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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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Can 21 yr old son claim JSA


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Hi, my son is 21 & has been working since leaving college since last year. He is hearing impaired & wears hearing aids.

 

Access to work sent someone out to his work at the begining to recommend & pay quite a large sum of money for equipment he needed to be able to use the phones there. The equipment has spent the last year occasionally breaking down, during that time the company sent him home on paid leave until it eventually comes back from the manufacturer with a note of not being faulty, but it would work again then for a few weeks.

 

His employer paid for the company that made the equipment to come out & check things out recently & they can't figure out why the equipment just randomly stops working.

 

So we are now at the end of the road. His employer doesn't have any other work he can do, that doesn't involve using the phones.

 

It's unreal that a 21 yr old with A levels coming out his ears (pardon the pun) can't even keep the sort of job he has been in.

 

Quite upsetting for him as none of it is his fault. But his employer has actually been very good really.

He is once again on paid leave with the latest equipment failure, until an audiology appointment next week, although they aren't too familiar with the equipment anyway, so it won't make any difference. He has been using the time to frantically try & find a different job knowing that time is running out!

His employer has now emailed & asked him to go in tomorrow for a meeting. There is no solution for the equipment, so it's likely they will be letting him go.

 

What I am wanting to know is if he gets sacked, can he claim something like JSA?

Or is there anything else anyone can think of. As soon as he started working he took on a phone contract, so does have payment commitments.

 

I am self employed & literally just about get by, we'll struggle but until he manages to find something else, I wouldn't be able to afford his 40 a month contract phone.

Edited by honeybee13
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Assuming he has no significant savings and is single, he can claim income based JSA, or Universal Credit if it applies in your area. If he lives at home he can't claim anything toward his 'rent'.

RMW

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No that's fine. Oh that's good to know he should be able to claim something for the time being then. That was what worried me. Apparently people that get sacked can sometimes have a problem claiming JSA.

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Apparently people that get sacked can sometimes have a problem claiming JSA.

 

Benefits can be subject to a sanction if the dismissal was for misconduct. But in the case of your son, his contract is being terminated due to the employer being able to accommodate his disability despite making efforts to. This should not cause any problems when putting a claim in for JSA/UC (there may be a short delay if the DWP have any queries).

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If he was leaving voluntarily or had been dismissed for some sort of misconduct he might have a problem, but that doesn't appear to be the case here.

 

Although he will be asked the reason why he left his last job, each case is considered on its merits. As it stands, he doesn't actually want to leave, is attending work whenever there actually is work for him to do (when the equipment works) and has a somewhat sympathetic employer who has done as much as possible to accomodate his needs. Your son has done everything required of him. I would think he'll be OK. He should be prepared to give as detailed an explanation as possible if he's asked to by the DWP.

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Perhaps the employer would give your son a letter saying why he's been dismissed for him to hand in to DWP at his first interview - it may save time as they will undoubtedly want confirmation of what he tells them.

 

 

Take a copy before handing it over, things do go missing at DWP.

RMW

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