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    • Recently I found some buried treasure in the form of a mysterious silver coin - although the most valuable thing about it turned out to be its history.View the full article
    • Another one. Top Tory placed dozens of bets on the election date. It looks as if he kept them under £100, thinking they wouldn't be investigated, but the Gambling Commission is looking at potential winnings as well as the size of the bet. How many more are there? https://archive.ph/StZqL
    • The rare item is unique due to a misspelling of legendary musician Paul McCartney's name.View the full article
    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
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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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Breach of contract


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Hi All,

 

I really would appreciate any help/advice regarding this matter.

 

I worked as a contractor for this coy delivering orders for a retailer.

 

Signed contract stipulated among others; 1) £8/hr and 2) one week notice upon termination of contract by either party. I started when I was desperately in need of job, after working first week they paid only min wage, and some months down the line £7/hr, and some weeks back they terminated contract without notice. They're in breach of said contract.

 

They're also owing me final wages because I've not returned company property.

 

When I started they gave a contract to sign but didn't give me a copy to keep. I only know of said breach after I sent letter threatening court action and insisting they sent me a copy of signed contract.

 

Any suggestion would be welcome. Thanks

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First and foremost, return whatever company owned property you still have, you dont want to risk being charged with theft.

 

Secondly, calculate what you think are owed in unpaid/underpaid wages, loss of pay in lieu of notice etc and draft a letter asking for payment.

 

The remaining process would then be LBA and small claims issue.

 

Can you also clarify why your contract was terminated, if you were given a reason?

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Following on from my post #4.

 

The contract requires you to provide an invoice, have you done this? this would be your preliminary request for payment.

 

If you have, it should have been paid within 7 days according to your contract.

 

Although either party can terminate upon written notice of 1 week, it appears to be a 0 hrs contract so i'm not certain that you would be due any payment in lieu of notice, someone more knowledgeable will soon be along to add further advice.

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  • 3 months later...

Guys,

 

I need advice asap re: this thread? This company haven't paid me and recently don't reply to my letters (LBA, etc). I don't know if I can still take them to court because today I receive an email from board of directors stating that they're going into Liquidation.

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Dear All

 

 

I write to advise that on 18 March 2016 the Board made the decision to take steps to place the Company into Liquidation.

 

 

A meeting of the Company's creditors has been convened for 7 April 2016, which is due to be held in Euston, London.

 

 

The position regarding the Company's assets and liabilities is currently unclear and more information will follow at the meeting, on 7. April 2016.

 

 

Written communication will be sent to you all creditors of the company this week. This will be sent by email or post depending on the contact details the Company holds for you.

 

 

Kind regards

 

 

The Board of Directors

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Hi All,

 

I'm re-posting this thread because the company in default stopped replying my letter and, just yesterday they wrote me that they're going into LIQUIDATION.

 

 

I really would appreciate any help/advice regarding this matter in light of recent development.

 

I worked as a contractor for this coy delivering orders to retailers.

 

Signed contract stipulated among others; 1) £8/hr and 2) one week notice upon termination of contract by either party. I started when I was desperately in need of job, after working first week they paid only min wage, and some months down the line £7/hr, and some weeks back they terminated contract without notice. They're in breach of said contract.

 

If I sue them for Breach of Contract, unpaid wages, will I be awarded compensation for Breach of Contract? And if yes, who and what determines the amount for breach of contract, is it stipulated amount??

 

I returned all company equipment but, they're still owing me final wages.

 

When I started they issued me a contract to sign but didn't give me a copy to keep. I only know of said breach after I sent letter threatening court action and insisting they sent me a copy of signed contract.

 

Thank you very much for your time.

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Hi rennai,

Please keep to the one thread for posting updates, will merge the threads to avoid confusion

 

Martin

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2 threads on the same issue, merged as requested.

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Thankyou CB

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Ok rennai, how i see things is this, you will be wasting your time and money going to court, even if you won there will be no company funds to pay you.

 

If you have your invoice totals i would suggest you now get in touch with whoever the insolvency practitioner is and lodge a claim as a creditor.

 

Regards

 

Martin

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Ok rennai, how i see things is this, you will be wasting your time and money going to court, even if you won there will be no company funds to pay you.

 

If you have your invoice totals i would suggest you now get in touch with whoever the insolvency practitioner is and lodge a claim as a creditor.

 

Regards

 

Martin

 

 

Thanks for your tip Martin. From their letter of notice for liquidation, do you think I'm supposed to attend the meeting they said is for creditors? I haven't been invited though.

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Yes but you wont be invited to attend if they dont know your a creditor, get your claim in with the liquidator

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Yes but you wont be invited to attend if they dont know your a creditor, get your claim in with the liquidator

 

 

thanks martin2006

 

A liquidator hasn't been appointed yet, I checked with company house, said coy is still active.....it seems they've just decision to go bust or are in the process of liquidating. I just resubmitted invoice to managing director. no response yet. meanwhile the meeting of creditors is scheduled for 7th April 16

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Just make sure your listed as a creditor prior to the meeting

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Contact the company and ask who the insolvency practitioners are:

 

Then contact the IP, alternatively, these details are usually in the local press when a company goes bust but it would be a better idea to get in touch yourself

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any suggestion on how I can make sure I'm listed as a creditor?

 

https://www.icaew.com/~/media/corporate/files/technical/insolvency/publications/about%20insolvency.ashx

 

Page 6.

 

Andy

We could do with some help from you.

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  • 1 month later...

Thanks martin2006. Update: I was listed as a creditor, invited for meetings. Liquidator now appointed. I hope I get any money from what I'm owed.

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