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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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I will try to be brief! I had a car accident 5 years ago and have been left with residual issues both physical and emotional.

 

I have been in my current job for 4 years - my manager knew all about my accident issues - inc PTSD when I was hired. For 2 years everything at work was ok and I was offered a promotion in March 2011 - which I took. Since then - things have slowly gone down hill.

 

The additional work responsibilities, hours and increased driving have culminated in my ill health. . . . . Last spring I was off work with stress, anxiety and depression for 7 weeks. Phased return to work followed and then from September I was back into the normal swing of things working 50 hours plus a week which was making me very unwell. I went to my GP and was put on reduced hours - 4 days a week since mid November.

 

However I have not had a reduction in my duties, in fact there has been an increase in my tasks and responsibilities so I am no better off than I was.

 

Work asked me to go to an OHA last week and the report said I should work no more than 28 hours a week - I was a bit shell shocked in the meeting and didn't deport myself very well. I should have said a reduction to 3 days a week as I am not coping with 4 days but I wasn't really in control of the meeting and was overwhelmed. Result is the report is quite soft and urges a "reduction in responsibilities and workload to make 28 hours a week achievable;" . . .

 

Long and short of it is my work have asked me to suggest what reasonable adjustments they can make. I didn't think it was supposed to be that way around, but none the less! So I have made some suggestions hoping that they deem them unreasonable because really I want to leave the job.

 

I have come to terms with the fact that my on-going issues mean it is not good for me to be in a position of responsibility it causes me too much stress and anxiety. However - I am trapped because my solicitor says that I can't resign and that I have to be medically retired or go on long term sick.

 

I want to move on now and don't feel ethically right in dragging things out with work so I want to try and force a compromise. It is not necessarily for financial restitution - although I have been really neglectfully dealt with considering I am very much covered by the Equality Act - but more because I need for my court case to consider future loss of earnings not to have resigned.

 

Before my accident I would definitely have had no problems dealing with the responsibility and workload but now I just can't cope anymore. . . .

 

Can anyone advise me as to how I go about this? I have been honest with my manager and my HR director that I am really struggling with my current situation and do not think this role is right for me anymore but no one is listening to me. I think to be heard and the situation to be taken seriously I will have to raise it but seeing as I can't just resign how do I get myself out of this situation?

 

I just want to be rid of this job because it is really making me ill - I work within child protection for a charity and the responsibility of my job is just too much - I feel on the verge of a breakdown everyday because I just can't cope with making decisions and being in charge of something so potentially serious.

 

Thank you!

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you can of course resign any time you like. I susoect your solicitor mesans "you cannot resign if you also want this."

 

currently there is no loss of earnings. You seem to be trying to get an employer who is trying to make adjustments (supportive) to force you out for a claim against.. who? The other car driver? The insurer?

 

anyway. Your employer is doing what they need to do. I am not sure why they shoud pay out on a compromise agreement as they have done no wrong, from what you tell us.

 

You do sound like you are trying to manipulate circumstances to fiddle your claim; I am sure that is not the case but it reads as "I am putting this claim before my health because my lawyer has told me of a technicality." Maybe give us some more information to help us understand why that is not the case? Why can't you go on LTS if you need to? it sounds like you need to, and no one get IHR without LTS first for stress conditions.

 

I think you need to talk again to your solicitor. Surely if you cannot work, your medical advisors will give evidence to that effect, and you can resign?

 

Have you also tried asking for a demotion.

 

are you currently seeking a job elsewhere.

 

You do need to mitigate your losses where possible.

Edited by Emmzzi

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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Hello there. I've put some paragraphs in for you. They sometimes don't work, depending on what kit you're using, but you could try hitting the Return key twice at the end of the paragraphs. That's been known to work.

 

I'm also confused about where your lawyer is going, because work sound as if they're trying to help. I'm not an employment expert, but was wondering if going back to the work you did before and were happy with would be a reasonable adjustment? Assuming it's available of course.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Actually my work have not been reasonable at all. When I went off sick last year I made it clear that I was struggling with my responsibilities and that I needed additional support. I also said that my workload was too much - my tier of management habitually work more than 50 hours a week and none of us have signed out of the working time directive. We did a time and motion study back in January / February 2012 over 4 weeks that identified this but nothing was done to reduce the workload. There was a change in senior management in September and since then I have not had a 121 or supervision and have not had a single meeting about my workload and responsibilities despite asking for help.

 

In my appraisal - which lasted 7 minutes I was asked to fill in what I thought" Despite being off sick for 7 weeks and struggling, when one of my managers left in July 2012, HR did not authorize a replacement recruitment until January 2013, so despite being under pressure with my existing workload I was doing 2 jobs for almost 7 months. When I asked for help and support I was told "there is no budget at the moment to recruit more staff" I was also made - not asked - lead on an important project with a lot of responsibility. When I said I couldn't cope with additional responsibilities I was told that it would ";sort itself out and we are all on a treadmill at the moment";.

 

I have asked for help countless times and been given none. Since January I have had to induct a new member of staff, and 2 of my other managers have been on reduced workload due to stress and bereavement (3 days a week) and the person to pick up the slack is me - as there is no one else. I am contracted to do 35 hours a week so at 4 days that should be 28hrs - but I am consistently doing more like 35 hours plus in 4 days due to traveling and workload. At least 3 times a month I have to work from another office which is a 13 hour round trip to put in a 7 hour working day. I have been given no guidance advice or support to enable me to realistically reduce my workload - and I have not had reduced targets - in fact since going down to 4 days a week my target for my area has been INCREASED with no consultation.

 

When I asked my manager what could be taken from me to enable me to reduce my hours I was told "you shouldn't have such high standards..."; There are loss of earnings as my company have a very limited sick pay policy and that has all been used. Now I have been for an OHA - my HR Director and I quote "needs to really look and see at what we might be able to do because you have had this thing done" I said what adjustments do you think could be made and I was told "well budgets are very tight so I do not think we can recruit anyone else. I think you have to work a bit smarter and use Skype more" I said I needed some real guidance on how I could realistically reduce the amount of responsibility I had and he said "well your region is on target so it all seems like it is going well for now. I can't suggest what you can or can't cope with seeing as it is all going ok can I?"

 

Also - seeing as I have had a period of long term sick almost a year ago, and my workload has steadily increased since then - can it really be argued my work are being reasonable to look at adjustments NOW? ??? SORRY for the awful formatting - my machine won't recognize the paragraphs.

Edited by ims21
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you could look for another job and leave, you could not meet targets and when challenged say you have too much work to do 4 days would normally be about 32 hrs if an 8 hr day + travelling could make it easily 35. If you have too much work put your request for help in writing and say why you are requesting it. many employees work more than their contracted hours especially if they are salaried. Would you be happier if you were demoted back to your original position? Are you being told to do the extra work or are you choosing to? your manager said you shouldn't have such high stds are you making things more difficult than they need to be?

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

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If this type of work is stressing you out too much, I would be looking for alternative job or a demotion. I've left a well paid job before because of the stress to start a more enjoyable job which paid signicantly less. Depends on your outgoings really. To some the money inst as important. Just hang in there tll you can sort it out. I use to be a bar manager earning 25k a year, but now im a sports coach earning 15k, but life is so much more enjoyable.

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Let's be frank. An ET for stress is near impossible to win. They have no budget to offer you a compromise agreement. I think you have three choices; long term sick, find a new job or work to the hours you are paid and drop your standards.

 

But you are paying for a solicitor, I am still not sure why, but what is the advice they give? I assume they have more detailed information than us....

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 have a solicitor because my car accident was caused by someone in a stolen car who fled the scene and so for my injuries I have to claim against the Motor Insurance Bureau. The advice they gave was to go on long term sick as I can't manage my work and play the long game until my work compromise me. The reason I do not want to do that is because I think it is unethical to lead my employer to believe that I will be returning to work, because I know that I can't do this job anymore. As I said before, it do not want money, I just want for them to say that I can't do this job anymore because of my illness and they can't adjust the role reasonably enough to enable me to continue. I think I need to just be honest with my work and tell them that we have to reach an agreement for me to leave. Thanks for all your advice everyone. I have realized I am over thinking this and I need to just need to bite the bullet and tell work I have to go.

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I'm with your solicitor actually. Go lts. The business is not as worried about ethics, and you are genuinely ill.

 

Ride it out.

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 have a solicitor because my car accident was caused by someone in a stolen car who fled the scene and so for my injuries I have to claim against the Motor Insurance Bureau. The advice they gave was to go on long term sick as I can't manage my work and play the long game until my work compromise me. The reason I do not want to do that is because I think it is unethical to lead my employer to believe that I will be returning to work, because I know that I can't do this job anymore. As I said before, it do not want money, I just want for them to say that I can't do this job anymore because of my illness and they can't adjust the role reasonably enough to enable me to continue. I think I need to just be honest with my work and tell them that we have to reach an agreement for me to leave. Thanks for all your advice everyone. I have realized I am over thinking this and I need to just need to bite the bullet and tell work I have to go.

 

Hello there.

 

I see you've deleted some posts here, which makes the thread hard to follow and is disappointing for the people who have advised you and in my own case, edited to put in paragraphs.

 

I hope you get the outcome you deserve from this.

 

HB

Illegitimi non carborundum

 

 

 

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