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    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
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Hi,

I'm attending an Employment Tribunal hearing this Friday, and I need some advice please.

 

I was dismissed under Gross Misconduct for Fraud, asI used to sell insurance for handsets. 3 customers rang in to say that they didn't want the insurance, so the company thought that I had applied the insurance onto their account to get bonus from the company in a fraudulent manner.

As a good sales person, the company didn't believe me, they just think I acheived a good conversion through deception.

I was a happy individual, now I am on medication for depression and I am scared to tears about what will happen on Friday. In addition, they said that this case has been brough in a vextacious and revengefull way to obtain monies from the company.

 

Any and all advise will be appreciated greatly. Thank You to anyone and everyone who replies in advance.

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?

 

 

Hi,

 

No

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Hi Innocent Victim,

 

Are you being represented at your tribunal?

 

Have you sought advice from ACAS/CAB?

 

 

Awaiting your response ...

 

In answer to your question - Going to the toilet is a human right. You dont have to put your han up to go to th toilet, & it is common in a call centre environment to 'account' for every minute of the day. If you have a medical condition which means you have to go frequently or you have to be away from your desk a lot longer, you cannot be penalised for this. Get a medical note to support this if applicable.

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?

 

 

as above


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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OK, I take it you are denying the allegations entirely, was this just human error?

 

Would it have been worth doing anyway- surely the commission payments are not so high that it benefits you greatly, so you could argue that there was such little gain it would not have been worth doing anyway.

 

What evidence is against you?

 

3 customers called in to say that the insurance products was applied onto their accounts. No calls were recorded to prove my guilt & they dont believe in my innocence. They think I committed Fraud to obtain bonus from the company.

 

Notes printed from customer's accounts, and managers belief in my guilt seems to be what they are basing their case on. I was a good employee, no addence, sickness or behavioural issues were outstanding.

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Had you noted accounts to suggest that the customers did want insurance when they didn't?


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Had you noted accounts to suggest that the customers did want insurance when they didn't?

 

Yes when applicable, but the customer involved did want the insurance & they have 14 days to change their minds, which i believe some customers did.

I believe the company's belief that I committed this act is an important point which I will addre3ss at the tribunal. My own manager said to me when I was escorted out of the building that he believed I had done nothing with any malicious forethought, it was just that 1 of the customers wanted to complain to the FSA which the company didn't want - they sacrificed one employee to protect the reputation of the company.

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ok, thanks for that. From what I understand, there is no way that fraud can be proved.

 

Ignore the big words and terminology, explain your position and your version of events, the chair will ask for evidence to support this, you do not have any, as the calls were not recorded, and therefore the issue cannot be proved nor disproved.

 

I think most employers would inform the police of fraud or alleged fraud, the fact there are no criminal charges suggests again that this cannot be proven.

 

The chair will also ask for evidence to support their allegations, they too dont have the solid evidence.

 

Please dont get your hopes up based on my advice, but I just cant see this going in favour of your employer.


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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Had you noted accounts to suggest that the customers did want insurance when they didn't?

 

disregard my last post.

 

I only noted customers accounts if the insurance has been accepted by the customer, & I had read out the Care insurance T's & C's.

 

If a customer had changed their minds after the product had been applied, I would have requested the product to be removed

 

Sorry about last message - its late & Im tired.

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no problem, my comments still apply- let them prove it. Good luck and keep us updated


Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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ok, thanks for that. From what I understand, there is no way that fraud can be proved.

 

Ignore the big words and terminology, explain your position and your version of events, the chair will ask for evidence to support this, you do not have any, as the calls were not recorded, and therefore the issue cannot be proved nor disproved.

 

I think most employers would inform the police of fraud or alleged fraud, the fact there are no criminal charges suggests again that this cannot be proven.

 

The chair will also ask for evidence to support their allegations, they too dont have the solid evidence.

 

Please dont get your hopes up based on my advice, but I just cant see this going in favour of your employer.

 

Dont worry - I appre3ciate your reply. I wouldnt be taking the company to an Employment Tribunal if I was guilty. My conversion was higher than anyone in the team and therefore, the only way they could interupt these results was to accuse me of 'fixing the stats' - by trying to acheive volume to obtain bonus from the company fraudulently.

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no problem, my comments still apply- let them prove it. Good luck and keep us updated

 

Thank You.

 

The onus is on them to prove that did commit Fraud. I will fight this, as this has caused severe depression & financial hardship>

 

I will keep you updated - Thank You again for your advice. I hope you read my reply to your 'convenience' question.

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