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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 
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    • 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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Probationary Period - Should it be in contract?


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Today I was called into the "office" at work by my regional manager, he had a go at me about not filling the "quick quote" forms out properly ( no one in the whole business fills these in properly .. including my store manager)

He told me If I did not start to fill them out properly and if I didn't sort out my sales ( I am on £3,500 for the month ... my store manager is on £6,500) (Last month I was on £15,000 the month before £10,000 so its not as if I don't sell)the he will end my probationary period and I will have no job. I have had a look over my contract and no where in it does it state I am on a probationary period, when I started I was told I only had a 3 month contract (which should of ended 18/02/14) Yesterday I was told I was actually taken on as a 12 month contract (again it does not state this in my contract)

 

So before I start questioning my Manager, Regional Manager and the company in general I thought I would get my facts right first

 

Should my contract state how long it is for ?

Should it state if I am on a probationary period, and how long this is for?

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the contract should state how long it is for; probationary period is a red herring, they can let you go for any non discriminatory reason in the first 2 years.

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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The majority of my contract it says - Refer to the Employee handbook supplied with this contract, I was never given one.

It does not state contract length, probationary period. It also states that I get 30 minutes unpaid break ... I am hardly ever allowed to take this, today I could not ever make a brew (terrible caffeine headache followed)

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A lot of employers have what they call a probationary period but legally it is pretty meaningless. Probationary periods cannot be used to reduce your statutory rights.

 

If you have worked there for more than one month, you have a right to one week's notice but can otherwise be dismissed for any reason, with a few exceptions for things like claiming the minimum wage and discrimination. But you only get the right not to be unfairly dismissed after 2 years.

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