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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
      • 162 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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Our contract of employment states that we are expected to do a reasonable amount of overtime.

 

Our day starts at 7:45am our days runs are supposed to be for 10 1/2 hours officially finishing at 6:15pm, 1 hour for lunch.

 

Our days are scheduled in the morning with time estimated from average time per job, this is just doing the job and does not account for additional time for trouble finding the site and problems that can be encountered doing the job (we can do between 6 to 30 drops per day).

On paper our times are longer than the 10 1/2 hours and the return time to the depot can be anything from 7:15pm onwards, this is not accounting for any problems along the way.

Most of the time we get back later than the scheduled time for the run often working a 13 hour day.

Also because the runs are longer than the amount of hours in the day they macro the times down so they can fit in to the time available.

 

If we have had a bad day and loads of problems the guys ring in and say it is too late they are bringing some items back, the amount of agro they get from the managers is terrible, I am quite happy to take the agro and I have an answer for every one of their reasons for forcing us to stay out late but many of the drivers are not as strong willed (or stubborn) as me and will stay out later.

 

In my eyes 3 hours is unreasonable overtime, I even think 1 hour a day is unreasonable but I am happy to give that amount to give many more customers their items.

 

There are so many other ways they make life difficult for the drivers but I could spend all day writing an essay about it.

 

If overtime is scheduled in every day is that over time or just the working day?

How long is reasonable overtime?

 

I am working on a letter for the drivers to make them aware of the law that the company are breaking, including Holidays, working time directive, health and safety.

 

Any information or links to laws, acts, regulations, acops that can give the drivers confidence to approach the management would be appreciated.

 

Feel free to ask any questions for clarification or to expand on anything.

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Contact the governments helpline. Reasonable overtime per week is normally a few hours, but certainly not ever day.

 

https://www.gov.uk/browse/employing-people/contracts

 

 

Also, iirc you cannot be forced to do more than 48 hours per week unless you specifically opt out in writing. This means there is normally a very obvious clause in the contract that you sign separately, or a completely separate agreement where you opt out.

 

They cant simply put in your contract, " you will be required to work 48+ hours a week" and then have yous ign the end of the contract. It should be specifically signed so there is no disagreement.

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I would also be concerned about driving hours and rest breaks. Is this tacho or non-tacho?

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The vans 3.5t and lorries 7.5t are both equipped with tachos, some drivers take their tacho/lunch breaks while doing installs so they can get home at a reasonable time, this is illegal and I wont do it, they also break the speed limit which I am not prepared to do, I am not afraid to bring stuff back but it makes me look bad because I am one of the few who work by the law / rules and therefore brings stuff back.

 

The management say we are within the 48 hour wtd limit and driving 3.5 and above and delivery drivers we are not allowed to opt out. despite the drivers being forced to opt out before I started working there, I have been trying to create a spreadsheet for the drivers to monitor their own working time but having problems, if anyone has a suitable spreadsheet it would be appreciated.

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on the driving it sounds to me like there is a derogation from EU to GB domestic rules

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208091/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb-and-europe.pdf

 

"This would apply to tradesmen such as electricians or builders carrying tools or materials for their own use"

 

I assume that is what the "installations" you speak of is most like.

 

So the relevant rule are the GB domestic ones

 

Because you install you are exempt from the duty limit, and your daily driving limit (pure driving) is 10 hours.

 

A standard 13 hour day is also perfectly legal because you are getting 11 hours off between shifts

 

Therefore I think your only legal redress is to opt back in to the 48 hour week. Before determining if it is worth doing that, hat were your average weekly ours, over the last 17 weeks?

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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Thanks for your help Emmzzi

 

We do work under gb domestic, we are very much a delivery company but occasionally we install washing machines and dishwashers, we have dedicated electric and gas cooker installers, they can fail a job or 2 to have a reasonable finish time, when I am just on the delivery runs we are expected to finish.

 

A 13 hour day is not reasonable overtime as far as I am concerned.

Also with their duty of care under the heath and safety at work act, increasing workload increases fatigue and stress related illnesses, rushing jobs to meet deadlines increases risk of error or accident when added to the fatigue element accidents are likely.

work-life balance, there is no life outside of work on a work day.

There has already been a road death of a member of the public that could possibly be attributed to rushing to get the job done.

 

I have been working on a spreadsheet that calculates the working time but struggling with the 17 week period.

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problem is, it doesn't matter what is reasonable in your opinion. the law say 11 hour rest period and you are getting it. you can't use that bit of the law; you need to work out the 17 week average. would your payslips help?

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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