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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale by the receiver??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously did as fh.  He just did a re-write 5m later - but kept the same value for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation.  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a £ Claim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so. ???    
    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
    • Hi Baldilocks. Welcome to CAG. I've done some minor formatting edits to your post to make it easier to read for people on mobile. Try to keep to 1 or 2 sentences max before creating a line break in your post. It's the Consumer Rights Act 2015, not the Sale of Goods Act 2015. The Consumer Rights Act 2015 superseded The Sale Of Goods Act 1979 and the latter does not apply as I imagine this purchase was made after 1st October 2015. Can you confirm the make and model of the vehicle? Some vehicles have their service history stored within the on board computers now or have it available to view online at any point. How did you pay for the vehicle? Finance (what type), Debit/Credit Card etc? I would argue, that should the above points not be correct, you would be right to claim that the goods are not as described under the Consumer Rights Act 2015.  
    • Thanks everyone for all your help, but unfortunately my case was dismissed. This is the 2nd time I've had this happen now so I doubt ill be taking on any parking firms in future sadly. The judge said I lost it on the grounds that the sign said I had 28 days to declare who the owner of the vehicle was, and said I should have complied with this.  My costs are Judgment for the claimant £133.33 Issue fee Hearing fee Solicitors costs - total £265 grand total £398.33 Do those costs look about right?
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Suspension Question


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Remember neil, if your workplace rep lacks the skills or knowledge to help you, you can go direct to the regional rep.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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"the business" suspends you rather than a specific person, so it's not a helpful question

 

Any other questions get you into "who saw what" which you'll find out if the investigation goes anywhere, and are therefore best avoided so you cannot be seen to be influencing the investigation (which in law is a neutral process)

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi, so the rep called and has said that he can only give 'telephone advice' as its only been a month since I joined them....not sure who I can take in with me now as I do not want any off my staff in the meeting, as my manager has told them all that 'I am off sick'....

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the tell the rep what has happened and ask them to speak to the investigator/manager. If the rep is a full time officer rather than a lay rep they will know the score, if it is a workplace lay rep it may be harder to get taken seriously depending on how big the company is, how many union members there are and so on.

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I'm sorry to hear that this is the case with the union. It is correct, I went to my union rep for advice shortly after joining and while they were extremely helpful (on an unofficial basis), they couldn't fully help until after 3 or 6 months of membership.

 

I can't stress enough to be patient with all this and only speak when spoken to. They will contact you when they want to, not before. If any of your colleagues contact you during the suspension period, confirm that you are off sick and thank them for their concern. If this does happen, DO NOT tell HR or your manager that you have spoken to them. Silence is going to be your best friend until you get called in for the investigation meeting (if you get called in, you may get called back into work if they find no proof).

 

I do hope you get the result you do and the next message we get from you is that your case was unproven :)

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if you have friends who are reps anywhere they can come with - legally it does not have to be YOUR rep.... any qualified relatives?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I'm not saying that taking someone you know is a union rep is not the right thing to do but I would check that first.

 

I had trouble with this when I was suspended; I wanted to take an ex-colleague who was a union rep. ACAS told me this would be perfectly fine but HR wouldn't allow this. Said it went against the terms of my suspension and employment contract. They used it against me in my investigation, said I was speaking to external parties about my suspension which was a breach of contract. I never got a chance to find out who was right.

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ACAS told me it is fine speaking to union reps but they have to have proof that they are reps of a union but saying that its also down to the company HR policy who can attend.....total nightmare!

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Make sure you make an audio recording of any meeting, it could prove invaluable if you end up at an Employment tribunal.

 

If you do go into the meeting alone and feel overwhelmed at any time then do request a brief adjournment, so you can get your thoughts together and process the information so far. Do not be timid about requesting several brief adjournments, if that is what you need to respond effectively.

Start every day off with a smile and get it over with.

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ACAS told me it is fine speaking to union reps but they have to have proof that they are reps of a union but saying that its also down to the company HR policy who can attend.....total nightmare!

 

it is not down to the company. You have no right to be accompanied at an investigation meeting, unless their policy says so, but if it is a disciplinary you have a right to be accompanied, in law, by

- a collegue employed by the same company

- a union rep/official - of any union, employed by any company not just yours, as long as they can show they are a rep/official

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for that. Im still trying to find someone. Is there any timescale for HR to inform me that I am suspended?

 

HR don't have to inform you you are suspended, since (according to you) your manager has already done so.

 

Hi all,

On Friday I got pulled into my bosses office who informed me that I was suspended with immediate effect

 

Are you saying that you don't believe your manager and want HR to confirm it?.

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My manager suspended me but it has to be OK'd by our HR and I have not heard anything from them..

 

Surely that's an internal procedure that means your manager needed HR approval before telling you that were suspended? HR don't have to tell you as well do they. is that actually stated in the company disciplinary policy? Presumably you have assumed you are suspended as you haven't been in to work since your manager told you that were suspended?

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