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    • A Labour MP says GB Energy should buy British to avoid the risk of forced labour in supply chains.View the full article
    • The world's race to decarbonise has led to the rise of electric cars - and with it, soaring demand for lithium, which is required for the batteriesView the full article
    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • A new generation of wealth creators has fuelled demand for private members-only clubs in Asia's third largest economy.View the full article
    • well post it to youtube or facebook. so we can look at it.  
  • Our picks

    • 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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My wife works for a private school, she has been there for 12 years. After this time they are now giving all the catering staff a contract of employment. (I did not realise that she didnt have one). Now looking at this new contract of employment we have noticed that the hourly rate for her salary in the contract is stated as £6.36, but she has been receiving £7.03 for the last 2 years having been given a pay rise in September 2009.

 

Now of course we are going to argue that her salary is and should be £7.03, but are now also aware that other staff who have been employed just as long are only getting £6.56. Although my wifes duties are actually different from the other staff.

 

anyway my question is this. If her employer starts to get difficult and trys to claim that she has been overpaid (we do not agree) where do we stand on preventing them from taking moner direct from her salary? bearing in mind that she has no contract at the moment, so im assuning that they cannot do anything, but if they try how do I react and prevent any action?

 

thanks

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Ho Hum. Sorry. It's gets a bit tedious saying it - and it comes up 12 times a day (somewhere!). She does have a contract, she has always had a contract, and what she has (very very very late!) received is the written statement of main particulars and not the contract. The contract is made up of lots of things, including this very very late document. But you must tackle this straight away - not sit around and wait for the shoe to drop. In law her pay is £7.03 - she has been paid this for two years, she had no reason to think it was incorrect (because they didn't give her the written statement!), and she has, under custom and practice (also part of the contract) established that her pay is £7.03. Now then, here is the thing - you are assuming that the written statement is correct - what if it isn't? Employers make mistakes. So she writes back to her employer and says "I am returning this to you (which I received on XX date) because it incorrectly states my wages as £XXX and not £YYYY. Please would you correct it and then send it back" - or words to that effect.

 

This will result in one of two things. They correct it and the problem is solved. They don't and then you have to argue it (come back then and we can help). What you cannot do is ignore it - because they could now argue that she knows she is being overpaid and said nothing, so she owes it back! Silence isn't an option so you must take the inititative. Do not ask them whether it is right - assume it to be wrong, and start from there.

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