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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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small claims for expenses appealing decision


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please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused.

 

My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys.

 

how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager.

 

She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses

Edited by honeybee13
Paras.
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I feel I rather rushed my first feed.

I am looking for a point of law to appeal the decision to dismiss the case on the grounds they did or if there is a way another claim can be made for the expenses which would either give access to the information required to submit the claim, or can waver the need for this information as both parties have agreed expenses can be claimed, with of course negotiation relating to the amount (an amount known to what would be the defendant of my claim as the information is on the work site)

please please if any one can help limited time to appeal

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After leaving work following a grievance meeting over non payment of expenses and bullying, the district manager of the company where I worked stated in a letter following my resignation that I could claim the expenses due.

 

I claimed the expenses the best way I could using a fair estimate, as I did not have access to the electronic office diary that help all travel information, and was when requested denied access to. I sent in the expense form supplied in the letter, enclosed all petrol receipts for the 18 month period and posted to relevant address.

 

I received a payment shortly after to which I thought was for my expenses, I knew it was less than I had claimed but I was just glad to close the door on the period so did not look into any further. I then received a letter saying they had overpaid wages, on further checking I realised that the payment was not my expenses, and quickly got into negotiations to pursue a claim again, but after several months of trying to resolve problem which just seemed to keep landing on other desks they issued a claim for the overpayment and I did a counter claim for the expenses outstanding.

 

The expenses claim was not disputed, the amount was discussed, direction was given for the defendants to produce an amount they felt represented the expenses, all the time at the hearing the only discussion and questioning was regarding the amount claimed, it was accepted to make a accurate claim access to the diary would be required and accepted this was refused, and at the hearing when asked if the court could grant access was told a bit late for that now, then after summary by their solicitor and the judge the case was dismissed on the grounds that expense claim had not been presented in the format the company requires, or on their claim form.

 

It just seems like there is something missing, because there claim was for overpayment of wages and I had had, the judgement went against me

Edited by honeybee13
Paras.
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