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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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    • 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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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
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Hhhmmm? getting a bit confused here, just read that a subject access request is for all imformation that is held on file for you.. HSE said to ask for this, I was originally just after a copy of my partners accident report form.... but the S.A.R. is for all info held... might hold fire on this until after the appeal is heard...

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Hi all....

I am writing for advice on how to word a letter I am sending into an employee requesting information for an accident at work that has been the central cause of my partners dismissal. (which we are appealing against) I have just spoken to the HSE who informed me of what to ask for but unfortunately could not write as fast as she spoke, so would appreciate someones opinion on how I have worded this and if it makes sense:roll:...

thanks in advance!

 

Dear Sir,

 

Under the Legislation Act Section 7 Part 1: I have a right to make a subject access request for data held on myself by @@@@@.

Therefore please can you provide me with a copy of my accident report form which was filled out on @@@@@

 

It is also legal requirement of the health and safety regulations that a R.I.D.D.O.R. report should have been filed for the days that I had off work due to my injury sustained at work. Therefore can you please provide me with the report number and the date the report was filed with the HSE.

 

Yours faithfully..

 

Dear So and So,

 

 

Data Protection Act 1998 – Subject Access Request (SAR)

 

Please supply me with a complete list of information relating to my employment with XXXXXXXXX, retained either electronically on your computers or manually, in files. That includes, not exhaustively, manual intervention as written reports compiled by any member of your staff, manager notes (either manually written or electronically stored) compiled by any supervisor or manager.

 

Additionally, where there has been any event in my employment history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my employment history with XXXXXXXXX.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the maximum statutory fee of £10.00 (Ten Pounds). You have forty days in which to comply.

 

I remind you, in the meantime that, pursuant to The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), cases of over-three day injuries must be notified within ten days of the incident occurring, consequently, could you provide me with a true copy of the report which has been filed with the Health and Safety Executive.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

 

 

Hope that helps...

Edited by Bigredbus
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  • Haha 1

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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WOW !! bigredbus where do you get your knowledge from? you are very good, blown me away lol...

 

I shall wait for my appeal to be heard then submit this to them, I think they will not know what to make of it though lol..

 

Do I have to pay a fee of £10.00 I will do if required just HSE never mentioned it, and as we have no clue to whether partner can claim unemployment benefit for a possible 26 weeks? every penny is precious..

 

Many thanks for your GREAT advice bigredbus.... :)

Edited by sack6470
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You would have to pay the £10.00 as it is a legal requirement.

 

By sending this letter, you are requiring them to send you ABSOLUTELY EVERYTHING they hold about you in your employee's file, and, in addition, a true copy of the report sent to the HSE...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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No problems...

 

Bad move on their side... Telling you, during a disciplinary hearing that they filed a report with HSE when, in fact, they did not!

 

You definitely want, and need, a true and signed copy of those minutes...

 

:D

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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All you can gather now will help your case...

 

They won't be able to rely on their minutes if there is no such minutes... or else... the said minutes are incomplete or unsigned!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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so if and when we recieve them, if we do not agree with them or want something added that has been left out... do we write back and say it has to be amended before signing? or just send them back unsigned ?

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Have you made an application for benefit?

Get it in ASAP if not, along with Housing and Council Tax Benefit.

It's not written in stone that you'll not get benefit if you were dismissed. You might need to appeal though.

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Went to benefits dept on monday, then had 2 phone interviews for unemployment benefit and a third interview tomorrow in the benefits office... then await outcome.. H.B said they will wait for us to declare if we recieve any unemployment benefit before amending our H.B. so have suspended it for now (was getting small amount already)

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[Hi 'elpulpo', nice to see you around...]

 

No... do not amend, or request any amendment of the minutes...

 

The minutes should have been signed at the end of the hearing... Upon that, generally, a kind and dexterous P.A. would type them, so they are more legible...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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No minutes shown to hubby to sign at end of d.h

So is that common practice for that to be done that way at a d.h, employee to read over them there and then and sign to agree them then nicely typed up ones forwarded thereafter...

 

so really if they are not to be amended. (if they ever send them to us)

is it really just another way of showing their incompetence if it goes to a ET?

 

Blimey we would have replied pointing out the bits missing etc! which obvioulsy they can then say, they dont recall or was never said (there word against hubbys) but then hubby had a co-worker in with him that remembers what was said. so thats good.

 

so requesting the minutes like has just been done with appeal letter, we do not try to get them adjusted, but keep note for our sake of what has not been put in etc, incase it goes to ET?

Edited by sack6470
oops, keep getting my employee/employer mixed up.. corrected now!
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Hi, if you are appealing against a dismissal, and the time to write and request an appeal has not elapsed as yet... should the company still issue your P45 before that date? Is that ok to do that or should they have waited to see if an appeal was submitted by the deadline date they set?

 

Thanks in advance :)

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Have you been issued with a P45?

 

They are anticipating to uphold their decision... It could be argued that they should have sent the form once the course of disciplinary action has been exhausted. However, they could have done so to avoid delaying any Jobseeker's Allowance claim or avoid delaying starting a new job.

 

Now, you should, with the colleague who attended the hearing, write down what has been said at that meeting.

 

Did you receive a true and signed copy of the minutes of the meeting?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

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Morning. Yes recieved the P45 yesterday, deadline to appeal was by today. Appeal letter was sent in along with a request for a copy of the minutes of the d.h which had not included with the dismissal letter.

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Very good morning to you too...

 

Excellent...

 

Let's see if they send the minutes... in the meantime, write down all you can remember about the hearing...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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