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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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Employment tribunal


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By the way, what race is your friend

 

There is a stereotype that there is a prevalence of teenage and/or underage pregnancy amongst certain races

 

If your friend is from one of those races then that is clear case of racial discrimination

 

 

Like white girls on council estates?

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Like someone from the Traveller community

 

Like black girls on council estate

 

 

So not related to a specific ethnicity at all - just housing choice and wealth, neither of which are protected characteristics.

 

 

I'm all for fighting against dsicrimination, but at this point with the info we have, that's just inventing it.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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But there is a differnce between generl discrimination, and the legal definition of discrimination.

 

Which is why you need a lawyer.

Don't get sucked into relying on case law which it's easy to misinterpret or apply incorrectly.

Get a lawyer, or don't even start on this course.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hanif Mohammed T/A Mohammed & Co Solicitors v Jackson UKEAT/0370/12/SM - The claimant worked at a solicitors firm when she became pregnant. She had a termination and was off work for a few weeks suffering from the physical and psychological effects of the termination and the stress at work.

 

 

 

Thompson v London Central Bus Company Ltd UKEAT/0108/15/DM - His claim of victimisation "on an associative basis" was struck out at the ET.

 

 

Woodhouse v West North West Homes Leeds Ltd UKEAT/0007/12/SM - The tribunal held that the employee's case was "on all fours" with Martin (above) and upheld his victimisation claim. The EAT overturned the tribunal's decision, (ie he lost!)

 

 

 

I believe case laws are best as they give insight into the minds of the judges

 

 

I beleive they show in a majority of cases the claimant loses. Got any better cases, more relevant to the situation here?

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Woodhouse v West North West Homes Leeds Ltd is the case law in support of that law

 

 

 

 

 

Overturned at appeal. Thus not helpful to the OP.

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My job is just to point you in the direction of relevant case laws

 

 

 

1) it’s not your job, it’s your hobby

2) has the OPs friend put in SEVEN ET claims and TEN grievances? Because that is what the case you are quoting is about. And do they also fancy the stress of months and months in court?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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My very best advice is not to quote case law you don't have a full understanding of because the judge will see it as timewasting.

 

Stick to the known facts. Keep it simple and focused. Don't ramble. Don't use law you are not sure of.

 

Because suggesting your case is just like case X when it is not, is just handing ammunition to opposing counsel to get it struck out at first read, with no hearing at all. Opposing counsel love to make you look stupid. Quoting incorrect facts is like loading their gun.

 

Stick to the knitting, There has been harassment. The internal processes have been followed by your friend in the hope of attaining justice and a good working relationship going forward. You believe the outcome to be unfair.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Good advice, will take it to heart, thank you

 

I hope you do get a no win no fee offer because that's usually a decent sign you may have a case. Keep us posted!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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There is no right to be acompanied to an investigatory interview; only the disciplinary itself.

 

There is no right to reduced hours.

 

There is no right to know if peers have been disciplined - it’s private!

 

There seem to be things you think are unfair, which may be so, but that does not make them illegal or unlawful.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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