Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • HP Mum
      Private Land parking issue

      By HP Mum · Posted

      It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • dx100uk
      Private Land parking issue

      By dx100uk · Posted

      Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • HP Mum
      Private Land parking issue

      By HP Mum · Posted

      I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

disaplinary hearing monday 2nd june at 10am

magic28
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5849 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

bingowings

bingowings

Posted
Posted

Magic you can claim JSA its not much but will help you out in the meantime. Plus jobcentre staff can help you find new employment. You maybe able to claim other benefits. You would need to contact your loan co. to see if they would take a payment break just till you get back up and running.

Link to post
Share on other sites
  • Replies 111
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

tezzah

tezzah

Posted
Posted

Have you been given the chance to appeal? You could appeal against the severity of the sentence imposed on you. You could ask them to reinstate you based on your previous 15 years experience, maybe at another location so they don't lose face and maybe in a role where you do not have the opportunity to steal though this may be difficult since the theft could money or goods. Even a shelf stacking role involves handling goods. Are there any roles where you could work which doesn't involved handling goods or money, maybe collecting trolleys or something?

 

We would usually dismiss where i work however we may also remove the employee from their position and reduce their grade so they don't handle cash etc if they have a good record.

 

Just my 2p worth.

Link to post
Share on other sites
magic28

magic28

Posted
  • Author
Posted

hi tezzah

 

yes they said i could appeal but there is no point now.i told them at the meeting i was sorry and said i would pay back and change depts, i even said a store transfer but she just threw her weight about.

my union rep thinks its because she was new and she was trying to prove a point by humiliating me in the process.

ive been told to write a formal letter to head office about the incident yesterday.

thanks

Link to post
Share on other sites
tezzah

tezzah

Posted
Posted

Ah but she is not the appeal manager. It will be for the appeal manager to decide. What do you have to lose, the worst they could do has happened. Have you asked for copies of the paperwork relating to this matter, ie statements, notes etc?

Link to post
Share on other sites
magic28

magic28

Posted
  • Author
Posted

hi tezzah

no i have no copy of anything in the meeting,if you read my earlier messages i was shipped away soooo fast by the police my feet didnt touch the ground and my head was all over the place to even think about the notes.

im writing a letter to one of the main men at head office. not sure if appeal would do anything as my rep said they followed all the rules set out for the meeting except the police and the escorting from the building.

just my luck to get a new manager who i guess was trying to gain brownie points......

Link to post
Share on other sites
bingowings

bingowings

Posted
Posted

I can't see an appeal being upheld as the thefts were admitted. Technically you were arrested although released under caution for the offences later that day. Your union rep should have intervened if they felt that you were being treated unfairly. Personally would you really want to go back and work for them? Knowing that you could be watched all the time. People talk, everyone would know.

Link to post
Share on other sites
magic28

magic28

Posted
  • Author
Posted

hello bingowings

i wouldnt work again for tesco,

my union rep was gob smacked as to how fast the police was there.they must have planned it all.

my union rep is trying to get hold of her own manager to tell her what happened.

as for people talking not one person has rang me at home to see how i am.

i will keep you posted as to whether i get a new job soon.

Link to post
Share on other sites
PI Guy

PI Guy

Posted
Posted
They must have planned it all.

Correct! That's exactly what we used to do except we would do it at the end of the investigation interviews (if the evidence supported it). That's what happens when you steal.

 

It's extremely unlikely that any appeal would succeed.

Link to post
Share on other sites
bingowings

bingowings

Posted
Posted

Its times like this when the chips are down that you will find out who your real friends are. So long as you have the love and support of your partner and family, you will come through this. Take care and keep us posted.

Link to post
Share on other sites
Allwood

Allwood

Posted
Posted

Not sure if this will work but why do you have to say that you worked before, you have a family and therefore that is a full time job. So if and when you get an interview why say that you worked for Tesco say that you were bring up a family. Do not know if this is legal or not but it is worth a try do not put your previous employer name on an application form for any job in the future.8)

Link to post
Share on other sites
GuidoT

GuidoT

Posted
Posted

Despite your transgression, you seem to be a good person.

 

I would call it a day with Tesco and move on. They are making an example of you, as I would expect them to.

 

You would be surprised what good can come out of something that seems bad, i.e. your loss of job.

 

As difficult as it may be, try to remain positive.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites
Allwood

Allwood

Posted
Posted

As far as I am aware your P45 will have tesco name on the part that you keep the employers one just has your tax reference number on it. I am sure there must be someone more qualified to help you with this.:mad:

Link to post
Share on other sites
version302003

version302003

Posted
Posted
Not sure if this will work but why do you have to say that you worked before, you have a family and therefore that is a full time job. So if and when you get an interview why say that you worked for Tesco say that you were bring up a family. Do not know if this is legal or not but it is worth a try do not put your previous employer name on an application form for any job in the future.8)

 

I would think this is probably the worst and last thing Magic28 should do.

She does not want to get a job and then be looking over shoulder for her entire employment and if found out then be dismissed again.

Link to post
Share on other sites
tezzah

tezzah

Posted
Posted

Would an ET treat her the same. Have they followed the correct procedures etc, if they haven't she could have a claim. Whilst i don't condone theft etc they are still obliged to follow some basic procedures.

Link to post
Share on other sites
Allwood

Allwood

Posted
Posted

I cannot understand your reasoning version302003, does she not work again because her employer may not give her a reference, why should she keep looking over her shoulder, if she is doing a good job then her employer will have no needed to question her. She would not be telling lies on her application form only omitting her previous employers name from it.

 

However, as far as I am aware her previous employer cannot keep her from working again by continuously giving her a bad reference I think that is against the law but again I am not qualify on this. Have a word with a CAB about it.:roll:

Link to post
Share on other sites
Allwood

Allwood

Posted
Posted

But what about a reference that is her problem, she does not want to be seen as lying also.

 

I would have a word with a CAB and see what they have to say about getting a reference in her situation and the consequences of not getting a job becasue her employer will not give her one.:(

Link to post
Share on other sites
version302003

version302003

Posted
Posted
Would an ET treat her the same. Have they followed the correct procedures etc, if they haven't she could have a claim. Whilst i don't condone theft etc they are still obliged to follow some basic procedures.

 

 

You are right in that there are statutory grievance procedures which must be observed, however an ET can not be won simply by an employer not observing them. The ET decides on the facts of the case and then if you win decide if you can receive extra amounts due to failure of not following the procedures. If you lose on the facts of the case then the employer will in truth get a slap on the hand unfortunately.

 

ie You can take your employer to ET due to unfair dismissal but you can not take them to ET soley for not following the statutory grievance procedures.

Link to post
Share on other sites
version302003

version302003

Posted
Posted
I cannot understand your reasoning version302003, does she not work again because her employer may not give her a reference, why should she keep looking over her shoulder, if she is doing a good job then her employer will have no needed to question her. She would not be telling lies on her application form only omitting her previous employers name from it.

 

However, as far as I am aware her previous employer cannot keep her from working again by continuously giving her a bad reference I think that is against the law but again I am not qualify on this. Have a word with a CAB about it.:roll:

 

My reasoning is clear, it is wrong on such a serious issue to lie on applications and CV's. I donot condone lying.

Link to post
Share on other sites
tezzah

tezzah

Posted
Posted
You are right in that there are statutory grievance procedures which must be observed, however an ET can not be won simply by an employer not observing them. The ET decides on the facts of the case and then if you win decide if you can receive extra amounts due to failure of not following the procedures. If you lose on the facts of the case then the employer will in truth get a slap on the hand unfortunately.

 

ie You can take your employer to ET due to unfair dismissal but you can not take them to ET soley for not following the statutory grievance procedures.

 

Hi matey,

 

I am not looking at the grievance procedure, i'm looking at the dismissal process. Was she dismissed fairly, was a proper investigation carried out and so forth. I don't condone what she did however i have represented a few ex Tesco employees (all have settled the day before for some odd reason :D ) and they are notorious for not following procedures and being heavy handed.

Link to post
Share on other sites
Allwood

Allwood

Posted
Posted
My reasoning is clear, it is wrong on such a serious issue to lie on applications and CV's. I donot condone lying.

 

I suppose you are right but I fear that she will not be able to get further employment due to not being able to get a reference.

 

The only other thing I can think of is why not go self employed for a while and get work temporary. Or advertise what you are good at in a paper or a card in your local shop doing odd jobs for a while.

 

Also have a word at your job centre and see if they can help you regarding a reference. :evil:

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...