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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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Offered voluntary redundancy whilst on furlough: advice needed!


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12 minutes ago, Tactful said:

 

 

1. In setting out the terms for the proposal for voluntary redundancy, the letter says that whilst I will be paid at 100% for my outstanding holidays, I will only be paid at the 80% furlough figure for the 3 months of my notice period. Is this right? 

 

2. The letter says that I am not allowed to discuss the contents of the letter with any other employee, aside from the managing director? Is this a normal inclusion? I would like to be able to discuss this with my head of department, who is my immediate manager, but the letter doesn't allow for this unfortunately!

 

3. The letter says that I need to let them know if I accept the proposed voluntary redundancy before 4:00 on Friday next week (the 26th). Given that I'd received the email at 6:00 today, that basically only gives me 4 working days to take advice on this and to consider my position. is there any form of minimum period that would be required as this seems like an awfully short period of time for consideration?

 

4. The letter doesn't mention at all what my position would be if I did not accept the offer and was eventually made redundant, shouldn't that be included?

 

 

1. Bit iffy, but there is zero case law here to rely on. It's poor spirited but probably not illegal. My in house lawyers can't be sure either way.

2. How many employees are being laid off? If over 20, collective consultation should be going on. 

3. Sounds like the £300 is to explain a settlement agreement. So the deadline of next week will just be to get that issued I think, then a further period where you have a solicitor explain it. For £300 they won't negotiate for you, So if you'd take it if it was say 100% pay during notice, now is the time to say that. Of real value is getting an agreed reference. Minimum periods depend on how many people are involved but this is VR, nor compulsory. So both parties can agree a deadline between them.

4. I would assume stat. redundancy; holiday pay (which they'll make you take during furlough..) notice period and with your length of service a max of about £538, plus no agreed reference.

 

Good questions to ask

- how many people are impacted, how many jobs to be lost from how many people?

- what alternatives to redundancy have been considered?

- what's the selection criteria - right now it may be "who has put their hand up"?

- if over 20 people, who are the employee reps?

 

Em

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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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Ask. Shy bairns get nowt! They will probably agree; a few hundred more to not have go go down the mandatory route makes their life a little easier.  If not, well, you tried and don't need to wonder what if.

 

They also want you to agree while the government is paying most of your notice pay. Stalling into another month hurts their wallet.

Edited by Emmzzi
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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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