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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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Appraisals and pre-appraisals


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Am I correct in thinking that a company has to get you to fill in a pre-appraisal form before the actual appraisal? At my old company we never did pre-appraisals.

 

And after an appraisal do we have to sign the notes/minutes of the meeting to say we agree with what has been said?

 

Should these notes/minutes be placed in the personnel file?

 

The reason I ask is I was unfairly dismissed and my ex-employer is saying my appraisals flagged up my poor performance when in actual fact they were all really positive. I never did any pre-appraisals, never signed anything after my appraisals and he didn't let me have a copy of the contents of my personnel file after I left.

 

He's lying but is he in the wrong by not doing pre-appraisals and not getting me to sign anything. Without my signature it's just his word against mine. :???:

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pre appraisal is optional, depends on company process

 

signing the appraisal does not mean you agree with it, it just means it has ben delivered to you, usually. Have a look at the wording on the form.

 

Do you have copies of your positive apraisals by any chance, it sounds like they would be useful?

 

How long had you worked there? And why do you believe the dismissal was unfair? Answers to those will enable us to help you better :)

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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I was there for two and a half years and the only reason I was dismissed was because the bosses wife took a dislike to me. I've got a tribunal hearing scheduled for next month. I've seen a copy of his ET3 form and he's fabricated a whole load of lies about me.

 

When I had appraisals they were only ever verbal, there was never anything written down so actually no proof they ever took place at all. He is now saying that the appraisals flagged up my poor performance which is untrue and I'm just waiting for him to send me a copy of the minutes which were supposedly written at the time of the appraisal.

 

Do I legally have to sign an appraisal to say I've received it?

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No, you don't. Some staff refuse on principle.

 

Does the company have a performance improvement process? Were you put on it?

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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Has anyone else left recently that would write a statement for you to support this? ie the general principle of non management of performance?

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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Sadly not :( The guy they took on to replace me quit after a couple of months because he felt hounded out by the wife but as he wasn't actually there the same time as me and because I never met him I can't really ask him to be a witness. Nobody else from the company will speak on my behalf because their lives will be made hell by said wife :(

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