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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.

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      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.
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      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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stepson (works contract) questions?


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My stepson works in his local WMC glass collection usually on a weekend while he does college through the week.

 

He's just turned 19 although has some form of Autism so with this being his first job me and his mum look out for him a bit.

 

He's been there about 3 years now and usually does around 2 shifts a week over the weekend the wmc decided they were going to do contracts for everyone.

 

In the contract it stated that stepson/glass collectors are classed as casual staff so they are working in a needs of the club basis. Now once this contract was issued he started getting the odd shift which was 1 day a week which meant his wage would only be about £20.

 

The landlady said after he spoke with her not to worry about it as he gets 2 shifts (they do have too many glass collectors)

 

So ok we then looked into how his holidays were worked out with him being casual staff as we wanted to know how they worked them out as he was told 8 days per year but in the contract it stated that they would look at hours worked over 12 weeks.

 

We also asked about smokers breaks usually because he does 4 hrs they don't get a break and if they do it is down to the landlady/boss that night. usually they do however in the contract it only ever refers to smokers getting a break and as long as they sign out it's ok so we asked if the contract could be changed to inc non-smokers.

 

this we as reply we got in summary,

 

Dear .....

 

None of the bar staff of glass collectors have contracted hours so it would be unfair to say you are guaranteed 2 shifts per week.

 

Holidays are worked out from your working week pro rata over the last 12 weeks worked (fair enough) (only gripe I have with that is holidays run from January-dec so the secretary didn't explain if from January he needed to build up 3 months of holidays or whether they go from the last 3 months which would be from the end of december 2012) I will look into that.

 

As for smokers breaks he basically said they don't have to give one but they do they have to sign out in a book so they know where they are and went onto say that as a non smoker he has to stand in the smoking area so they know where he is if there is a fire. he doesn't smoke and he ended the letter with.

 

Stepson...you have more than 50 years left to work and you will find this type of discrimination where ever you work.

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Bottom line really I don't think we will take it further with it being his first job he would need a reference and speaking from experience of employers you do get bullying in the work place and while it doesn't bring a lot of income it is something more than anything I was shocked that the club secretary actually admitted in writing that the club "discriminates" against it's employees

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sure.

 

but not in an illegal discrimination sense.

 

I think your son is getting a warning shot of "stir it up and get pedantic and you'll be difficult to work with, try rolling with it, you'll get further."

 

Which is not bad advice.

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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TBH its a casual job at weekends its not really worth getting into rights etc as they could just say he isnt needed anymore. there are always arguments over those who smoke getting breaks and those who dont not, but thats life, once he finishes college I doubt if he will make this his full time career, so really just get on with it, its two shifts a week, gives him some spending money and it appears he is treated no differently to anyone else.

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

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the club is saying that it allows unpaid breaks for smokers. This is perfectly legal and not discriminatory. You could encourage your stepson to take up smoking with all the benefits that carries with it, he probably wont have to work for 50 years then.

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