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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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List of items to be included in Bundle


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Have to compile this and have been reading about this in various places. However, my confusion is, how comprehensive should it be? Apologies if this sounds like a complete rookie question and I would imagine it's been answered here before, but I cannot find what I'm looking for.

 

So question is, should it include anything past what I intend to use as evidence for my case and argument i.e. short witness statements (or is that truly part of the witness statment aspect?), costs in seeking employment, medical evidence (was mentally and physically unwell during my disciplinary for GM). etc? Any thoughts would be much appreciated.

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The bundle merely requires you to provide advance notice of the matter and authorities which you will be relying on at trial so that the other side can prepare their answers.

They have to do the same thing for you

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The bundle merely requires you to provide advance notice of the matter and authorities which you will be relying on at trial so that the other side can prepare their answers.

They have to do the same thing for you

 

That's not correct for the Employment Tribunal!

 

The Bundle should be as comprehensive as possible. Your duties are to include any documents which support or adversely affect your case. Anything else which is relevant to your employment, eg your contract and any policies, should also go in.

 

Witness statements are generally a separate issue. Witnesses you are intending to call at the hearing must prepare a statement in advance, but they don't go in the bundle. Not unless they were, for example, statements taken as part of the original dispute with your employer.

 

What is relevant depends on your case - for example if you're claiming disability discrimination, medical evidence would be appropriate to include. You should also disclose any evidence that you have mitigated your loss by searching for alternative employment.

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The bundle is what you will have and the judges will have in the Tribunal. If it is not in the bundle it is very unlikely you will be able to use it as evidence at the hearing. If you want the judges to look at something it should be in the bundle and you should draw the judge's attention to it when giving evidence.

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  • 3 weeks later...

Just another quick one - the bundle items I want to include also contains various meeting minutes (investigation, disciplinary, appeal) that I want to include as they contain annotations and corrections I put in but of course the respondent wants to include the original versions also according to their list.

 

In the list of items they asked me to send over, they seem to not have highlighted to send over my corrected versions of minutes so I would assume they may already have copies of them? Unless they're trying to avoid including them. Any ideas on this?

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If your corrections are substantial/meaningful, then ask for both the original minutes and your corrections to be included. As the list of items does not include your corrected version I doubt they want to include it, so you should ask for this.

 

Only do this if there is a genuine reason for including the corrected version, if the corrections are not relevant to your case it will just annoy the judge.

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