone the court hearing itself I am alone fighting this, and it's been ongoing now for nearly 18 months all in all. I know deep down I did no wrong and was unfairly treated but what if I carnt prove it and dont win I'm putting myself through so much stress and heartache to gain notthing other then a possable charge for costs agaisnt me i just dont no if I'm strong enough to continue !

The stuff about costs tends to be an empty threat. Provided you have complied with all the Tribunal orders you will not be liable for costs. If your case was really weak, you would probably have been asked to pay a deposit.

 

As for the witness statement, try to remember that it is evidence and anything that is not disputed by the other side is accepted as truth.

 

Put in everyithing that happened in chronological order and try not to leave anything important out. Start off with the Background and then get into the events and the claim.

 

Remember it must be fact and not opinion, leave that for the Tribunal.

 

I wrote "War and Peace" but it was double spaced with a big margin and it took only about 50 minutes to read. The other side came up with glib denials but my statement was better as I explained the particulars of the work and other stuff that saved my solicitor and the Tribunal the fag of explaining or requesting factual information.

 

Get it started. Start at the start and go on until the end and put a reference to the evidence in the bundle after every point. It is a long and distasteful job but, even if you were not representing yourself, you are the best person to write your statement as you are the only one who understands.

 

I felt pretty bad before going to the Tribunal but it was great to get it over and done with. I think it is better to go through with it now that you have come this far. It is an act of faith in yourself and while I hope you win, it won't matter all that much if you don't. You will still be the same person and you can hold your head up because you refused to be walked over.

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Excellent explanation of the procedure Browncow. I did the wife's and it wasn't as bad as I thought it would be. She won.

 

I am really glad tht you won. Family support is all important at these times and my family attended every day for 4 days. The employer tried to stop union rep coming but he gave evidence anyway.

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We never got as far as the full tribunal. Sat in front of a judge as her ex - employers contested that the claim hadn't been made timeously. They had their dates mixed up and letters with dates missing and I was able to tell the judge what should be where. Think he was impressed with me but he took the **** out of the firm I can't mention but haven't bought a biscuit of theirs since Mrs Soap left! Company must have ealised that they were on a hiding to nowt and ACAS rang the following morning with an offer. After a "me and her discussion" she rang back and told ACAS to get them to double the offer which they did; wife accepted.

 

As you say Browncow, it really pays to get things in chronological order and spaced out.

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If you have received a Witness statement from them, then you can go through their points and rebut them as well.

 

I have attached some guidance notes for Witness statements below for you.. If you have any queries, just shout :)

 

Guidance Notes on Witness Statements.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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lovely thank you for that, I havent even brought myself to read the bundle! but i have a bit of time so i am going to give myself some time "off" and then crack on in a couple of weeks. it just feels never ending.

but thank you so much for the links and attachements etc it will be a massive help for me.

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I would suggest getting into it as soon as possible, even if just making bullet points, with mine I have tended to sit in the garden with a cup of tea, enjoy the sun (when there has been some!) and write it out, I'm on version 15 of my statement, and my hearing is in August.

I really would stress that your statement is the be-all-and-end-all, it is the alpha and the omega, it is so important that your statement covers everything you want to get across. And delaying starting writing it could be a mistake.

 

Once you have written it i would have a trusted friend, one that says what they think, go into your statement and ask you every question that they can think of, so it prepares you for cross-examination and even make you adjust your statement so it answers some of these questions.

 

Good luck :)

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 all,Thank you for your support so far, but I am finding it very difficult to get this statement written in the correct way or even started! I am even finding it hard to read the bundle its two huge folders full of paperwork and I just don’t want to relive this nightmare, I really want this done and dusted without the stress. Can I find employment tribunal representation to write this for me and help complete, I guess if I paid solicitor then the amount of time this would take would end up costing me a fortune. But I just do not want to get stressed out and depressed by this and I already feel like I’m going down that road - this has been with me for 18months already.

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I would ignore the bundle for now.

 

Just write down in a chronological order exactly what happened, then beef it out with details, dates and times, insert bits that come to mind later on. At the end then go through the bundle and find evidence to support your claims and go back tot he statement and put int he referrals.

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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