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Downsway

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Everything posted by Downsway

  1. Thanks @unclebulgaria67. The company are saying the grievance appeal window has now closed. I have contacted my solicitors again as i haven't spoken with them since the company have given this verdict on the grievance. When asking for a settlement would you have any advice on this? i.e should I name a price? (My solicitor has stated if i won then the claim would be £11k on their initial investigation). Unsure as to what the compensation would be now they have not followed their own procedures? Should it be sent to them directly or through the solicitors?
  2. Hello everyone, I hope you're all well. I am reaching out to seek advice regarding a complex situation I've faced with my former employer. Below is a summarised timeline of events that I've encountered: Timeline: 2017: Joined company. No issues in performance, no support plans etc. Regularly teach other colleagues new areas of the business. 2019: Went on maternity with first child Beginning of August 2020: Told by my manager they desperately needed me back at work as it was so busy. I asked if I could come back on reduced hours (16hrs as opposed to 38hrs pw). August 2020: Unexpectedly made redundant, which appeared linked to my request for reduced hours due to pandemic-related childcare needs. Staff told not to talk to me by the MD so i received a letter through the post. September 2020: Stated I would seek legal action as I was not consulted on the redundancy process (it was completely unexpected). The following week I was told that another business meeting had taken place and that they could offer my job back. I accepted it back. October 2020: Returned back to work and returned redundancy money. March 2021: Advised company I was pregnant again and was worried with stress due to the previous time with them. June 2022: Returned from maternity leave; patronising comments on part-time hours made during team meetings. September 2022: Told my role wouldn't allow progression due to part-time status. Stated this was because I could not have my own clients to deal with that meant I was disadvantaged in progression. They explained 2 of the 4 team members had now been prompted to ‘senior’ team members. December 2022: Received less annual leave (11 days instead of 11.2); HR suggested I "forget about it." December 2022: Company closed a day early (on a day I didn't work) due to targets met; no recognition for my contribution. January 2023: After giving 4 weeks notice to leave the company due to the ongoing mistreatment and lack of progression. I was informed the remaining annual leave was 1.1 days; advised to take 1 day only. January 2023: On my last day, the MD completely blanked me. April 2023 (within 3 months of leaving): Went through ACAS, tribunal Lodged grievance against company and Managing Director. Spoke to a couple of colleagues that felt exactly the same way, one is still employed, the other has left. May 2023: Case accepted by tribunal for October 2023 Preliminary Hearing. Grievance meeting held after numerous cancellations: Inaccurate minutes recorded for grievance meeting; I corrected and resubmitted them but no acknowledgement. Grievance and Appeal Process: Grievance found they had not discriminate against me. Appeal: Escalated grievance to CEO as per company policy that states if the grievance is against the MD the appeal is decided me the CEO, received no response, and later was informed the appeal window had closed. August 2023: Letter from their solicitor stating I had not followed appeals process correctly. If I uphold my complaint to the court then they would exercise their right to claiming expenses unto £20k. Current Status: I believe these incidents point to potential discrimination and unfair treatment. While I sought legal advice, my solicitor expressed reservations that although I may win on sex discrimination, the amount would not be essentially ‘worthwhile’ (it is part of legal cover my partner has with his job). Your Advice: Considering this timeline, do you see grounds for discrimination and unfair treatment claims? Given the legal threats and my solicitor's reservations, what would be a recommended course of action? This ordeal has taken an emotional toll, and my goal is to seek fairness without unnecessary legal expenses. If you have made it down this far, thank you! your time and advice is appreciated.
  3. Back in October last year, the case was transferred to my small claims court and scheduled for late January 2023. Mainly because EVRi stated they were not available for several months. A new legal rep emailed me (Judy Cobbett) asking to settle out of court but only offering £24.95.. At first I ignored their message, more out of principle as I wanted them to have the expense of court. I responded a few weeks later stating I would only settling for the full amount. So they wanted proof of the item value. This was contested at the early stage as I did not opt for insurance or state an item value. I used the ebay item page that included the item value, delivery address and tracking reference. They immediately offered me the full amount. They kept to their word and have now paid. IN FULL. All in all and for anyone having a similar case, this all took around 11 months to settle. I sold the phone back in mid-feb 2022 and after the warnings to EVRi took out the MoneyClaim in May. Things generally go abit quiet after this until mediation a couple of months later, which didn't work in my case. I read there can be pressure from the mediator to settle but i didn't have any of this in my case despite not budging on the settlement amount, I did waive the interest fee. As the mediation 'failed' the case was sent to a track hearing which was moved to my local civil court where they request dates of your availability to attend. EVRi basically put they were not available for several months. But I stayed with it, at this point the money was not important but the principle of them getting away with losing or stealing my parcel. Eventually they paid up but avoided potentially losing in court. Thanks to @BankFodder for his excellent assistance and at times, blunt advice . Donation sent. Good luck to whoever goes through this process (i'm sure there will be many) but the biggest challenge is not giving in as they will drag their heels as much as possible.
  4. Mediation Today 1st Call - Gave brief outline of the claim and confirmed I was happy with mediation. Mediator is going back to EVRi. 2nd Call - Stated I didn't take out compensation, value of the claim. £24.95 max they would offer. I stated the item was sold the day before which i have item information including the tracking ref, delivery address etc. and that the photo taken by them clearly shows it damaged and ultimately opened/empty. Happy for judge to make a decision. Happy to avoid costs for them not to go to court. 3rd Call - Offered £300 as this is their maximum they would offer due to their policy?? So in total £304.96 Amount declined. Going to court. They had already stated they were not available until December, sounds like another tactic to make you settle. Will update with the court date.
  5. Mediation booked for 20/7 No screenshots of booking. Have item value on eBay item summary with tracking ref and delivery address.
  6. The value of the item automatically applies a level of insurance at a premium. To send a parcel undamaged and expect it to arrive in the same condition is a reasonable expectation. Their delivery photo shows this to the contrary. To state the value and consequent cost for insurance is only insuring the company against themselves losing or stealing the item. I have paid them for a service to deliver a parcel from a to b. They have failed to complete this by their own evidence and therefore the terms of contract and insurance clauses are irrelevant.
  7. EVRi filed their defence this morning (on a Sunday! ) via email which appears to be a fairly standard response with the £20 item value. @BankFodder HermDef1.pdf
  8. Thanks @BankFodder. In a criminal court, where defendant enters a non guilty plea you are required to provide evidence whether key, non-key, rebuttable presumptions etc. This is my area of expertise but civil proceedings is new to me. Well aware of the Evri antics, they appear to wait until the last minute each time from the multiple stories I've read of the last few months. Like I say, just wanted to make sure. I'll post it up as soon as received for your direction. I shall request a judgement on Monday first thing should I not receive a response.
  9. @BankFodder Deadline for Evri is coming up on Monday. Just wanted to check if I've missed anything in terms of providing evidence by this date as in a criminal court this would be considered an anticipate Non-Guilty plea. Evri have until this Monday 13th June as they have stated they wish to defend the entire claim. As yet I have not received any correspondence/defence from Evri. So far I have issued the claim and provided the summary of key evidence however have not produced any evidence I. E. photos etc. I take it this is provided if or once Evri provide their defence? I have the photos now ready to go. My key evidence is the delivery photo they took at time of delivery aswell as photos taken from each side of item being sent and received. My plan is to request a judgement should this still be the case on Monday where I suspect I can then provide the photos?
  10. Evri / Herm es have filed an an acknowledgment of service. Stating they will defend all of the claim. They now have until 13/06/22 to file their defence.
  11. @BankFodderThanks, I have completed the money claim form now and await for it to be issued to EVRi. Will keep you updated.
  12. @BankFodder Particulars of Claim attached for your feedback. Thank you once again. Much appreciated. Particulars of Claim cons.pdf
  13. @BankFodder here is EVRIs response: Thank you for getting in touch regarding parcel xxxxx. I’m sorry to hear that you encountered an issue with this delivery, I can appreciate these situations can be frustrating for both yourself and your recipient. Unfortunately, we are unable to proceed with your claim as Evri must be made aware of the issue relating to loss, damage or late delivery within 28 days of the parcel being received into our network, as stated in our Terms and Conditions, specifically 6.1: ‘6.1 We need you to notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. The sooner you make your claim, the easier it is for us to investigate.’ You are able to contact us either by calling our Customer Services Team or submitting your query to our virtual assistant Holly, available 24 hours a day. Unfortunately, the request for a claim form was made outside of this time frame and so your claim has been rejected. I’m sorry for any inconvenience caused by this, however, we will be unable to issue a compensation payment on this occasion. If you have any queries regarding another parcel in the future, please contact your Evri Customer Service Team and we’ll be happy to help. Kind regards, Muns 2658
  14. @BankFodderHi, this was in response to the LOC sent 21/04. (it is posted above) I will now commence legal proceedings unless advise otherwise?
  15. Received a response from Evri stating that due to not reporting the matter to them with 28 days they can no longer deal with a compensation claim. I will now move onto the next stage of legal proceedings.
  16. Thanks @BankFodder. I have seen varying info on whether to post AND email or just post? Should I also include my address AND email address?
  17. @BankFodderThanks, I have produced the LOC attached following research on the forum. Can you advise any edits? Also, any advice on phrasing the companies negligence under CRA? I.e should I instead state fail to deliver, deliver damaged/missing goods etc? LOC CA.pdfLOC CA.pdfLOC CA.pdfLOC CA.pdf
  18. @BankFodder@BankFodder no, I've submitted a (their own) 'Damage Claim Form', which includes eBay ID and photo taken by them at time of delivery. Thanks
  19. Situation update: Herme s/Evri Still awaiting response to the claim form submitted on 02/04 and was responded to by Evri that they are investigating with a 28 day time limit. Unless anyone has any other advice, at the moment I will await their response. Ebay EBay have messaged stating the payment they tried was unsuccessful and my payouts are on hold (I haven't used ebay since this). Advice please -Should I pay eBay at this point or let it runs it's course?
  20. Thanks, yes reported it stolen to Immobolise. EBay confirmed I was under the seller protection but apparently when the dispute is taken by a payment institution then they no longer offer it. Absolute farce by all accounts.
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