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    • I understand that the most recent promise was that the car would be delivered to you yesterday. Please could you bring us up to date. Did you receive the car? If so, is the car okay?  
    • On a side note – I think that if they didn't collect the items from you within the next seven days, then particularly given their size and weight – about 26 kg each – I would put Amazon on notice that I was going to be charging them storage. I think £5 per day is probably not unreasonable – although don't expect Amazon to be happy about it.
    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Hi,

 

I have a problem at work which if anyone has any tips to give me i would be grateful.

 

I recently applied for an internal position in a new store which i didnt get. A week ago i had an operation which relates to an accident at work that i had earlier on in the year. I only found out i was not offered the position after i hassled management for three weeks for an answer. Everyone else who applied was told within three days!

 

I have worked for this company a major high street fashion retailer for over 6 years and have never been given an appraisal and i thought i had an unblemished record. However I have forced the manager to advise me on the contents of my personal file and she revealed one manager has updated it with adverse information which then was used as part of the process to deny me a job in the new store. Never in all the years that i have worked there has any member of staff ever had accasion to speak to me about any wrongdoing. The manager has acknowledged that they are in the wrong updating and using that information and also that i have had no apprasial for 6 years giving my no chance to defend my self or receive feedback.

 

I am currently off recovering from my operation at the moment under a doctors note which they have received. This did not stop the manager ringing me on Friday and attacking me down the phone for an hour accusing me of all sorts because i threatened to raise a grevience about my treatment as i feel i have been treated badly, and differently to everyone else.

 

I now feel that my position is untenable and that i will subjected to more bullying and differential treatment when I return to work.

Have they broken any employment laws in any way with regard to updating files with adverse info without telling me, or no appraisals for 6 years, or indeed harrasment of me by phone when i am off under a drs note?

 

I am happy to fight them if they have !!

 

thx

 

Willow x

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Hello there. I'm sorry you're having a tough time. I think they've done plenty of things wrong and I see another cagger is hovering. Sorry if we duplicate information, but at least it'll show we agree! :)

 

You had an accident at work which resulted in an injury. Was anything done 'by the book about the accident', as in was it reported for a start? Will there be any lasting effects on you after the op? I mean over 12 months, to come under the DDA [Disablity Discrimination Act].

 

They haven't followed ideal practices and I'm sure other caggers will comment on the management side of it.

 

Ringing you while you're off sick is very bad practice. And threatening you for raising a grievance isn't on either. You can't be disciplined or badly treated for filing a grievance. Have you done this verbally or in writing?

 

I'm not sure about the ins and outs of updating your file, but it sounds wrong to me.

 

For now, look out a copy of your employment contract for us [i hope it's at home] and start writing out everything that's happened, in date order. You may need to use it later for your grievance.

 

Does that help a bit?

 

HB

Edited by honeybee13
typos.

Illegitimi non carborundum

 

 

 

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Hi Honey Bee,

 

Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.

 

company terms and conditions are now all online. So I will have to do some research in a bit!

Not filed grevience as yet, just through it into the conversation!

 

Willow x

Edited by willow1261
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'Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident.'

 

We've seen this before from employers, seems very sad to me when they caused the problem in the first place.

 

I'll PM you a link.

 

HB x

 

PS while you're amassing information, be sure to squirrel away anything they've put in writing, if you have it. Include emails, although I can see you may not have those at home.

Edited by honeybee13
PS.

Illegitimi non carborundum

 

 

 

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Have been onto ACAS today and they have advised me that if other part timers were having appraisals every year ( which they were) then i have been discriminated against as they have not done the same for me.

 

Also there are possibly Data protection issues as well as they have updated my file adversley and used the infomation against me without my knowledge. You can be called at home by work if you are off sick unless you are off with stress, but you should be spoken to in an appropiate manner.

 

Its looking like i might have a case.

 

Willow x

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Good for you willow. If you haven't already, write down notes of that conversation last week, because it certainly wasn't appropriate, was it?

 

What are you going to do next?

 

HB

Illegitimi non carborundum

 

 

 

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Excellent, get all the facts first. My only comment would be that if you haven't raised a grievance first, it might go against you at an ET. I know not everyone on the forum agrees with this, but some people think it's the best way to proceed. Grievance, then ET if not happy with the result.

 

There's always the chance that if you raised a grievance they might back down, although their past behaviour doesn't indicate they are like that. However, receiving the ET papers seems to have an interesting effect.

 

Please keep us posted.

 

HB x

Illegitimi non carborundum

 

 

 

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Guest Mrs Hobbit

Definitely raise a grievance complaint, this then shows that you are following the correct guidelines in dispute resolution.

 

You most certainly should have an annual appraisal at least. We used to conduct 1 to 1's monthly, everything was documented and any problems raised and sorted with an action plan signed by myself and the employee. These 1 to 1's also identuified any training courses needed or ones the employee would like to undertake.

 

Your manager should not have rung you at and raised the issue of the proposed grievance. This is s definite no no. Your manager can ring you at home if you are at home on sick leave. I would also be asking in writing to view your personnel file on your return to work. i woud also check with the ICO regrding the incorrect information on this file. The cmapany does have an obligation to make sure everything on your file is correct and you are aware of the contents. you should have an individual employment contract, not a generic on line one. A copyu oif your employment contract should be on your personnel file.

 

I am glad that there will be no ongoing effects from your surgery and that your recovery is uneventful.

 

As Honeybee suggests, please keep us updated.

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i have a free half hour consultation with a solicitor who deals exclusively with employment law on friday. i will have more info then and relay it back. it might also be useful for someone else.

 

willow x

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