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fedup74 last won the day on January 16 2009

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About fedup74

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  1. Thankyou everybody for all of your thoughts/advice. Will have a good read up on the Acas info and ask her to print off the family friendly policy from work- will keep this post updated.
  2. Hi everybody:-) My mum has worked in a hospital dept for 22 years. In January her and her colleagues were asked to volunteer to do nights. Nobody else was interested but my mum volunteered to help them out and also to be able to spend more time with my dad who is disabled. She trained people up from medical records whose jobs had been taken away and so were classed as "at risk". She was informed this morning that she would have to go back onto days in July as the people from medical records were working nights so she wouldn't be needed. My mum is really upset about this as it has worked out really well for her doing nights- she is around for my dad in the day time- we even work opposite night shifts so there is always someone there for my dad. It has also helped their financial situation as my dad is medically unfit to work. I know she is going to be really stressed out if she has to go back onto days- she has her own health problems and any stress is going to make it worse- she is even talking of handing in her notice. Can they make her give up her night time hours for new staff coming into the department? The head of her dept is saying it's out of his hands and it is personell who are pushing for the "At risk" staff to have her hours. Thankyou for reading!!
  3. Tried to pm you esmerobbo but your inbox is full!! Bit more detail - Their solictor introduced herself and said we agree that penalties are unenforceable by law. She asked if I had filed a defence as they didn't have a copy and that she would recommend to the judge that no defence had been filed. I told her I was relying on the defence that had already been submitted- the only difference was some parts related to the registered keeper not being the driver- the points of law were the same. She said she would oppose this to the judge and then asked me about other parts of my defence. I told her I would rather answer her questions in front of the judge and she said she would tell the judge that she had spoken to me and I wouldn't co-operate!! So I told her a couple of things but left others out!! Gets in the court and she tells the judge no defence been submitted- I come back at her and said you were happy enough to stick with the same claim and not re-issue it- the judge agreed with me. It was quite funny cos she kept saying I'm grateful sir- he said "I'm sure you're not"!!! They said I'd parked in an ambulance bay and showed pics of 7 or 8 ambulances parked up (as esmerobbo knows there are bays to the side of the ambulance bay that are normal bays) The judge agreed with them that it was parked in the ambulance bay cos their solicitor said my car was blocking the ambulance sign (load of rubbish) I then got the chance to ask them questions and I asked what losses they incurred- they said cameras to take pics, stationery, plastic for their fixed penalty notices the employment of 4 people to monitor the car parking situation, solicitors costs. I asked how the price could double in one day and she came back and said once the ticket hadn't been paid within 14 days they send a letter to the solicitor which costs £35. Their security manager said they are running at a loss with their car parks and chasing tickets so the minutes of the board of governers meeting which stated penalty charges and the possibility of an improved revenue were disregarded by the judge. Their solicitor actually turned OB Services v Thurlow against me as she said they lost because they hadn't proved any losses whereas Aintree could. The judge agreed that they had suffered losses as a result of people parking and breaching the contract. There were a lot of other things said but these are the main ones. It came to costs and she asked for her fee then £50 for her witness fee- the judge said no- he works for the nhs and is doing his job- he's not out of pocket. She asked for petrol and parking charges and he said no then she tried to claim charges for me not admitting it was me driving in the first place (can't quite remember the word she used- messing them about basically) but the judge shot her down over that too. On the plus side I don't have to pay the £160+ in one go the security manager said I could pay over so many months!! So I am now gonna drown my sorrows with a cup of tea and some lemon cake!!
  4. Hi dx100uk- did have a thread for HFC- there was PPI and charges and we went through the FOS- the PPI was paid back onto the outstanding balance and he got the interest back!! They have got a charging order we're paying back monthly (the same amount we were paying on the debt management plan) so they haven't gained any extra money- just got security on it now!
  5. Oh well back from court and lost the case:-( The judge said as they produced evidence of their losses ie the employment of staff, stationary etc etc judgement was for the claimant. On the plus side their solicitor asked for all sorts of silly costs like a witness expense, petrol and parking fees and the judge said no!! Absolutely gutted and to top it all off come outside and my dad had a parking ticket!! Thankyou to all who have supported especially Alexis and Esmerobbo- I'd have been lost without you both:-)
  6. Being a bit cagey here but don't want prying eyes guessing who I am before court!! Basically their solicitor and the judge didn't believe he didn't know who was driving- the evidence proving my partner wasn't driving couldn't be submitted as it wasn't signed in front of the court. I know he didn't have to name the driver but my partner pooped himself and squealed!! Service was dispensed with as the driver was at the court:wink: so that's where it's up to.
  7. Court again soon- judge made him name the driver:!: I take it the argument now is, if they are going down the trespass route, they can only claim for damages? Just hope it's not the same judge again cos he ain't gonna be pleased that we wasted time by not naming the driver straight away!
  8. Cheers surfer01 Sailor Sam the local paper aren't interested as somebody else has already informed them of what's going on and they don't want to know DBC- it's them that are saying it's a penalty- in their little yellow envelopes and their board of governers meetings!! We all know private co's can't charge penalties:-D
  9. Got court hearing soon!!! The judge has recommended mediation and Trethowans have agreed so that is going ahead real soon:wink: -was going to suggest we'd pay the £25 penalty if they pay our costs- it's a compromise isn't it!!
  10. I knew I shouldn't have stopped and let that fat fecker on!!!
  11. Thanks esmerobbo- (replied to pm:wink:) They are saying it's not for breach of contract it's for parking in a forbidden bay!! They just contradict themselves over and over again!!
  12. Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!
  13. Thanks Conniff - they are saying it's stated in their T&Cs that if you order an electrical part they will only refund us a credit note- their T&Cs are nowhere on their site when you order and when this was pointed out to them they told us they would send us a copy!! On the website that we found them thru their FAQs state if the part doesn't work they should offer a refund and if they refuse you can open a dispute- this has been done but they're still insisting no refund- we need that money to sort the car out and get it back on the road:-( Thanks for that info- will have a look at the DSR -what about what Graham said- it is a bespoke item therefore not covered under DSR? Sorry to be a pain in the butt!!
  14. Hi Graham- it wasn't programmed specifically for our car- it was just for the same year car. Does this make any difference?? The part that they sent had a piece of plastic missing out of the key chip so was in my mind was faulty. Space cadet- when you say it wasn't programmed to our car- is that where you press your lock/unlock button on key while in position 2 on ignition- we did all that and it still had the original fault plus an immobiliser fault too. I just can't believe they can send you a part with a 30 day guarantee then won't refund your money if you send it back as not working within the guarantee:???: They are being smart ar*es too sending snotty e-mails.The co that they sell through have said we should get a full refund- I just hope they get a better attitude off them.
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