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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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Respondent’s representative conducting video hearing from outside the jurisdiction


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You as a member of the public are not expected to be researching the procedures that Courts have to follow.  It is for the Courts to ensure that they follow the legal procedures that apply to the Tribunal.

 

I would suggest that you issue a formal objection to the Courts Tribunal raising the issues that you have mentioned and to send a copy of the objection to the respondent.

 

As far as I know, UK Courts allow people from abroad to take part in proceedings, providing they sign up to complying with UK law/jurisdiction.  If they break the law, then you can take action in UK Courts.

 

If you do a Google search you will find information on this.  Below should help you narrow your search, but I think you should be cautious in trying to interpret the law and instead should object, asking for the Court to clarify the law that applies, plus what protections they will apply to ensure you are not disadvantaged.

 

 jurisdiction by Schedule 1, Rule 32 of the Employment Tribunal (Constitution And Rules of Procedure) Regulations 2013.

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You need to clarify this with Courts tribunal, as debating it online, will just be a debate. Procedures are sometimes complicated and by raising the issues with the Court, should enable them to check that they are following the correct process.   The Courts staff may not even know the answers to the questions you are raising and they will have to find out. 

 

Data is regularly processed outside of the UK on UK citizens.  Anyone working for a foreign owned company will have their HR information held abroad.  The fact that the respondent is taking part in the tribunal may be detrimental to their case, if they do not understand UK law and how we operate.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The other issue you need to be self aware of is how you are coming across to other people. If the employment tribunal case has anything to do with how you conduct yourself,  such as relationships with colleagues, if you come across as being unreasonable in your dealings with the Court, then the Judge might take this into account.

 

As Honeybee suggests, consult a Solicitors that specialises in employment law, if the Court is not going to respond to you.  They may just deal with your concerns at the beggining of the tribunal hearing, so both sides are given the information at the same time and can raise any further concerns.

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We could do with some help from you.

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