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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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job coach always ringing me at home


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every fortnight i sign on. but inbetween them times ,my coach rings me at random times asking how im getting on . im nearley 60 yrs old.and am getting sick of her ringing me.asking stupid questions 'about what ive been doing to find work. i told her as in nearley 60 it puts employers off she disagrees and says age as nothing to do with it. does any one else get harrased by there job coach.

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Is this a JCP employee or one from a Work Programme (or other scheme) provider ?

 

In either case, I'd be instructing them that telephone calls are unacceptable any any further communication should be in writing. Perhaps suggesting that cut backs in personal expenditure is required to fund increases in CTX/HB, so non-essential services such as telephones are likely to be axed.

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You could try getting the jobcentre to remove your number from their records, included is a sample letter that is also to dow with complaints that can be amended as required, be aware though they they may lie you are not doing what is required by removing your number or they may harass you on visits:

 

Dear District Manager?

 

Withdrawal of my consent for my telephone number being held on the Jobcentre LMS and JSAP computer systems.

 

I wish to make a complaint about the response I received on x in regarding my request to withdraw my consent.

 

The relevant legislation:

 

Availability for employment. Jobseekers Act 1995

 

(1) For the purposes of this Act, a person is available for employment if he is willing and able to take up immediately any employed earner’s employment

 

This means that, receiving emails and/or telephone calls from the Jobcentre does not provide proof of my availability for work.

 

The test is met, if, when offered a job (by an employer) the claimant is available and capable to accept employment immediately (for most people).

 

Employers are provided with my telephone number and email address as appropriate.

 

DWP FOI response 736 - 21st February 2014

 

“Thank you for your Freedom of Information request received 11 February 2014. In that

request, you asked:

 

Am I required to provide my phone number to the Job Centre / Work Programme

provider? By required I mean is it compulsory?

 

Providing a telephone number to the jobcentre or Work Programme Provider is not

mandatory. Therefore failure to do so is not sanctionable.”

 

Yours sincerely,

DWP Central FoI Team

 

The facts have not been present truthfully to me by x, which is in breach of the Civil Service Code:

 

resources.civilservice.gov.uk/wp-content...ervice-code-2010.pdf

 

The remedy:

 

1. An apology

2. An assurance that claimants will not be provided with inaccurate advice regarding this matter in future.

3. An assurance that my telephone number has been removed from the Jobcentre computers.

 

 

I look forward to a reply in line with your complaints policy.

 

Yours...

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it is my new job coach from the job center ,

i used to sign with different advisers,but now have been asigned with my own [edited].whom i see every time i sign on.

Edited by honeybee13
Pejorative term removed.
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I would also regard it as harassment, being called at home without pre-arrangement, or without it being included in my Jobseeker's Agreement that I must be available at any undefined time for what is technically a work search interview. It's like being on call. There is also the constant anxiety that repercussions could flow from missing one of those calls. There are some who may be terrified of leaving the house in case they missed a call.

 

There is a remedy for such harassment but it would take a degree of boldness to proceed with it.

 

Section 7(2) of The Protection From Harassment Act 1997 says:

 

7(2) References to harassing a person include alarming the person or causing the person distress.

 

Examples of harassment could include Jobcentre Plus advisers behaving in a manner that causes you to feel anxious, distressed, threatened or humiliated (say if you have guests when the adviser calls). More so if the tone used is intimidatory.

 

According to the Act, harassment is a criminal offence and can carry a prison sentence not exceeding 5 years.

 

The first step would be to write to your Jobcentre manager, giving the name of the perpetrator, examples of the offences and dates on which they occurred.

 

If the harassment does not stop the next step would be another letter but this time with a CEASE AND DESIST ORDER on a separate sheet of paper.

 

If there was any re-occurrence of the offence after issuing the ORDER you would have the right to call the police to attend and have the offender charged, or even arrested, on the spot. The police would be obliged by law to act on your call, the law quoted above says so. What a sight that would be, the whole job centre watching an adviser being frog-marched out of the place in cuffs.

 

For this to be effective it is necessary to name names in all complaint/grievance letters. Addressing such letters to the Secretary of State can be used as a cop-out for the actual perpetrators.

 

The procedure is to lodge the complaints in writing first, allow time to get the behaviour complained of to be moderated/changed. If no favourable result stems from initial complaint then hit them, and hit them hard with the Cease and Desist Order.

 

I have added a template for the initial letter here for consideration should you choose to use it: It would not be difficult to adapt the template to suit any other instance of harassment should anyone else have similar complaints against their advisers.

 

The Manager

[use Name if known]

[Job Centre Full Address]

 

Date:

Subject: Harassment

 

Dear Manager,

I hereby formally bring to your attention my objection to the methods used by your adviser [Adviser Name], who identifies herself to me as my Work Coach.

 

I would ordinarily be grateful for any constructive assistance in finding satisfactory and secure employment and constructive suggestions to enhance the prospect would be gratefully received and acted upon. However I find it difficult to accept that someone who does not know me can presume to expect me to be at her beck and call at any unspecified time outside of my pre-arranged appointments and outwith any commitment already agreed.

 

Her unsolicited calls do nothing to enhance any prospect I might have of obtaining employment, on the contrary they leave me feeling anxious, threatened and distressed. It is also humiliating when visitors or guests are in the house when she calls.

 

I regard her behaviour as harassment and a blatant breach of the Civil Service Code of Conduct and as such she should be disciplined accordingly and appropriately. Furthermore her action is in breach of Section 7(2) of The Protection From Harassment Act 1997:

 

7(2) References to harassing a person include alarming the person or causing the person distress.

 

and Article 8 of the European Convention on Human Rights:

 

Article 8 – Right to respect for private and family life

 

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

 

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Please be assured that unless you act on this, and with immediate effect, I am prepared to take the further steps that the law allows, up to and including having officers of the law attend on you at your offices with arrest warrants, if necessary, on charges of harassment, which, you will be aware, is a criminal offence under the Protection from Harassment Act 1997, and carries a sentence, if convicted, of up to 5 years.

 

Sincerely;

..........................................

 

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she normal phones every other week ,but some times more and one time at 5.30pm on fri evening while i was at the pub.

 

Well don't answer the phone.

 

Not sure fortnightly calls would be considered excessive

Please do not ask me for advice via PM as I will not reply.

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