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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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Ex Employer making false statements to client


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Hi, I left my employment a month ago, not on great terms, as I left to set up another company. I would not attempt to break any of my compete clauses.

 

Today I met with a potential client. This client was not a client of my previous employer, but was a potential client (as is anyone). I was told by a senior director that someone from my previous employer had called them a few weeks ago, obviously after I had left, to state I had in fact been terminated due to some invoicing irregularities. This was the language he used. He would support me and back it up with a statement as he felt it entirely strange for them to do this, as the only reason would be to discredit me or suggest I was not of good character. Needless to say there were no issues of 'invoicing irregularities'. I was quite shocked and upset.

 

So what is the advice? Do I contact my former employee and ask them to withdraw this, maybe suggest I will take it further. Or go straight to legal and sue them??

 

Help appreciated.

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In all honesty, a Cease and Desist letter is probably as far as you can take it unless you have very deep pockets. Whilst their statement and intervention in your business might well be defamatory, suing for this is strictly a rich man's game.

 

No harm in making the point that any repetition could result in legal action, so do this in writing stating that it has been brought to your attention that 'X' has contacted a potential client of yours and has made misleading, defamatory and potentially damaging statements relating to the manner of your departure and your personal integrity. Advise that any such future contact with current or potential clients, and indeed with any other person, should not involve a repetition of such statements, and that should 'X' or any other person acting on behalf of your former employer not cease and desist such defamatory conduct, you will be seeking legal advice with a view to pursuing legal action.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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As someone who sets up companies I would asume that you are not short of a bob or two and not unfamiliar with the legal profession.

 

What you are describing is libel. You have a witness. Get a solicitor's letter sent off, or at least send one off yourself asking for a written retraction and an apology or else.

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In all honesty, a Cease and Desist letter is probably as far as you can take it unless you have very deep pockets. Whilst their statement and intervention in your business might well be defamatory, suing for this is strictly a rich man's game.

 

No harm in making the point that any repetition could result in legal action, so do this in writing stating that it has been brought to your attention that 'X' has contacted a potential client of yours and has made misleading, defamatory and potentially damaging statements relating to the manner of your departure and your personal integrity. Advise that any such future contact with current or potential clients, and indeed with any other person, should not involve a repetition of such statements, and that should 'X' or any other person acting on behalf of your former employer not cease and desist such defamatory conduct, you will be seeking legal advice with a view to pursuing legal action.

 

Thanks for the responses. I'm not sure I have the desire (or cash..) for legal action, and they haven't necessarily done anything to cause me financial loss, just upset me a bit ! However I'd like to use your words, and any others you can add would be useful.

 

I will write to them - a cease and desist letter - and state this is potentially damaging. Also, I am sure the client (a major name) will see their actions as poor, plus it was done (so my ex-employer thinks) without my knowledge. A letter will show them that I know, and that the client want to listen to me (they invited me to the meeting), so maybe it is enough.

 

Appreciate all advice !

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The biggest firms of libel lawyers, do conditional fee actions (no win no fee), so if you think that it is serious enough they may listen to your case. I would strongly suggest you go down the cease and desist route first though. I assume you were given the name of the person who made the original statement, just so the company are fully aware of what is being done in their name (vicarious liability).

Edited by honeybee13
Removing lawyer name
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I agree with the last post.

 

You might also wish to let your client know (in writing) that the allegations made against you by your former employer were false and that they have received a cease and desist letter regarding the matter.

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