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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
      • 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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Hi, this is in relationship to my daughter

 

 

she has the following wording in her contract "Your hours of work will be 26 hours per week. you hours of work are flexible, as required to meet the needs of the business. your hours will be varied and allocated on a weekly rota in advance"

 

 

my question is;

 

 

she is constantly being made to work above and beyond 26 hours, basically is her employer allowed to continually do this, some weeks she may work 36 hours.

 

 

many thanks in advance for any help

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If you can prove over a 13 week period she consistently works more than 26 hours then you need to contact the HR department and get them to amend the contract.

 

It also may trigger an adverse reaction from the company so be careful.

 

Sadly SG this would only rely on the employer accepting the 'request' to change the contract - there is no automatic right, and in the current environment, most employers would be extremely reluctant to formalise a contract giving more hours than are contracted.

 

In essence, the OP's daughter has a contract giving a guaranteed 26 hours a week, but with regular overtime. Whether any regular time worked over and above the contracted hours can ever be considered a change in contract can only be for an Employment Tribunal to determine. There is no fixed period (let alone 13 weeks) after which an employee can force an issue of 'Custom & Practice' to get the core contract changed. An ET would look at many factors, such as mutuality of obligation, how the overtime is shown on the wageslip etc in coming to a decision. Are the hours rota'd or is there a 'request' for the employee to work overtime? Would there be any sanction were the employee to refuse extra hours? Is an enhanced rate of pay applicable, or are there any extra benefits given for any of the overtime worked?

 

Custom and Practice is very hard to prove - there is good recent case law coming through around the subject of holiday pay or commission being based on hours worked, but in terms of forcing a change to contract based on regular overtime, it is incredibly difficult

 

What is certainly true is that trying to get an employer to guarantee increased hours through a change in contract might well remind them that they need to look closely at the relationship and cut back on the regular overtime, so it is sometimes better to not be too demanding - and especially when the employee has less than the required two years service to issue a claim for Unfair Dismissal should the employer decide that an employee's face no longer fits

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

 

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the problem is, she is mother of a 18month old, she doesn't really want to work beyond her contracted 26 hours, but keep giving her many more

 

Then this comes back to the issue of 'mutuality'. What would be the situation if the extra hours were refused? What is the precise wording of the contract? Does it state that 'any' overtime requested 'must' be worked, or that 'reasonable' additional hours must be worked due to the changing needs of the business? In that case, what is 'reasonable'?

 

Has your daughter (based on exactly what is in the contract), tried refusing to work some or all of the hours above her contract?

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

 

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she hasn't directly refused to work the extra hours but has made it clear that she isn't happy and doesn't really want to work above her 26 hours. I suggested I would seek advice here first before she does anything incorrectly. She is quite adamant that she on wants to work the contracted 26 hours.

 

 

this is the wording in her contract

 

 

"Your hours of work will be 26 hours per week. you hours of work are flexible, as required to meet the needs of the business. your hours will be varied and allocated on a weekly rota in advance"

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