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    • Done! Thanks again. Will update the thread accordingly.
    • Thank you for your message.  I'm concerned that by complaining to the IPC, and escalating the situation, PCM would be even more inclined to cause problems for me and take action to the fullest extent just to make an example of me.  I can still take the above action as a backup plan if PCM decides to go ahead.
    • Mr BankFodder you are a top man.   I just received email below and finally they accepted fully refund   Good Afternoon,   Thank you for your recent email.   We are sorry to hear of your recent troubles, we would be happy to accept rejection of the vehicle.   The amount of the refund to yourself will be £7,099, this alongside settlement of the finance agreement will be paid in full and final settlement.    By accepting this refund you are confirming that no further claims shall be brought against Big Motoring World or any of its associates in respect of this matter.   In order to proceed with the refund we require the following from yourself:   - Your bank details (Account holders name – this must match the invoice name, sort code and account number)   The bank details can be provided via email.   The refund will be processed within 14 days.  
    • How do I transfer my number plate V750? Transfer by post Check the expiry date on your V750 or V778 to make sure it is still valid. Ensure that the registered keeper for the receiving vehicle matches the Grantee or Nominee name on the certificate. Complete relevant sections of your V750 or V778 document and sign it where instructed. https://www.gov.uk/personalised-vehicle-registration-numbers/renew-private-number-certificate  
    • i know...the anpr camera mustve triggered the computer to send out a parking charge as it probably detected no parking ticket paid. disgusting way of trying to extort money
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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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Advice on potential dismissal / General Employment


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Hi guys hopefully you can help me, briefly and to the point I'm having some concerns at work.

 

My main concern is that I'm doing a role which is additional to the one I am contracted to do. I'm contracted to improve business development chiefly through tendering, of which I'm achieving and there is documented evidence of. However, my MD has since delegated another role/responsibility which was previously another colleagues role/responsibility but he has said that my performance in this area is not good.

 

This is fine, everybody makes mistakes, but what he doesn't appreciate is that my main role takes a considerable amount of time and paying the same focus/attention to the new role/responsibility can be difficult.

 

With this in mind, he give me a telling off which I feel is his version of a formal verbal warning, but I received no written confirmation advising of that this was the case and no one else was present. So the questions I would welcome answers to are:

 

  • Can the "telling off" be considered a formal verbal warning and does a witness need to be present?
     
  • Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ?
     
  • Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point?
     

 

All answers/feelings on this would be much appreciated. Ohh I have been employed for 16 months now.

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  • Can the "telling off" be considered a formal verbal warning and does a witness need to be present?
     
    No - any formal warning should be preceded by a disciplinary hearing outlining the problem and giving you an opportunity to be accompanied. It should also result in written confirmation of any sanction or agreed next steps even if the warning was merely 'verbal'
     
  • Can I be dismissed on grounds of performance/capability for a role/responsibility I'm not meant to be doing (I've documented confirmation of this from a Director's email outlining individual staff roles/responsibilities) ?

    Yes - where you have accepted the additional responsibilities without highlighting concerns or formally agreeing what the employer's expectations are
     
  • Lastly and perhaps irreverent, my contract of employment/payslips is with a separate company within the group, of which the work I do is a different company within the same group. Is my employer breaching my contract or if worst came to the worst, could I argue this point?

    It wouldn't be a game-changer. For the same reason as above, if you have accepted the role, the employer and method of payment without complaint then there would be a tacit agreement
     

 

I have been employed for 16 months now.

 

And unfortunately therein lies your biggest problem and it comes down to whether you are willing to stick your head above the parapet in order to complain. Whilst there could be some 'breach of contract' issues here in terms of precisely what is your role and how 'fair' or otherwise is your employer's conduct, there is little to stop the employer dismissing with the vaguest of reasons until you have 24 months service

 

How easy do you feel it would be to seek an informal meeting to discuss areas of concern and for you to better understand what your employer's expectations are of you? I do not get the impression from your OP that you are disgruntled or particularly unhappy with the job itself - more concerned that you are performing an additional role which you are struggling with?

 

A clear the air session may allow both of you to highlight areas which need clarification - for the employer to indicate where your priorities should be and for you then to raise any concerns over what is and is not achievable and why. You could also ask for clarification of which part of the business you are actually working for.

 

That would be my first suggestion rather than looking beyond this being a shot across the bows as regards performance

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And unfortunately therein lies your biggest problem and it comes down to whether you are willing to stick your head above the parapet in order to complain. Whilst there could be some 'breach of contract' issues here in terms of precisely what is your role and how 'fair' or otherwise is your employer's conduct, there is little to stop the employer dismissing with the vaguest of reasons until you have 24 months service

 

How easy do you feel it would be to seek an informal meeting to discuss areas of concern and for you to better understand what your employer's expectations are of you? I do not get the impression from your OP that you are disgruntled or particularly unhappy with the job itself - more concerned that you are performing an additional role which you are struggling with?

 

A clear the air session may allow both of you to highlight areas which need clarification - for the employer to indicate where your priorities should be and for you then to raise any concerns over what is and is not achievable and why. You could also ask for clarification of which part of the business you are actually working for.

 

That would be my first suggestion rather than looking beyond this being a shot across the bows as regards performance

 

Thanks. The thing is I rather like the job I am "contracted" to do, whereas the additional responsibilities were forced on me, I was'nt asked but told. So far as I understand there is no documented evidence of me accepting the new responsibilities, I guess it was "landed on my desk". I did however verbally agree that the additional responsibility was fine on the condition that tenders remained my primary focus.

 

The MD agreed that they should be however I cannot mentally give the same focus on raising sales orders etc after I have been scrutinising mediums for contracts and spending days completing these. It is a little like asking a striker in football to play goal keeper, yes he can do it but its not what he is capable of doing.

 

Any further advice is greatly welcome, but I feel the important thing to gather from all this is the lack of documentation suggesting that the new additional role is one I am doing. If the worst came to it, will a court simply acknowledge the employers "word" as that is all it's been so far.

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all you can do is request a meeting to discuss the problems you are having with this new role and seek additional training/mentoring etc so your boss is aware that you are keen to do it properly and accept that you cant at present ut are willing to learn etc. When this is agreed ask that it is formalised so the performance can be measured or monitored by some suitable yardstick. This means that you will have something in writing and set objectives.

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