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Mr Happy

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  1. The vans 3.5t and lorries 7.5t are both equipped with tachos, some drivers take their tacho/lunch breaks while doing installs so they can get home at a reasonable time, this is illegal and I wont do it, they also break the speed limit which I am not prepared to do, I am not afraid to bring stuff back but it makes me look bad because I am one of the few who work by the law / rules and therefore brings stuff back. The management say we are within the 48 hour wtd limit and driving 3.5 and above and delivery drivers we are not allowed to opt out. despite the drivers being forced to opt out before I started working there, I have been trying to create a spreadsheet for the drivers to monitor their own working time but having problems, if anyone has a suitable spreadsheet it would be appreciated.
  2. Our contract of employment states that we are expected to do a reasonable amount of overtime. Our day starts at 7:45am our days runs are supposed to be for 10 1/2 hours officially finishing at 6:15pm, 1 hour for lunch. Our days are scheduled in the morning with time estimated from average time per job, this is just doing the job and does not account for additional time for trouble finding the site and problems that can be encountered doing the job (we can do between 6 to 30 drops per day). On paper our times are longer than the 10 1/2 hours and the return time to the depot can be anything from 7:15pm onwards, this is not accounting for any problems along the way. Most of the time we get back later than the scheduled time for the run often working a 13 hour day. Also because the runs are longer than the amount of hours in the day they macro the times down so they can fit in to the time available. If we have had a bad day and loads of problems the guys ring in and say it is too late they are bringing some items back, the amount of agro they get from the managers is terrible, I am quite happy to take the agro and I have an answer for every one of their reasons for forcing us to stay out late but many of the drivers are not as strong willed (or stubborn) as me and will stay out later. In my eyes 3 hours is unreasonable overtime, I even think 1 hour a day is unreasonable but I am happy to give that amount to give many more customers their items. There are so many other ways they make life difficult for the drivers but I could spend all day writing an essay about it. If overtime is scheduled in every day is that over time or just the working day? How long is reasonable overtime? I am working on a letter for the drivers to make them aware of the law that the company are breaking, including Holidays, working time directive, health and safety. Any information or links to laws, acts, regulations, acops that can give the drivers confidence to approach the management would be appreciated. Feel free to ask any questions for clarification or to expand on anything.
  3. Surprised you have had no replies yet. The difference between an accident at home or an accident at work is just the place it happens, there is no difference in your rights so follow your normal sickness procedure. The only difference is if the company that employ you was negligent, in which case you could claim compensation through a civil claim against them. Negligence could be in your situation, that you were not sufficiently trained in the vehicle you were using, there were defects in the vehicle not obvious from your daily check sheets, the vehicle was not properly maintained etc. Their defence could of course be that you have been trained in that or similar vehicles (written training record is shown), vehicle is properly maintained. Unless you stand to lose a lot of cash probably not worth taking that route. The best plan of attack in my opinion is speak to your boss say you will be out of pocket through no fault of your own whilst performing work duties and ask if they will pay your wages in full for the duration you are off work.
  4. Yes I can demonstrate that it was the work that caused the stress, I have hard evidence as in workload sheets, I also have evidence of the last few issues that tipped me over the edge, both caused by ignorance and negligence, breaches of statute which is a result of breaches of other statute laws. The company regularly exploit the workers and insist they break the law, not in words but by issuing requests that can only be reached by breaking laws. Depression and stress absence is common in our workplace, many staff breaking down in tears. I have covered my "bottom" as is the requirement at our place, I have played by the book and I am familiar with the law
  5. I have been ill with stress and signed off by the doctor for 2 weeks, I am going back soon and will be arguing to get the 3 days non payment refunded and if they put me on SSP the difference from that and full pay. In my return to work interview I will state the grounds of reasonable adjustments to help my return, these will simply be that I request they abide by employment and health and safety law. Their policy, depot not company is to stitch up the staff as much as possible and I have no doubt they will refuse to reimburse my losses, I will ensure they stick to my return to work requests, should they refuse to reimburse me for loses I will take them to court. What is the best way to take them to court? DIY or one of these No Win No Fee companies, if the latter are any better than others, if it goes to court I will go for compensation as well, they pushed me so far I broke down at work and it was very embarrassing. I will give them every chance to settle without court but I just want to know what I can do so I can make them aware of my intentions.
  6. Your employer may need to report the incident to the HSE if the injury keeps you off work for more than 7 days, he may be trying to get you back in to avoid this. You should try and get treatment as soon as possible so I would recommend A & E as well, if its like our place you wont get paid for 3 days and sick pay after that which is minimal, in which case it may be beneficial to get back asap, if its a genuine offer to get you back and you can manage it without discomfort it may be worth considering.
  7. Thanks for your responses, I doubt I will get a better response if I gave them a year notice so 7 days it is.
  8. I have contacted them and they were unheplful I have started to draft a letter does this seem OK?
  9. My Daughter bought hair extensions for just over £400, after 6 weeks they had all fallen out, she spoke to the hairdresser who said they would replace them for the cost of £100, after chasing her for another 6 weeks the hairdresser said she was too ill and should go to a different salon, she went to another salon and had them replaced for £200 ish. As far as I am concerned they were not fit for purpose and should be expected to last longer than 6 weeks. Any comments, is she entitled to a refund, is she entitled to a refund of the replacements, any things I should mention when i approach them. Regards Steve
  10. First of all it is not a software problem, if you have tried a system recovery and it fails then the fault is hardware. The system recovery is independent of the operating system and is taken from a file on the recovery partition, ring Currys and tell them you have done a system recovery and it has failed, the system partition is a way for Currys to eliminate a software problem from a hardware problem and it has proved hardware, do another system recovery (destructive) just to confirm and then tell them it has failed twice. Did you start the recovery process from recovery manager? if so start it again using the f key at start up (cant remember which but it displays on the screen for a short time after power on) this will eliminate any part of the current OS.
  11. How many days are you claiming for? your employer does not need to pay you for your first 3 days sick. its a managers discretion thing but if your managers are like ours forget it.
  12. You may want to read the site yourself. Reading that website talking about the gatso does worry me somewhat, I drove past the 303 one near Illminster at 60 last week. I have driven past gatso's before at 60 on single carriageways in my 3.5 ton and not heard anything, think I will take it easier in future. I do not necessarily believe it but doesn't do any harm to slow down past them. If I was you I wouldn't worry too much as I have said I have gone past at the normal car speed limit many a time.
  13. You cant get access to any of the workings of a pdp unless you open it, I cant see it being difficult proving its a fault of manufacture as opposed to wear and tare. Panasonic had a model that the glue on the edge connectors would come unstuck over time and a pencil thin line of pixels would become unstuck quickly followed by the neighbouring lines, not aware of this with Samsung but you cant wear and tare anything just by looking at it.
  14. Take the vouchers to a currys store and make the sales assistant aware of the spec of your TV, they can/will increase the value if they see fit. Find a TV before you see a rep that you believe to be an equivalent and make them aware of it.
  15. With low value debts such as this I would just ignore them, they will threaten you with court, taking your house, property, wages and send a sheriff to shoot you, they will lose out far more taking you to court than they could recover and the threats are just that threats that they will not follow through. I have had many smaller debts such as this, received 10 to 20 letters from each over the course of a few months once or twice every week or so, there are set letters and they just rotate them so you get a change every now and then, they will, get bored and go away eventually, I found the fitness first one gave up the quickest. Its up to you if you pay them when you get back on your feet, but you shouldnt worry just keep their letters and date the received date.
  16. Congratulations They are very quick at paying their expenses, get your letter off quick, wont make Christmas but soon after a nice little pressy for you.
  17. Not a good day. Got there 20 minutes early, didn't want to speak to the opposition, saw a judge poke his little head out, praying it wasn't him because he was the judge I had last time before going to multi-track, Luckily we were the first in and yes it was him, my heart sunk as I already knew the conclusion, gave my points over. Effectively his replies were. Point 1 was that a copy of a document is sufficient and the original would make no difference. Point 2 I would have had statements from MBNA to prove I used the card. Point 3 Invalid default notice only applies to cases where large amounts of money are involved so was over ruled. Point 4 letter of assignment can be assumed to be done even if it doesn't exist. Makes a mockery of the legal system and consumer law. I put in a request to take it to appeal that was refused, I can now choose to appeal but I don't think I can be bothered, perhaps I should use the money from the expenses from my last case to pay for this, wanted to give my son a little extra this year because he has gone without for the last few years and been very good about it. Perhaps I can get them back for illegal bank fees if that ever gets off the ground again.
  18. Ive also prepared an expenses claim just to encourage them to stop the case.
  19. This is a copy of my case so far, should this be a witness statement. Comments please, a lot needs amending and would appreciate some help, having trouble getting my head around everything. Added red bit for input, not sure what im talking about here.
  20. Wow thanks for that, its an awful lot of information, I will take a copy with me and highlight key facts. Unlawful rescission of contract, what is the likelihood of them backing down on that basis?
  21. They have sent a few copies of statements to show I used the card, although there is a balance on their it does not show any transactions just a balance and interest, is this relevant for my defence. There is also a letter of assignment from Lewis Debt Recovery to CL Finance but not a letter of assignment from MBNA to Lewis shouold there be one?
  22. Can someone please help me? I am off to court in 4 hours I have a form of defence but I dont know what it means, how it should it be worded and what supporting evidence I can have. It appears my default notice being invalid is my only option, I am told it only obliges me to pay the arrears, What is the arrears? is it the amount I must pay to remedy the breach? Where is it stated in legal terms that I only need to pay the arrears so I can show the judge it is not a made up rule? How is it best worded and is there any other information that may help me. I got through the last case helped by Restons incompetence but I cant rely on every one being half baked.
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