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    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I 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.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
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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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