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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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what action can my employer take?


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Just under 2 years

 

You will no doubt appreciate that with less than two years service you have only limited protection - so long as it is not for a 'protected characteristic' - and I see none here - the employer could dismiss with little comeback. I think this may be unlikely though, but it is very important that you go into any meeting very well prepared.

 

The childcare issues are very important and you need to be very honest that whilst it should not be causing a problem, there have been occasions where these have caused some degree of lateness. You need to seek a way around these, either by making an alternative provision where possible or by looking at a more formal change of start time - a flexible working request perhaps?

 

Similarly, the issue over absence when your child was ill needs to be disclosed and you should emphasise your state of mind, not only over the illness itself and the obvious worry there, but also that you needed treatment yourself.

 

With regard to leaving early, it is little use saying that 'everybody does it' unless you can give examples. Who else does it? How often? Who agreed that they did not have a problem with the odd 10 minutes here and there? This may not make you popular with colleagues as it may well be monitored and clamped down on. Although the employer may take this into account, the fact is that you have been singled out so it is you that needs to explain your actions, not others their actions at this stage. You need to make the case that as a relative newcomer, you were led to believe that it was accepted practice, rather than it appearing that you were simply taking time off to which you were not entitled.

 

So - a bit of a mix of apology and explanation is required. Hopefully your work itself is such that you can emphasise your value to the employer and that a lesson will have been learned if they permit you to stay.

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Yes - in my opinion it is always positive to demonstrate that you have made an effort to address the problem where there clearly is something that was wrong in the employer's eyes.

 

Similarly whenever hearing disciplinary meetings I was always impressed by an employee who apologised for there being a need to hold a meeting. One chap made a point of asking to speak as soon as the meeting started to read a statement. It went along the lines of 'before we start I would just like to say that I am embarrassed to find myself here today and for taking up your valuable time. I have always considered myself a good employee and sincerely hope that you permit me to remain so once this meeting is concluded'

 

they have always been considerate in the past, and my record is good

[/Quote]

 

That is a good point to emphasise.

 

Sometimes it doesn't pay to argue, but to explain and ask for help in overcoming what can be overcome, whilst promising faithfully to correct behaviour which is clearly wrong.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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