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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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If this has been officially authorised then I would have thought that a written contract has been made at some point. You should have a copy of this... or perhaps those that came in to the unit will have some sort of written record of this. You have to be open among your collegues and discuss this.

 

It is entirely possible that there has been a 'cull' of your personnel files to remove any such record but as I say one of you must have some sort of paperwork on it. Surely this is highlighted on payslips??????

 

If it has been paid for such a long period of time then and no official record was made of it then you will have to rely on a historic implied terms and condition to your contracts.

 

ANY change to working conditions MUST be discussed with those involved either personally or through a Union rep (and that does NOT mean the local rep who is probably not qualified to do so and 'in the pay' of the hospital) Get on to Union Regional HQ and get this issue discussed on a formal level ..... that is why they are there and why you pay your dues. These things must be done in writing and full disclosure followed.

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I am not quite clear as to why there is a difference between the enhanced rates after 8pm (night duty enhancement) and the 1 am to 8 am rate ? Why is it 'sleep time'? Is there a further enhancement after this time ie 1am? I am supposing that this only gets paid if an operation goes past 1am ie a time you should be off duty and at home asleep. Can you try and clarify this.

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It seems to me then that you have a good case. Even if there is no paperwork anywhere from any of the staff or the employer, then custom and practice dictates that they have paid you for the benefit of calling you should they need you, you are not free to do what you want, if you refused they would discipline you. The manager is probably trying to make savings and that is an easy target.

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