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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
      • 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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WP signing up to actions/directions without your agreement?


slargfish

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Hi there,

 

I've been on the Work Program for about a month, they're useless, but it's something I can put up with. For reference I only claim standard JSA.

 

But that said, I've been sent (via post) of an action that I never actually made any formal agreement to. So I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it?

 

And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future?

 

Cheers

-slargfish

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I wonder, are WP providers legally able to make applications to anything (job fairs, training courses, or even actual jobs) without discussing them with you and without you agreeing to it?

Unless you can show that what is being asked of you is unreasonable, then yes they can mandate you to carry out such tasks, obviously if you do not agree then they cannot force you to do anything but it comes at a cost in the form of a benefit sanction.

 

And what would be the best course of action to challenge (or prevent) any of these that possibly come up in the future?

 

By following the complaints procedure else go out in a blaze of glory.

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Unless you can show that what is being asked of you is unreasonable, then yes they can mandate you to carry out such tasks, obviously if you do not agree then they cannot force you to do anything but it comes at a cost in the form of a benefit sanction.

I consider it unreasonable that they can make an application for you period, at least without discussing it with you, and offer no information as to what's going to happen at the appointment.

 

Though for now, I'll just put up with it. Then discuss it with my JCP adviser, who's strangely enough an understanding guy. He gets it that certain things that are normal for some positions, are entirely useless for me given the fields I'm qualified for and doesn't ask me to enquire about them nor does he look any himself. I'll also have to bring it up with the WP providers themselves.

 

We'll see what happens.

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You have to take the job application or interview at face value. You can't say 'I'm a rocket scientist' and will not consider any other work. There is no reason why you can't take that job in a pasty shop until such time as there is a vacancy for your field.

You could, however, refuse say a linesman with BT or an electrical company that would have you climbing poles and towers if you suffered for Acrophobia or vertigo and it would be unreasonable to expect you to.

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