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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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Hey ,

I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed that wrongful dismissal is more inline with my claim.

 

So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for?

 

What can i do

 

 

Carl

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Hey ,

I have put in an ET1 and i ticked unfair dismissal /constructive , i thought this covered most of the things i was claiming but I have recently been informed out that wrongful dismissal is more inline with my claim.

 

So does the unfair/constructive dismissal box include wrongful dismissal or is that completely different. there was not a box for that ? or am i done for?

 

What can i do

 

 

Carl

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Was it constructive dismissal, did you resign.

 

All is not lost as the respondent will probably ask for further details and a CMD.

 

You will get another chance to put it right.

 

Have you decided which section of the act covers your situation, this is probably more important.

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I did not resign. But they was in breach of contract . as far as i know i cant claim breach of contract through unfair dissmisal.. So by ticking contructive/unfair box .. this does not include wrongful? that is the only thing i dont understand there was no box for wrongful.

 

There was no CMD its gone straight to final hearing!

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I really think if you are having trouble at this stage, then you need someone to help, it gets harder.

 

As I said have you decided which section of the act applies. You have to demonstrate what law has been broken, the judge does not do this for you. The other side will challenge your allegation in their defence(et3)

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I would have thought so and if as you say that is the only choice, then what else can you do.

 

As the regulars read I'm sure they are going to ask you more details as it's hard to give advice by drip feed ( that is not meant to sound rude or hostile )

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I would have thought so and if as you say that is the only choice, then what else can you do.

 

 

 

well i don't know if u are familiar with an et1 but there is box u can tick for "other".

 

So Unfair/Constructive box was ticked . and i need it confirmed if that includes wrongful . how can i get that?

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Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

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Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

 

What do you mean "always".....this is surely your first thread here?

 

Or is it?

 

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Dont know why people on here always want all the info . I am simply asking is wrongful dismissal included in constructive/unfair dismissal on the ET1 or did should i of ticked (e) for other . not much more else.IF you don't know don't comment or have the reason to give up.

 

thanks

 

Carl

 

because any of us feel we have a duty of care to those we try and advise, and want to give proper help.

 

If your friend asks "can you cut your leg off with a carving knife?".. well, I'd want more information, because the question they are asking might not be the right one to get the help they need.

 

Plus, you can google the answer to your question.

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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