Jump to content
We are now - The National Consumer Service ×


  • Tweets

    No tweets were found.

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
        • Like
      • 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
        • Thanks
        • Like

Recommended Posts

10 months ago the factory where a number of us worked closed down. We were offered a healthy redundancy package or the offer to move to an alternative factory 150 miles away.

 

A number of us took this move and we were paid relocation expenses to assist in the move, but they added up to significantly less than pay off.

 

After 10 months of trying hard to settle, one of the guys in his younger 20s has failed to settle and wants to go back to his friends and family. He has been offered a new job back at his home.

 

He thought that the company would be fair and accept this as he has made the effort. Also guys who were paid off with sizeable payoffs applied for jobs in the new factory and were given them, only to leave months later often breaching contracts and now working notice etc.

 

Given that he has been loyal, made the effort, missed out on his payoff and watched these other guys leave with no response, he thought the company would be ok about the relocation expenses.

 

However they are demanding them back in full and paid in one go before he leaves. No option of paying back over instalments etc.

 

At this point in time at the factory we are going through a consultation period to change both the way we are paid and the working hours.

 

We have been given a new contract to sign to agree to the new monthly pay rather than weekly. What happens if he refuses to sign the new contract? Will they terminate his current contract? If they do that can they demand back the relocation money?

 

What are the real options on the table here?

 

I think the company are being rather unfair in the circumstances given all that has happened.

Link to post
Share on other sites

What are the real options on the table here?

.

 

Hi Lethal. Welcome to CAG.

 

Sorry to hear about your friend not wanting to stay in the new location.

 

On one hand, in reality the ER may never commence proceedings for recovery of the money - how much is it?

 

On the other hand the ER may try and take some of this money from your colleague's final pay. This could be an unlawful deduction from wages (if it happens) but also may not be if it was permitted by the contract.

 

Unfortunately the law does not regulate how much the ER can take back in one go - but common sense (and morality) says that the ER should be reasonable about this and not leave the EE in 'hardship' But unfortunately morals are not legally enforceable!

 

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]

Link to post
Share on other sites

The relocation policy has staggered repayment levels. We are between the 6 and 12 months stage and he has been asked to pay 75% of the money he used. £3500 has been asked for.

 

I think it's harsh as he has made the effort and being so young it was always a big move.

 

Other guys who took their redundancy package later applied to get jobs here, got jobs and then once a job back near home left without giving any notice. The company made no issue of those guys breaking their contract, not giving a months notice.

 

We are still weekly paid, so only one can be held.

 

He has not signed the new contract switching him to monthly pay yet. What happens if he does not sign to agree changes?

 

Is there any loophole there?

 

Thanks in advance.z

Link to post
Share on other sites

he has been asked to pay 75% of the money he used. £3500 has been asked for.

 

The good thing about this is that £3,500 is small claims track. Thus if your ER wants to pay a solicitor, the sol's fees will probably wipe put the best part of this - hence - making it uneconomical to recover - hence - maybe they never try.....?

 

He has not signed the new contract switching him to monthly pay yet.

 

Signature of the contract is not so important. He has been given the contract, and knowing what it contains he, has continued to work,. You could be fighting a strong 'acceptance by conduct' argument.

...................................................................... [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]

Link to post
Share on other sites

The contract was due to be handed in this week but the changes are not made until mid April.

 

As it stands our older contracts only require a weeks notice, new one is a month, he has given his notice and is due to finish on Friday.

 

Not sure if the company feel they have to make a stance to stop others doing the same. There is s few of us tied to relocation policies and maybe the fear is they will loose theit better workers.

 

Just have to see what they do now.

 

They have already told him the case will be handed over to the legal team.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...