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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
      • 161 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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A solicitor will send any letter you like , your employer will ignore it then what? you spend a load of money persuing a non existant claim? I suggest that you go to the meeting apologise and hope to keep your job, all i can see from you at the moment is a person who didnt like a job he was given to do so made a fuss but ended up agreeing to do it anyway, cant see that you have any grounds for claiming unfair dismissal

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Yes i suppose i do think an apology of sorts, along the lines of prehaps you didnt explain properly your concerns and your attitude/response to the work may have been misconstrued etc etc, the company obviously feel your conduct was wanting in some respects. See what the letter says and then you can address the issues that they raise individually.

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Just my opinion but there is some talk of the employer being unreasonable but at the moment the op is coming over as the unreasonable one. The very basic point is the op had a job to do he refused to do it (twice) unless there was a safety or legal reason why he shouldnt do it, there was no need to refuse whether he was motivated or not. I think an apology for the initial refusal and mentioning that it the whole situation seems to have got out of hand (on both employer and employees side) might be a way to at least take the heat out of the situation. I dont actually think the OP should be putting anything in writing as he needs to tone things down as he is coming accross rather aggresivley, or send any solicitors letters at the moment

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Self respect wont pay the bills, I get the impression that the op is not an easy person to work with as they are always right, and it seems impossible to get them to see any point but their own. To be fair they shouldn't have said they didn't want to do the work in the first place regardless of saying they would do it at an later date. I think the OP will be lucky if they just get a basis reference and the employer is very unlikely to pay anything more than notice and holiday pay if the op resigns, and why should they?

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I have worked in the past for well below minimum wages because if I need to earn £100.00 I prefer to do it in 2 hrs but if it takes22 that's what it takes its a matter of personal choice really, if that's all I can do to get what I need, I do it. Not all employers are bad in fact the majority are ok but at the end of the day its a blooming sight easier to say yes sir no sir do the job and go home, paying the bills yourself is self respect however you do it. And the OP did initially refuse to carry out the task, it wasn't until the 2nd meeting with the manager he said he would

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