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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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Precluded from proceeding to tribunal by actions of Trade Union


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I have experienced whereby the actions of my workplace union have precluded me from being able to proceed to Employment Tribunal.

 

Consequently, I am left with only the option of filing a personal injury claim against my employer, which the union will not take forward on my behalf.

 

The union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error.

 

Can anyone recommend the services of a competent legal firm with whom they've had success in this area?

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I have recently discovered that the actions of my workplace trade union have precluded me from proceeding to Employment Tribunal through an effective 'time-out' of the 3 month statutory time limit associated with such claims.

 

Unless I am mistaken, I have no right of appeal or means or recourse, other than to pursue a claim against my employer for personal injury and the union in question for negligence - the union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error, but refuse to take matters forward on my behalf.

 

Having performed a Google search of personal injury solicitors/legal firms (no win, no fee) practicing in this area, there are myriad options - can anyone recommend a good place to start?

 

Thanks in advance.

 

Poorly Treated.

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I'm sorry that you've paid for the privilege to have such a wonderful service.

 

My personal experience of dealing with Unison is that they will delay and lie until the cow's come home.

 

I found a law centre in Govan very helpful on advice, even though they were 50 miles from me, check and see if there's anything similar near to you.

 

Don't forget that they will try and wear you down.

 

Only you can decide how and why you fight this, whatever your decision maybe, you will hopefully find help and support here.

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the Solicitors Regulation Authority have a " find a solicitor" service that will match you with a local firm that specialises in the type of claim you want to take.

 

I hope that your case for personal injury is separate from the union matter in your own mind

 

as lay reps are just that and suing for bad advice or inaction will almost always fail unless there are other factors.

 

An ET is not really the place for personal injury anyway and

 

you have 6 years from the date of the event that is the subject of an action to start proceedings in the county court so plenty of time there.

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I don't know the facts of your case and when you discovered this error but the fact that you were given wrong advice doesn't stop you from taking the case to the Employment Tribunal.

 

You just have to prove that it wasn't Reasonable Practicable for you to have brought it in time.

 

See Remploy Ltd v Brain UKEAT/0465/10/CEA

 

Also, see El Kholy v Rentokil Initial Facilities Services (UK) Ltd UKEAT/0472/12/LA

 

You have little grounds when the person is a lay representative.

 

In order words, you didn't "pay" for his advice.

 

I know you paid your membership dues but that isn't the same as paying for legal advice.

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There have been professional negligence claims brought because the solicitor/representative failed to issue a claim in time.

 

In order to succeed, you would have to prove that the union owed you a duty of care. You would also have to prove that you would have won damages had you filed a claim. This can be very difficult, as not many claims are black-and-white.

 

If you want to proceed you can speak to a law firm which takes on professional negligence cases, but it would only be worth pursuing if your case was worth a lot of money.

 

Out of interest, what is the nature of your employment claim? The employment tribunals do not have jurisdiction over personal injury claims.

 

I assume you have explored the option of applying for a time extension and have concluded that this is not a viable option?

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