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funkyparott

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Everything posted by funkyparott

  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. I've just had this letter. We told them last night we were looking to move all our accounts mortgage etc to another lender. To be honest, the person on the other end of the line couldn't care less. We've been with them 10 years plus. I do feel sorry for the call centre staff, they must be taking a lot of pressure at the moment and I realise its not their fault. I don't know who to transfer to. I have a nasty feeling all the banks will follow suite. I just can't believe they can get away with this. The arragonce of banks amazes me. Has anyone read the pamplet that came with the letter? In particular, the section 'why are we doing this'. I can't quote verbatim as I'm at work. It was along the lines of getting rid of complicated charge structures and making charges more 'transperent' for their customers. What a load of old.......
  7. It is an old wives' tale to say it is unlawful to give a bad reference (something I here a lot of people saying in RL). I think this misconception comes about because often an HR department will only give a very 'bland' confirmation that an employer worked somewhere between given dates, due to fear of providing a 'dodgy' reference. Think about it. If I gave an actual 'bad' employee a glowing reference to a new company. Say that employee repeated their performance at the new company and lost them money. The new company could possibly sue me for misrepresentation (assuming they had the evidence to prove). I'm certain that any reference they have to give must be 'balanced' and 'fair'. So, while it may be true that you had some days off sick, if you were otherwise a good worker, then they should mention this. I think maybe it might be worth having an honest chat with your new employer about your concerns. Honesty and integrity goes a long way in my book....
  8. You are quite correct, apologies. However, prior to 2000 they were know as Stipendiary magistrates. "Until August 2000 these District Judges were known as Stipendiary Magistrates, but were renamed in order to recognise them as members of the professional judiciary" (source: Magistrates and Magistrates' Courts)
  9. That is not always the case. What happens if a particulary grumpy Stipendiary magistrate is sitting? (a single, legally qualified mag who sits alone). Stipendiary magistrates do sit quite often in the magistrates court. I would be inclined to listen to what your solicitor recommends as to the best venue for your case. Magistrates are sometimes seen to 'side' more with the Police. If this case is not particulary strong, I bet you CPS drop it if you go for Crown Court trial. Crown Court judges do not take kindly to the CPS presenting 'flimsy cases'. As I said, I'm sure your solicitor can advise. For an indictable offence (which theft is), as has been pointed out - this is an either way offence. Your solicitor will probably advise you that the punishments handed out by Crown Courts on guilty pleas tend to be more harsh than if from a magistrate.
  10. I'm really sorry, but speaking as an ex Police Officer I can honestly say the majority of 'private' security personnel I met did not know the law and were not shall we say, 'intelligent' of human beings. I beleive this is an area we need a lot more regulation in. How much training does a private secuiry person get? Maybe two or three days? Compared to the best part of a year a Police Constable is put though. I'm sorry, but this is just my personnel opinion and I feel very strongly about it. People deserve to be treated fairly, not patronised by a 'rent-a-cop' who has not been trainned correctly (and this comment is not made in reference to any posters on this thread)
  11. The legislation has changed. I think you are referring to the term 'arrestable offence'. There was an old definition of what an arrestable offence was:- 1: Offence for which the sentance is fixed by law (eg murder) 2: Arrest for which a person over the age of 21 on first conviction *may* be commited to prison for five years or more. 3:... (sorry, I can't remember the rest. Its been a while since I left the force!) SOCPA is now the power that dermines whether an arrest is lawful. Under Socpa I believe the 'any person' power of arrest is only for indictable offences (for which Theft doe fall under)
  12. Is the PRS appointed by the Government? From what I have read, they are a self appointed group. They state they collect revenue on behalf of recording artists. Is every single artist a member of their society? Suppose I create music and want nothing to do with PRS, but still don't want people playing my music on the radio. How do I get my royalties collected?
  13. I'm pretty certain they can't treat you less favourably. Someone will be along soon who has more expertise I am sure. Out of interest. Do you need to express milk? I'm certain the law provides that the employer has to make provision for this and your working environment must be suitable (e.g a clean warm room - and not toilets).
  14. I appreciate I may struggle to prove this on the 'balance of probabilities', but I am telling the truth. Looking at the screw top, I don't believe I would have been able to tell whether it was previously open. If you twist the lid up tightly, it is flush with the sealing ring below (if that makes sense). I may not be a consasuer of fine wine, but I know what wine should taste like :o) I will write a letter to the Sainsburys head office expressing my dissatisfaction with the good name of Sainsburys which I had previously implicitly trusted. I don't see the point in taking it much further, I just wish the manager had taken me a little more seriously initially.
  15. I purchased a bottle of white German wine from Sainsburys on Monday. The cost was £6.97 and the product had stickers on indicating it had won several awards. Imagine my dismay when after cooking dinner for my partner we sampled said product to discover the bottle contained nothing more than a high volume of what I believe to be water. T The bottle lid did come off quite easily. It was a screw top bottle with no shrink wrap seal on it. (consistent with the other bottles on the display). I suspect someone had opened the bottle, drunk it and refilled with water. Possibly this may have been a return or possibly a member of staff (of course I have no proof of how this occured). I have phoned the store and the manager was not remotely interested. He stated I could return the bottle for an exchange. I don't for one minute think this would be common practice in Sainsburys. I was not impressed with the manager's attitude. At the end of the day, I can only assume it was water inside the product and nothing else untoward. Now, I'm not expecting the world here. Our meal was ruined as a result of this purchase. Would I not be reasonable to ask for a small amount of compensation (£7 perhaps) and a contribution towards my fuel costs for having to attend the store to return? Cheers
  16. Isn't this case concerning a fisherman selling his boat? The claimaint purchased a boat and claimed the boat was not of satisfactory quality. The fisherman (defendant) argued that his main business was catching fish and not selling boats. therefore s14 did not apply. The court held the claimants view that the sale must comply with s14. Not sure how this fits in here though. Perhaps someone who has read the case in more detail could advise?
  17. Ah, I don't believe the case I refer to will be of any use to you then!
  18. Easy for me to say this as I wasn't there:- If the alarm went off and I was stopped I would ask them, "Are you arresting me"? If they asked for a search I would advise them they were not Police and not empowered under PACE section 1 to conduct a search. I would carry on unless they arrested me. If they arrested me I would remind them of their duty under SOCPA so far as alerting a Constable. Its very simple. I would not offer any violence if arrested (there are stated cases where the law suggests one should comply with the arrest) Most store security staff in my personal opinion are not very clever.
  19. There is a recent stated case that says goods purchased through a business in some circumstances do fall under the consumer laws.
  20. Does the ASA's opinion hold any legal weight? I didn't think they had any legal powers whatsoever. How can something be advertised as 'unlimited' (as the major selling point, in Bold typeface) then in the terms and conditions mention made of a fair usage policy without being unfair? It does seem very misleading. Is there not scope here for a breach of the unfair terms in consumer regulations?
  21. Okay, here is another perspective. From what I have read, some of the employees may be committing a criminal offence. I'd suggest they could be commiting offences under the Protection from Harassment Act and possibly section 4a of the Public Order Act. I don't know whether the Police would crime this for you. It sounds like a 'hate crime' to me. The Police are obliged to record any such crimes. A hate crime will receive greater priority. If you decided to report this, you may have to speak to an Inspector if a PC refuses. Ask them about their guidelines from the Home Office so far as hate crime is concerned and threaten to make an offical complaint. I think you will be surprised at the response you get, but you may upset them as you will be 'rattling their cage' somewhat. My force had the following definition of a hate crime:- "Any incident, which constitutes a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate." The Police *may* be able to use your own evidence if you had it (secret recordings), so long at they have not prompted you to collect it. I don't think they would need a RIPA for that.
  22. RIPA concerns the obligations of public bodies, not private indviduals.
  23. I was wondering. Do you have a friend that owns a company? Could you not ask them to write to your old employer for a refernce? Depending on the content of any reference received, you may be in a position to take legal action. I don't know how a court would view this as it does seem rather sneaky.
  24. Why not serve a DPA subject request on the exam board. Will be a lot cheaper than £50 plus you get confirmation of your awards (admittedly not on a nice certificate).
  25. In my experience, local magistrates will not be impressed at all if you try to dispute challange due to a minor typo on the summons. Assuming you are found guilty, you will probably end up with CPS costs added to any fine for such a challenge.
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