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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
      • 162 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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Hi,

 

I was recently called into my boss's office and told that a verbal complaint had been made against me from a female colleague stating that I had been evesdropping and following her, I am her boss but have certainly not done these things, I feel really depressed over the whole situation even though they are not true, it is still making me feel physically sick and am trying to avoid any contact with her. I feel that she may still make it official which will cause me even more undue distress.

 

What can I do?

 

Thanx

 

Matt

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the problem with this sort of harassment is that its difficult to prove or disprove, which is why it is often used as a weapon by female employees against their male counterparts.

 

All too often, bosses are too willing to believe the stories of some "sweet and innocent" female employee, so you need to nip this one in the bud now.

 

Firstly, can you think of ANYTHING that may be the cause of this, have you given this staff member a telling off or a warning recently?, for any reason?.

 

Secondly, what did your boss offer as way of proof?, and what did you say in response?.

 

Thirdly, when she says "following her around" and "eavesdropping", how is this meant?, are you supposedly following her into the toilets or listening in on her perosnal phone calls or something?

 

As her immediate supervisor, you have the right, and the responsibility, to keep an eye on your staff to make sure they are not goofing off, but also for health and safety reasons, what would your boss say if a staff member fell down a flight of stairs or something and wasnt discovered for 3 hours because you were too terrified to leave your office?.

As for eavsdropping, obviously this woman doesnt realise that you dont really get any privacy at work, especially so when you are working with other people. If she has personal business, then that should be left at home, if shes wanting to chit chat or gossip with collegues, then it should be done on break times. If shes whinging about you eavesdropping in the break room or whatever, then thats tough, its a communal area, if she doesnt want people hearing what shes saying, maybe she should write secret notes or maybe gossip outside of work.

 

I have been in a simarar situation myself so i know what you are going through.

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What can I do?

 

Hi Matt

 

Sorry to hear that.

 

How long have you worked there?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hi Guys,

 

Thanx for the replies guys...

 

elche I have been there for nearly 20 years.

 

Firstly, can you think of ANYTHING that may be the cause of this, have you given this staff member a telling off or a warning recently?, for any reason?.

 

Yes, cant go into full details but basically she feels guilty because she was part of the reason a colleague lost their job.

 

Secondly, what did your boss offer as way of proof?, and what did you say in response?.

 

No evidence, just suggested that I was following her around and listening in on her conversations, the nature of the job means I need to move around alot and pass her on regular intervals.

 

Thirdly, when she says "following her around" and "eavesdropping", how is this meant?, are you supposedly following her into the toilets or listening in on her perosnal phone calls or something?

 

Well, certainly not following her into loo's or listening to phone conversations lol, but I assume she means because whenever she turns around etc I just happen to be there rather alot, which would pretty much cover off the eavesdropping and following accuastion.

 

To be honest its my beleive that she feels guilty because of what happened to the colleague and is now paranoid we are out to get her? Even tho she was the victim and the other lost their job because of this.

 

Regards

 

Matt

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As a complaint has been made about you, you should have been able to put certain things on record to be relayed back the complainant in defence of the allegation. When asked for your response to the complaint which had been made, naturally you would have said that this is nonsense and that the member of staff has your utmost confidence and you have better things to do with your time etc, so has this been passed back to her?

 

Making it 'official' will not make a blind bit of difference, for without something more than a suspicion on her part you have no case to answer. Sadly this is part and parcel of being a manager from time to time. You will occasionally be viewed with suspicion, and will even be downright unpopular sometimes, which can in certain circumstances lead to unwarranted accusations. In the big scheme of things, this particular one would register fairly low on the scale, and apart from being asked by your own manager whether there is any substance to the allegation should warrant nothing more than the employee concerned being told that the matter has been investigated and that she has nothing to worry about. However, why not be proactive and try to head off any subsequent problems?

 

If there are grounds to believe that the source of the complaint is a little insecurity on the employee's part following the dismissal of a colleague, it might be a good idea for you to suggest to your manager that he offer her a meeting with him (and a work colleague) present in which she may openly and without repercussions air her grievances and give you the opportunity to respond. This would be an opportunity for you to reassure her that she is a highly thought of and popular employee and that any feeling on her part that you are behaving abnormally is purely coincidental.

 

You should also be conscious not to put yourself in harm's way in the future just in case there is anything malicious about this complaint. Make sure that you are never in an office alone with her for example, and if this is unavoidable that the door is left open. Probably unneccessary, but you never know....

Edited by Sidewinder

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Making it 'official' will not make a blind bit of difference, for without something more than a suspicion on her part you have no case to answer. Sadly this is part and parcel of being a manager from time to time.

 

You should also be conscious not to put yourself in harm's way in the future just in case there is anything malicious about this complaint. Make sure that you are never in an office alone with her for example, and if this is unavoidable that the door is left open. Probably unneccessary, but you never know....

 

Matt,

 

You have been there 20 years, thus, if you were dismissed you could:

 

a) Bring a claim for unfair dismissal

b) Get a decent award both basic & compensatory.

 

Your employer is not a fool. Thus, do not worry too much, it is unlikely dismissal is around the corner, because it could cost them £,XX.XXX.XX.

 

Everything is informal at this stage, Sidewinder's advice, is, in my humble opinion perfect for situations like this, and should be read and followed.

 

Kind regards

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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yeah, sidewinder and ches advice is spot on here, just "get on with your job", as it were, and try to minimise your contact with them, although dont let this lead to you becoming too timid and enable them to get away with things that they shouldnt, as after all you are their immediate superior and thus have the right to pull them up if they step out of line on anything.

 

Obviously, if you hear any more about these accusations then its time to make things "official", as you have the right to carry out your duties free from the worry of having malicious accusations levelled against you without any kind of proof.

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