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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Punished for not agreeing to photography


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Myself (and other employees) declined (politely) to have our photos taken for an annual report.

We were then punished by our operations manager who stormed up to our desks and demanded loudly that we take extra work because we had let the team down.

 

This is despite the fact that that we had manned the office phone line and worked on our tasks while the photographer was taking photos of others.

 

This happened less than half an hour before we were due to finish work and was the last working day of the week for a number of us.

No reference was given to the fact that I have childcare responsibilities and had to leave on time to pick my child up.

 

Can our employer discipline us for not having a photo taken? Is it not our right to refuse permission for this?

 

The wider background is that this is a very unhappy workplace.

Previous photos taken were used for purposes other than what was originally stated by a partner organisation and we were given no guarantees as to the scope of use for these new photos.

 

Personally I informed my manager twice that I felt really uncomfortable and anxious about having my picture taken and was given no reassurance but just punished in front of the open office.

 

There are also LOTS of other issues unrelated to this but any advice on the photography issue would be hugely appreciated.

Thanks in advance!

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Of course you have right to refuse to be photoed at work, if you are not contracted to be photoed for any purpose.

 

Your operations manager seems like an unprofessional buffoon, looking to receive grievances. Suggest you all put in official written grievences, if you feel strongly enough.

We could do with some help from you.

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wel done you.

 

I resisted for 35yrs

they tried everything event stating i had to have my picture on my MOD pass

tough cookies mr employer..it doesn't

you cant.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A couple of things to consider

 

It seems from your OP that you were approached for permission and this was refused?

 

If this is true, then is there anything in your contract (or company employee handbook) which covers any sort of requirement for photographs to be taken and used for a particular purpose?

 

Assuming that there is no such contractual obligation, and that permission was refused to have photos taken then your employer is on thin ice. There are privacy considerations and rights afforded by the DPA (and possibly the HRA) especially as the report would be available to people outside of the immediate organisation and probably to a far wider audience. There could have been all sorts of reasons why you did not wish for your image to be known outside of your office and your employer is completely wrong to take action against you for refusing

 

The words 'punishment' and 'discipline' however are emotive and very hard to prove. Had you been formally disciplined then it would be much easier to deal with since it is highly unlikely that there would be a clause in the employer's disciplinary procedures which would allow them to do so - other than the all encompassing 'failure to carry out a reasonable instruction' which would be almost impossible to make it stick. Expressing annoyance and giving you extra work would be very difficult to define as a retributional act unless there is evidence to support this - maybe an email or statements from others would be required

 

Probably the best way of dealing with this would be as a matter of bullying and harassment - a formal grievance in the first instance outlining that you had good reasons to refuse permission to have photos taken, and that in in the manner you were spoken to and in forcing you to take on extra work you consider this to be an act of bullying and harassment as it caused distress and anxiety and was not the result of poor performance but an act of temper on the part of the manager concerned. So much the better if the others that you mention are also willing to add their names to the complaint

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thanks. I’ve contacted my union rep but not sure if i’ll hear back. I’ve got my photo on my ID pass, and was bullied into a previous photo shoot which I hated every minute of. Since then the photos have cropped up everywhere and I’m not happy with the risk of that happening with more pictures. I’m actively seeking other work so worried aboutnrocking the boat too much but I’m also not inclined to be bullied by my manager

 

No permission was sought at all. We were told to ‘make ourselves available’ and there was no option given as to opting out and no information about how long photos could be used or if they could use them online etc.

I do feel it’s more a bullying issue. I suspect she was ****ed off that we didn’t cooperate and do the ‘happy’ act when they have spent money booking a photographer. It felt very tit-for-tat. But I didn’t decline to participate because I wanted to be awkward I didn’t participate because I don’t want my image plastered all over the place. Nothing was done to reassure me or others. Just landing us with extra work, expressly because we hadn’t participated, just prior to the time we were due to leave felt calculated and an attempt to exert power. My colleagues who are in the same boat are equally ****ed off so may well be willing to take a stand

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I would say that now is the time to make a detailed note of exactly what happened – including time, date, who said what to who and who witnessed what.

 

If you are able to, I would get your colleagues to make similar notes and I would also get the outside contact details of your colleagues. One of the problems with these kind of things is that one can often think that all your colleagues are going to back you up – but in fact when you turn around, none of them are there because quite understandably they are worried about their own jobs in their own families.

 

How long have you been working there? You don't tell us. On the basis of what you have described, I would have thought that this is an intolerable situation and could easily be considered to be a basis for a constructive dismissal. Constructive dismissal occurs when the situation at work because so intolerable that you have no choice but to resign – but you then claim that effectively you have been dismissed as a result of the behaviour of your employer. If you're looking to get out of the company way then this could be a good opportunity although it would have to be clear that it was this incident that forced you out and that you weren't using it as an excuse simply to get out on good terms.

 

Of course if you could persuade others to join you then this would help – but you need to be careful because trying to incite others to leave their jobs could itself be a justification for a dismissal.

 

As far as I recollect the present law, you should have been working there for two years after which you have employment rights. If you want to claim constructive dismissal then you would have to react quite quickly. If you continue tolerating the situation for too long and then eventually decide to resign it would no longer be treated as a constructive dismissal because clearly the situation would not have been intolerable enough for you to decide to go immediately.

 

Having left the company you would then have to begin a tribunal action immediately on the basis of your constructive dismissal and saying that you'd been unfairly dismissed.

 

I'm sure that others with more up-to-date experience will be along to confirm what I say – or else to challenge it.

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I think you would need more than one incident of bullying, and to have exhausted the internal grievance process, before you could consider contructive dismissal.

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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Company's can insist for photo id.

Whoever said they resisted for years on a MOD id is quite frankly full ofit.

 

Constructive dismissal?? Absolutely 100's of miles away.

 

Its dependent on what your contract of employment states

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Ah, that's ok then. My fault, I just assumed they should/would have some level of responsibility for the advice that they give...especially when the advice could result in someone thinking they have a case for constructive dismissal when my blind Springer Spaniel could see that's just not the case.

 

I assumed people came on here for advice and also that being admin carried a certain level of responsibility.

 

Apologies to the OP for going off track but I really do not want you to think you have a case for CD.

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when OP has also posted on 2 other sites, I think they have a wealth of opinions to choose from.

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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Not ridiculous.

Depends on what the whole story is.

They can't go down the route of CD, based on this one off issue.

But if the staff have been bullied over a period of time, had official grievences ignored, then it might be a different story.

 

Perhaps start a discussion thread on CD, so this can be given proper debate,

Edited by dx100uk
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We could do with some help from you.

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Now peopel dont own the right to their own image, just a copyright on a particular photograph so the company using the pictures for other purposes isnt breaking the law. However, unless they have some particular clause in your contract that states that they may demand use of your features for publicity purposes ( are you a pop star or footballer for example?) then they cant demand you play along with this scheme.

 

 

TBH I think the boss was embarrassed by your refusals and felt a right prat in front of others after promising things he couldnt deliver so took it out on the people who caused his red face. It will blow over because it sounds like he hasnt got hold of the reins on a lot of other issues adn that is what needs addressing.

 

 

If you want to start a grievance consider something more relevant to the day to day as this wont crop up again for another year at least

Edited by honeybee13
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