Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 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
        • Like

Employment Tribunal Form wording- help please


Recommended Posts

Dear all,

I am currently filling in my ET1 form which needs to be done in next week - ahhhh the stress of it!!

My case is very long but involves disability discrimination - stress anxiety and bullying and migraines and constructive unfair dismissal (last straw) and breaches of contract and failure to follow grievance procedures etc etc

How do I word this on the form? - do I just say I was discriminated at each of the points I feel I was even though some are back in time although all part of same

Sorry for the lack of detail but too long to explain all.

Also ref teachers pay and failure to give a pay rise for five years even though in contract is a breach of contract but how would this be worded?

Thanks for any advice.

Link to post
Share on other sites

Hi there, if you feel your case is complicated you should try and get some professional advice on completing the ET1 - if you have legal cover with your house insurance give them a ring and they will put you in touch with a solicitor, the fees will be covered by your insurer.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Do not be misled into thinking this is a simple form and that you will be able to provide all the details later. The part which describes the nature of your claim needs to be completed in full detail (my understanding is that it is often attached as a separate document).

 

You will need to separately itemise each different type of claim you are making.

 

 

If you are bringing a breach of contract claim in there, you will have to explain what specific term of your contract has been breached (quote the specific clause).

 

It really is worth getting this right before you file, otherwise it will cause you a headache when the other side applies to have you struck out. Have a look at templates on the internet for this and try to seek advice.

 

Not the strict three-months-minus-one-day from the date of dismissal deadline to bring a claim. You've got to make sure you know what the deadlines are and do not miss them.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Hi there

 

Before you can submit a claim, you must now go through mandatory conciliation with ACAS. This does "pause" the limitation clock of three months, as long as you start the early conciliation process within those three months. You need an EC number to put on the claim form.

 

As above, for the purpose of the ET1, you should include details of all the claims you are intending to bring (and make sure you tick the right boxes!). You can submit a separate particulars of claim document if the ET1 isn't large enough. But you can't do that if you're intending to submit the claim online, so you would have to submit it by post or by hand.

 

As a lay person the tribunal won't expect your ET1 to be perfect - just word it as you have here and ensure you tick the right boxes and they will help you out a little along the way.

Link to post
Share on other sites

Thanks for all your good advice, it has been really helpful, and I will I think need to get some urgent legal advice about how to word it = already told have V good case by solicitor but due to changing House insurance companies problem with funds at moment and don;t want to pay out too much so prepared to do alone.

One very minor thing though that intrigues me but I have looked everywhere for and cannot find an answer is if senior manager sends an email and implies a misuse of public funds that is totally false and obviously just used to intimidate me - is this any breach at all - in context documented disabled due to stress anxiety and depression etc As I say minor in overall scheme..

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...