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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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Suspended and pregnant


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I do agree that you must consider the health of yourself and the baby first. Doing the right thing health-wise is more important than anything.

 

However, I do not think that anyone would view expecting the employer to halt proceedings for a year whilst you are on maternity leave as reasonable. It is therefore entirely possible that the employer may decide top go ahead without you, if not in four weeks, certainly before you are due to return from maternity leave. 

 

In terms of options, it's almost impossible to suggest what those are without knowing what it is alleged you have done, and what your explanation is. The seriousness of the matter, and the kind of work you do, are both important as to what the employer might, or must, do in terms of the outcomes. 

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Oh dear. You can ask, but this is a very serious matter, and I can envisage many employers being reluctant to postpone because they cannot ask you to do anything for six weeks after the birth, and realistically they may be anticipating you (a) not answering until the end of your maternity leave and/ or (b) you never returning.

 

I'm going to ask some questions here, but I'm asking the site team to agree a slight latitude to site rules. Nobody should give advice by PM and I won't. But I need to ask some questions that I would prefer are not answered on the site. Can the OP send the answers to me privately, but I will not advise off the site? I just need to check the "odds" of certain strategies. 

 

The questions are: and don't answer them here!

  • What kind of employer are we talking about here? I don't need to know who they are, just the type - e.g local government, private company, charity, civil service
  • How long is maternity leave - is it statutory pay or contractual, and what are the terms? 
  • Are you planning to return to work?
  • I'm assuming your aren't in a union?
  • What is your job? Is it a regulated or trusted role?

I think that's all I need to know for now. You need to wait to let someone from the site team agree they'll allow you to send this information off the site.

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Ok my dear. I've read what you've said, and I had sort of narrowed down some of the answers already - I was just guessing! But I'm good at guessing! 

 

Two things first.

I've asked Honeybee to edit some stuff in the thread that I'd prefer not to appear here.

Nobody needs to know it.

But it very obviously identifies you.

 

Second, there is a union.

You just haven't joined any of them!

Too late now but join a union, and I'm biased so I'd advise Unite. We have a lovely section devoted to your type of employers!!! They are very busy!!!

 

I'm going to assume you are innocent of the allegations, but at this stage it probably doesn't matter. You are not going back to that employer. If you want some "future career" advice, you can PM me at some future date - I don't think that contravenes the policy.

 

You need to urgently speak to your doctor. You will require a sick note that specifically says that you are unfit to attend any hearings, answer any questions or do anything relating to work or anything connected with it.

 

Preferably, under the box for additional information, the doctor should comment on the fact that the longstanding harassment and bullying by a former member of staff, combined with pressures placed on you by the employer are resulting in a danger to you and the baby. The tougher it is, the better. 

 

Then, and sorry, because I know your aren't well, you need to submit a grievance. You don't to go mad with details or evidence - it is never going to be heard!

 

Your grievance will outline failure to protect you from bullying and harassment, undue pressure to take part in legal proceedings, false allegations, failure to risk assess their actions against your extremely dangerous pregnancy, and absolutely anything else you can think of.  The more outrageous the better! Most of which are probably true.

 

You mention the words discrimination a lot. Preferably in every sentence. And in particular you need to mention several times that this is untrue and unsubstantiated unfair allegations made solely because you are pregnant, and they trying to get rid of you. Your are "allowed" to be as hysterical as you like, so the more the better.

 

Because you are pregnant and women always are (and I say that because I definitely don't believe it!); Because you really are very sick and so you can later blame it on hormones if you  need to; and because you need to scare the hell out of them. The latter won't be hard. 

 

By the way, you very certainly won't be appearing as a witness in anything for them anytime soon - or ever. Whatever hole they have got themselves into previously, they are digging another one now.

 

Your aim then to to forget it, sit back. It's called "light the blue touchpaper". You have a year to play with them. 

 

Every time they attempt to contact you you produce a fit note saying you are too sick, too stressed or whatever to take part in anything right now.

 

You make it absolutely clear this is discrimination, false allegations, harassment and bullying.

 

If they even think of asking your anything about the other employees tribunal, tell them to take a hike. Not your problem any more. They lost  the right to loyalty on that one. They aren't worth you, and you won't have a place to go back to after all this.

 

So you are aiming to scare the hell out of them, to get them to back off and give you space, and then you hit them with a demand for a settlement agreement which includes a confidentiality clause and a very very good reference.

 

By that time you'll probably need a solicitor. But that's a long time into the future. You need to try to put this away and concentrate on yourself. There isn't time to sort this in the next couple of weeks, so you need to park it and let them sweat. 

 

Do you understand? I don't know why you've been accused of these things. It makes no logical sense. If they were true, why on earth would you have highlighted wrong doing with the other member of staff.

 

I suspect that you, and probably others, are being  scapegoated by the employer because they have acted incompetantly in so many area of management as to question their right to manage. I see it often in this sector. But they are demanding you prove a negative.

 

You submitted receipts for expenses, but they claim you didn't. How do you prove you did when they have them!? And they've "disappeared"? How convenient.

 

The actual question is why they would have authorised payment without receipts and how on earth it supposedly took them so long to notice!?

 

I believe you are being set up. Your job is to have a healthy baby, then take them to the cleaners so they think they got off easy with the other employee!

 

 

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