Jump to content


  • Tweets

  • Posts

    • 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    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 161 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
        • Like
  • Recommended Topics

Employer Cancelled Flexible Working Contract & Now Disciplinary


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2149 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Agree with Sangie, that it is probably best to let the Unions legal side look at this. I only advised seeking another opinion, as you appeared uncertain whether to trust the Union.

 

Depending on the Union and their relationship with the employers perhaps they can resolve this with senior management and avoid it needing to go legal. They might be able to point to agreements in place about flexible working and managers not trying to enforce working hours employees cannot work, because of caring commitments etc. An outside employment Solicitor might not be made aware of all existing agreements/policies in place and therefore not be able offer best assistance.

I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.

Link to post
Share on other sites

I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.

 

But unfortunately that is what you aren't supposed to do. So please don't mention it. I appreciate why you have done it, but the fact is that there will always be different views and opinions. Sometimes some very much worse than others! But people need to understand that if, for example, a solicitor gives got some specific advice and you act on it, then go back to the union and expect them to bail you out when it goes wrong - well it was your decision, wasn't it? I don't mean that to mean the OP "you", but the general "you" for anyone reading this. You wouldn't expect to have two solicitors. Well the same thing applies. Your union is your "solicitor" and you follow them, or you go elsewhere, but you can't have it both ways.

Link to post
Share on other sites

But unfortunately that is what you aren't supposed to do. So please don't mention it. I appreciate why you have done it, but the fact is that there will always be different views and opinions. Sometimes some very much worse than others! But people need to understand that if, for example, a solicitor gives got some specific advice and you act on it, then go back to the union and expect them to bail you out when it goes wrong - well it was your decision, wasn't it? I don't mean that to mean the OP "you", but the general "you" for anyone reading this. You wouldn't expect to have two solicitors. Well the same thing applies. Your union is your "solicitor" and you follow them, or you go elsewhere, but you can't have it both ways.

I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

Link to post
Share on other sites

I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

 

 

If you believe your situation is slavery, I have some books for you to read.

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

Link to post
Share on other sites

I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

 

It would be interesting to know which sector you work in.

 

From what I hear and see, there are too many people in senior positions trying to protect their large salaries, by squeezing those workers who are delivering the service to customers. To make the numbers add up, they are looking to reduce costs and if they can increase hours/days of working, then they will try to do that.

 

There are care workers near Bath protesting at the moment, because the company they work for are trying to remove paid half hour breaks. These workers are doing long hours often on minimum wage and helping people who are vulnerable with a lot of care required. I spoke to someone recently who worked for another care provider, who looked after 5 children with different levels of autism and he had started work on one day at 9am and did not complete his shift until 4pm the following day. He said that he sometimes managed to get 5 hours sleep overnight, but if the children did not sleep or needed care overnight, he would be working 31 hours without many breaks.

 

So yes I can see why some feel it is a bit like slavery.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care

 

Setting aside the debate on slavery, that is where you are wrong. Very few employers set out to break the law, or don't care about it. But most employees believe the law gives them vastly more entitlements than it does. That is why things go wrong so often. People "stand on" rights they don't have. If people want to fight for something, then that's fantastic. It's what many of the rights we have are based on - people who fought for something that didn't exist. But they need to do so with their eyes open. Demanding a right that doesn't exist doesn't get the outcome you expect. For example, read any of these kinds of boards and you'll routinely read "i'm protected under the Equality Act". That is meaningless twaddle. But people believe it and believe that their employer must do things, or can't touch them, just because they are "protected".

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...