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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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My wife has been for some time now and she received a letter from her employer saying that she will no longer be paid whilst off sick.

 

I've read somewhere that she may be entitled to SSP. She has worked for the employer for 18+months.

 

Can someone explain, simply, how SSP works and how to get it?

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up to £87.50 a week and is for your employer to sort out i believe

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 there

 

The current rate of SSP is £85.85 per week for up to 28 weeks. Has she exceeded 28 weeks absence? If so, it might be worth visiting CAB as I believe there is an alternative disability-related benefit she can claim from this point (although I'm not a benefits expert, sorry!)

 

Under 28 weeks, her employer should automatically pay her SSP (plus any wages which may, for example, make up full or half pay under a contractual policy).

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"should" be automatic, however it would be diligent of you to keep a close eye on it.

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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SSP is a measure of earnings replacement when an employee is sick.

To qualify you must be sick for 4 or more days in a row (period of incapacity for work - PIW)

have earnings above the lower earnings limit for NI

The current PIW should not link with an earlier PIW within the 8 weeks before this PIW

 

So in the first week the employee is sick, if they work 5 days a week (their qualifying days - QD) they won't get paid for the first 3 days whist the PIW is being formed, these are referred to as waiting days.

On day4 & 5,they receive 2/5 of the weekly SSP (£34.34 - £85.85 x2/5)

SSP is classed as taxable income, so if their normal wages plus the SSP makes them liable, tax and NI will be paid.

If there continue to be paid SSP, it is likely there will be a refund of tax if they are on a cumulative tax code.

This is because at the start of the tax year, the PAYE code is calculated as if the person is going to be in receipt of normal pay for the whole year; but if the employee receives SSP which is less than their normal pay, there will be a refund as a result of the decrease in pay and the corresponding decrease in tax deductions.

Gbarbm

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