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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

nhs worker contract terminated on grounds on sickness help!!

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Emmzzi

Emmzzi

Posted
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how many days sickness in total in the last 12 months, and are you actively managing your menopause symptoms?

 

Was there any info they did not have at dismissal stage that would make a difference at appeal stage?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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Menopause is almost never a disability under EA. Also if your legs are now cured, not a disability either.

 

I'm sorry, it really does sound like excessive absence even making some allowances for your ongoing depression. I am not sure how to get you reinstated at appeal - I am not sure you are fit to fulfil the terms of your contract. As southernjessy says, an Occ Health report would be the basis of decision making so it'd be unusual not to have seen one by now. What did their report say?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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You have had 8 days? since macrh. = about 16 days a year if you scale up. That'd be higher than the population average. It's not totally unreasonable of her.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
Posted

the absences in posts 1 and 3 (about 4 or 5 days for legs and about 3 days for menopause) seem to be more than that and are probably not disability related.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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you are aware that even with disability related illness - they may increase the trigger point but it is not disregarded completely. If you take your total days off ill each year for the last 3 years, how much is that?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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No, afraid not. They look at the whole picture, and if you had a lot of time off last year, and have a far from perfect record this year, they can dismiss. I think Becky's guidance above is right. If you have ongoing problems, you are going to be waiting for the worst to happen. I am not sure you need that kind of stress?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

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Really important to know that having a disability does not protect you from being dismissed forever though.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

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Lil, but she is on a warning, she is on a stage 2? And as I read it has already been moved to days to try and help.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi

Emmzzi

Posted
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so in terms of getting another job - I think the key thing is to look for a job that is more suited to you. I think you may have a fairly physical job which historically has had shift work?

 

A more office based role, or desk based anyway, with more regular hours, may work wonders. So things like receptionist, where your maturity may help in dealing with the public? Even things like emergency services numbers, or NHS 24, where your experience may help a lot.

 

Employers operating the two ticks scheme will interview you if you van show you meet the minimum skills level for the job.

 

Remember as well that employers cannot ask about illnesses before job offer stage now in most circumstances, which will help you get a fair hearing.

 

I don't know if any of that is reassuring. MIND may have resources as well that would help.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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