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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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Disappearing Holiday Entitlement - Employers Stating I've Taken More Than I Actually Have


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Hi

 

I work for a small business which has no HR department. It's a combination of the administration manager and the finance department who deal with any HR related matters.

 

I'm leaving the company and have asked for a note of my remaining holiday entitlement. They are saying I have no remaining annual leave as I've taken it all. I haven't. I've only taken 5 days. They say I've taken 16 days (I wish). I can prove that I was in the office on the days they say I was on annual leave but it's a proving to be a battle. When I first handed in my notice I was told I had quite a bit of remaining leave. As soon as I say I want to use some of it, it disappears. Can they take away holiday entitlement? What are my rights as an employee if they refuse to correct their records?

 

The holiday year starts on the 1st April, I'm leaving in October.

 

This has happen before but with sick leave. I was reprimanded for taking too much sick leave after being off for 3 days with the flu. When I asked to see my sickness record they had me off for 8 days. Again I could prove I was in the office on the additional 5 days. They only corrected their records when I threaten to get the union involved. I don't want to do this again, I want to leave peacefully. It's a great company to work for, it's just a shame that the HR side is in a shambles.

 

I'm the only person who carries out the type of work I do. It does create problems when I'm not in the office. Holiday requests are a chore and when I do finally get a holiday my line manager is constantly on the phone and e-mail asking me to do work. Booked holidays are cancelled at the very last minute. Same with sickness. Those 3 days I took off, they were constantly checking on me each day. Even when I was sat in the doctor's reception - every 10 minutes, "have you seen the doctor yet?"!! My theory is the additional sick leave was a ploy to ensure I didn't take anymore sick leave in the fear I would lose my job. Needless to say, this disappearing holiday entitlement does not come as a surprise.

 

Thanks

 

B

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how is the holiday recorded and by whom? Your records should match with theirs and if they say you were on holiday on such and such dates then it will be easy to prove that you werent.

What I would do is calculate your holiday entitlement from April to your leaving date, subtract the 5 days you took and then send them a demand for the holiday pay after you have left if there is a discrepancy in you final pay. If they agree that you are owed holiday take it at the end of your notice and that way you get the leave you are entitled to. If they dont you will need to send a lba and tell them that you are entitled to x hours pay for leave that was not taken ad they should pay this within the next calendar month or you will issue court proceedings to recover the money and any additional costs incurred.

your inclusion of sick leave in this thread is a red herring, do not even think of using that in any discussion or argument about holiday pay

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Thanks ericsbrother

 

The holiday is recorded by the finance officer and the admin manager on an excel spreadsheet. Holiday approvals are via e-mail, which I keep therefore would be quite easy to match up. The finance officer, whose main responsibility this is, is on long term leave, so there is a strong possibility the admin manager has made a mistake. It's the latter that is adamant that the figure they have quoted is correct. The finance officer is usually quite reasonable and hopefully will return prior to my last day with the company.

 

I've taken your point on board with regards to the sick leave and can see that this is irrelevant to the holiday pay/leave. I included it as an example of how they've 'misrecorded' my leave in the past and how it's been very difficult to get them to admit to their mistakes. Following your advice I won't be raising this with them in my holiday discussion.

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While it may seem like a great company, it really sounds like theyre fiddling the books. Especially since you say they have prior history doing the same thing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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