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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
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    • 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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Wage overpaid whilst on SSP - no wages


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Good afternoon

 

Hope someone can help. I am new on here. Currently working for my current employer for nearly 4 years, been a good worker however I have been signed off for stress at work for 4 weeks now due to what I would view as bullying from my line manager. This is an ongoing issue that HR are well aware (and witnessed once) of and I am very anxious about returning to work and am actually considering leaving for another job.

 

Anyway last month I was off for 2 weeks of my monthly pay period backed up with sick notes and I'm 2 weeks into being off this month. Last month my wage was paid as normal. I assumed that this was normal policy and maybe because of being off with stress at work the ssp threshold did not apply to me.

 

Today I was meant to be paid, logged on to my bank and no wages but all my DDs are showing as taking me into an unauthorised overdraft. I spoke to HR and they said that the woman in charge or salaries is off but as I was overpaid last month, I should have been on SSP for 2 weeks they have paid me SSP this month but as I was overpaid it means I don't get a wage this month.

 

This wasn't communicated to me, its not that i want money for nothing but I now have a full month and rent bills etc to pay and no money. I do t even have the money to go to work and I'm not sure what to do.

 

Is there any agencies who can help me with some money until I'm back at work or would I be better leaving and making a claim for ESA whilst I'm off sick? Never been on benefits so I don't know what to do.

 

As I say if I've been paid too much it wasn't explained to me how for this month and potentially next month I won't get a wage.

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Sorry for your situation.

 

Does your company normally pay company sick pay or is it always SSP only during periods of sickness?

 

If the latter, then unfortunately th ecompany does have an absolute right to recover salary overpayments without any need to refer to you to advise you of this. It is not good practice - common courtesy at least should dictate that it would be appropriate to let you know the situation - however it is not unlawful. The principle is that as you already had the money you are effectively no worse than you would have been. This does of course pose the question that as you did have the full wage when you were expecting SSP (or even nothing if you were confused over threshholds) why would there be a problem here other than the matter of pure hardship due to having only SSP to rely on?

 

I think that you must certainly speak to your bank and explain the situation to see whether arrangements can be made to avoid charges, but you should also speak to your employer to see whether the overpayment can be recovered over a longer period. You need to have some means of looking after yourself - even basic living costs, but I am not sure that you would qualify for any state support in the short term - others with more knowledge of the benefits system would be better qualified to answer that.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thanks. Well after I posted this message I got three offers of interview from things I've been applying for over the last few weeks so decided to give my notice in if I get one of them and hopefully I can borrow some. All my savings have been put into a recent house move so my parents may oblige. As I say it's not a problem being paid ssp I just think it should have been explained to me that one month I'd be paid a full wage and the next month nothing! I'll survive for a month I have good friends and family and lots of food in the freezer I'm just a bit stressed with bills etc but I've been working since I left school at 16 and now 30 so my bank will see I've had no wage for the first time ever and hopefully give me some time to sort myself out.

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