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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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    • We have finally managed to obtain the transcript of this case.

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Absence from work due to health problems + 2 disciplinary meetings and harassment


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Hello everyone,

 

I do apologise for the long post, but I feel rather desperate for advice.

 

I've been working for my company for about a year and 2 months now, and last year November, I had a breakdown. I was diagnosed with depression and a few mentality issues and also anxiety. I've been diagnosed with depression a few years back but I had brilliant help and got through it. I informed my employer straight away, apologised and explained that I really do not feel able to work and my doctor said the same and has put me on a high dose of medication and a course of counselling. However, my sicknote had ran out and I honestly didn't realise so I didn't have a new one to give them before the current one had ran out, so they immediately sent out a letter asking me to come in for a disciplinary meeting, which I did, and I bought along the latest sicknote. When I was approached by the deputy store manager, he told me he cannot have any conversation with me until I hand in my sicknote, and no one would listen to me as I wanted to explain myself. When I gave them the sicknote a few minutes later they said that everything is fine now and I can go, so I had no meeting. Since then, i've had phonecalls asking when will I be back and that my department is failing because of me and they need me back. It makes me feel awful. They don't understand that I really need to get better and i am not ready to come back and I can appreciate the arguement on both sides but I feel like I am being victimised. I was told the new store manager is very keen to meet me, and I know why, so he can give me a piece of his mind. Then last Saturday, I gave in my latest sicknote, which started before the previous one had ran out so I knew I was covered, but this Wednesday, I got another letter asking me to come in for a meeting to discuss my absence as they haven't recieved my sicknote. I just rang my HR department who said they do have my sicknote and I was asked why am I not back at work yet, they want me to come back now, and now I have to go in for the meeting tomorrow. I feel so sick with worry that my whole body is shaking. I know in the meeting it will be me alone facing three people as I'm not in a union. I feel so scared and nervous to go, I can't bare it and I know I won't be able to explain myself properly because they just wont give me a chance, I know how they work. I'm not doing this on purpose, and I haven't worked since November, so Christmas was nonexistant due to not much money, If I could work, I would, of course I need to pay the bills. Would it be terrible if I don't go tomorrow? I really can't handle this.

 

I apoloigise for long post, thanks in advance

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Yes, I am afraid that at this stage it would be terrible if you didn't go - you could be dismissed. The only way out, and it may be too late now, would be to ask for a postponement, explaining why you cannot cope with a meeting - but as I said, it is very late in the day to be asking for the meeting to be postponed. It isn't at all unusual or unreasonable for an employer to contact / meet with an employee who has been off sick, especially where this has been for a number of weeks. In fact, they do have a legal obligation to discuss with you any way in which they can assist you in returning to work - simply because your doctor has said that you are not fit to return to work does not mean that they should not do so. They also may have sickness absnece policies which would come into play after such a length of time off sick.

 

I realise that this is a very difficult time for you, but I think you should also bear in mind that your mental health issues may be making you feel more vulnerable and scared than you may have reason to be. The new store manager may want to talk to you, yes - but it is simply your guess that he or she wants "to give you a piece of their mind". You don't know this. They may, equally, want to know whether there is anything they can do to help you back to work - perhaps by discussing with your medical people whether reduced hours or something may actually help you. You do not know that they do not want to do this.

 

But at the end of the day, you are their employee, and so they do have some rights and obligations to consider your position. If you keep refusing to have this discussion then you are at greater risk of them coming to the conclusion that your job should be terminated - and that won't help you either. I would suggest that you try to talk to them - maybe making some notes before you go to help you remember what you want to say or ask about, and to help you feel more confident about it. It may then be that your fears about them are confirmed, and then with more information we may be able to give you further advice. But right now there doesn't seem to be very much to go on in terms of them actually doing anything wrong here. It might be a good idea to take a work colleague with you if you are not in the union - if just for some moral support.

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Hello SarEl,

 

thank you for your advice. I understand what you mean. I don't want them to think i'm being un co-operative. I appreciate your comments on my mentality making things to be worse than what it is, but my work place truly is a horrible place, all the staff feel bullied by management, and i have experienced it myself, but I will definitely write down what I want to mention and bring it with me to the meeting, which I am going to. I just hope matters do not get bad.

 

Thank you again, I appreciate it very much

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