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    • Who actually carried the items? Was it Hermes? I understand that you declared that they were loudspeakers and that before you enter the contract you were told that they would be protected for loss only and so you took out an insurance to cover that risk – is this correct? I'm afraid that if that is correct then there is probably very little you can do. Was it provided to in writing that these would be protected for loss only?   
    • Hi Peter,   I recall Barclays required the account to be brought under a stated threshold. I presume that the failure to comply would allow immediate payment and the filing of a default.?  
    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

urgent info needed by the morning pls


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hi mariefab, he told employers the weds b4 that he wouldnt be in on the friday at least tahts when i took a turn for the worst he works a 7 on then 3 off then a 7 on then a 4 off, hes been more than accomodating to there situations in the past re training other staff etc and help on promoting and building the business structure, and would of course work any rest days to make up, losing a wage is not an issue in my husbands book we will manage we always have done, putting our children in an alien enviroment that could potenitally cause them harm etc is not an option, hence why we dont have any involvement with my family, if we were to be offered respite then great i would openly accept with open arms, taking aside our personal incidents the company is corrupt ill managed and incompetant, and is the only company (that i no of) that would stage an employee for bein off sick whilst the employee is lying in a hospital bed with a mashed up leg that has been caused at work but hey ho lol thus is life i appreciate ur sound advice many thanks

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It's not always advisable to put that sort of information on the forum, bartymuv. We had one lady here whose OH's employer used her posts on the forum against him when he was disciplined. Employers watch the threads on CAG.

 

HB

Illegitimi non carborundum

 

 

 

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I know what you mean. You're quite right not to post anything confidential that could prejudice your OH's case later on. Some people put lots of names on and are promptly advised to take them off.

 

Apart from your own confidentiality, CAG could get into a lot of trouble with a company that decided information in the public domain wasn't to their liking. And we want CAG to continue :).

 

I hope I don't sound too sanctimonious here, must lighten up...

 

HB x

Illegitimi non carborundum

 

 

 

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lol Hb,

 

update rang acas and as far as they are concerned they said reasonable time off could work in our favour as we are deeming there time limits to be unreasonable and definately follow with a grievance over there demands and suggestions, got a letter from the works today outling acas guidlines and they have deemed the time off to be unautherised and and will be acted on accordingly on return to work on tuesday, acas suggested to offer to work rest days and withdraw some holidays to cover 4 missing days, its ok offering this to the company but they wont accept it has been refused in the past so think its just a wait and see acas also suggested that it should only be at worst a disaplinary but again knowing the company its more likely to be a dismissal any thoughts anyone??

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I'd act now on part of ACAS' advice and fire off a letter (recorded delivery) offering to work some of his rest days to make up the missed working time and/or deduct the days from his holiday entitlement.

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thanks mariefab Oh was just going to mention it on tues at his "chat" but i suppose in this informal chat if it went further to a disaplinary that "could" be denied and that he hasnt offered to do that at all am i right in thinking that he needs to be given written warning of a disaplinary hearing etc they cant turn round on tuesday and say can u come in and voila faced with 2 people, he is going to ask the question is it informal or formal if so he needs representation,and reconviene goodness knows who hel get all his colleagues have always asked him to represent them lol

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If the wording of the letter he's received from his employer doesn't clearly indicate whether the proposed meeting on Tuesday is intended to be a return to work (investigatory?) meeting or a disciplinary meeting; he could ask, in the letter suggested at #34, that they clarify this so that he can make arrangements for representation if necessary.

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hi the wakers7,

glad you rang acas, they are the best people to speak to, also have you tried consumer direct, another one is what about social services, a few years ago i directed someone to this, after speaking to them on their behalf first, and they sorted something out big time for them, i feel so sorry you are having to go through all this, at a time when you need help, compassion, empathy, and love, take my love from me and receive it,

and god bless you.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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hi mariefab the letter just said the absence will be dealt with accordingly so i would assume a back towork interview then possibly a dta eto return for ivestigation etc etc, many thanks t.q i will do, unfortunatley OH seems to be sufferng in silence a little bit hes got an upset tum (prob thru stress) etc, iv done his letters and also a diary of events phonecalls and exactly what was said and when better to be fore armed in my opinion, after many years of struggling financially with the hectic life of family and finances and the very good advice of cag we get some assistance money wise so at present it wouldnt be devastating if he lost his job, yeah life would have to change a little but wed pull together he wants a diffferent job theyve made his life a misery but he wants to leave the job and straight into another on his own terms as they say its easier to find a job when your in a job, he does take his role as sole monetry provider very seriously but im sure we will get there in the end, il give consumer direct a go as well theres no harm, il keep u informed have a great night and take care x tw7

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hiya another update, the very nice postman delivered a letter from Oh works today summonsing him into a disaplinary hearing on friday(wait for it 13th aug) it states the following:-

 

You failed to obey a verbal instruction from ur manager in that, you were informed you could not take off w/c 2nd august 2010 as emergency dependents leave, and that further absence would not be autherised, yet on the 2/3/4/5th aug you failed to report for duty. This is a serious matter that could result in the termination of your contract of employment without notice or payment in lieu of notice

 

then it says the usual about taking people in for representation. Is it me or is this seen widely as a common flaw of being able to get rid of people they dont want, a manager can decide what is appropriate and reasonable for time off for dependants leave then just get rid because they decided 3 days off was too much time off.

 

the lines i wish my OH to go down is the previous emergency leave he has had off at some point over the years,(ie his dad dying) has exceeded these 3 days but the problem has not been as bad as a result of me being in hospital so my line of thought is why is this time its not ok, but no doubt they would come back with well this time we were exceediningly busy, but in my opinion they stick to the same rule and cant change it when they feel like it, what are your thoughts people

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bit of an error here i sounded very callous with the fact saying OH dad dying wasnt as bad as me being in hospital didnt mean that at all meant he was given longer time off (digs a hole for herself)

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HI, the wakers7,

 

talk about kick a dog when it's down, CAN SOCIAL SERVICES NOT DO ANYTING TO HELP YOU, DID YOU RING THEM,

as i said before i spoke to them a while ago on behalf of someone, and they sorted, they actually were great.

it really is disgraceful the way you are being treated. t.q.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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hi t.q not done as yet in what aspect do i need to ring them for help with the kids so OH can go to work or from a saftey point of view so we could get some official back up with lnot leaving them to look after me?? sorry if im sounding a bit dense tonight, but my head is spinning lol

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ive just been on local website its not all about kids is it theres a whole range of stuff that i might gain access to, ive also thought about my health visitor a bit of support there as well, (she visited me when i had breakdown) another thing is, is that one of my sons has behaviour problems which many people are aware of and cannot just be left with anybody there is no suprise that this company is acting like the way they are, there is another route, we could go down , the company "running" the company isnt the owners or anything like that they won a tender to run the company, the company is owned by a larger more succesfull organisation, so maybe getting them involved also may come to fruition

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o.k. what is it you actually need, do you want someone to come help look after the children, do you want to see if the s.s. (social services) will negotiate or talk to your o/h employer, what is it you actually need, post on here, and i will have a look on their site for you. totiequoties,

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Care at home/just come out of hospital that is something just found on the social services website but you would have to click on what area you are in, i looked at hampshire one.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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the negoiations would help a great deal, i am on the mend so help for me isnt necesary at the moment, but never say never for the future especially if im going to need an op in the near future thanks t.q uve been a great help

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the negoiations would help a great deal, i am on the mend so help for me isnt necesary at the moment, but never say never for the future especially if im going to need an op in the near future thanks t.q uve been a great help

 

it is my pleasure

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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hiya me again, OH went to work yesterday and it seems quite apparant that there are some certain supervisors which are in cahoots with the manager that has caused all these problems at work, silly little games the first one whilst OH was off part of his uniform was missing off the top off his locker (u have to wear it) its been found miles away so someone has taken it so Oh gets in trouble for not wearing it and has had to file a report there is some other stuff going on today as well which of what im unsure of as of yet as hes been dragged into the office apart from sitting in the office and demanding he speaks with someone more senior what else can he do?? any ideas

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Hello again. How are you feeling, any better?

 

I hope you're keeping a note of all this in case you need it later.

 

Do you think the games are bad enough to warrant a grievance and does he have any proof of what has happened? Does the firm have an HR department he can speak to in confidence?

 

HB

Illegitimi non carborundum

 

 

 

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hiya HB yea im feeling better, got to be really lol thanks for asking well i have said to raise a grievance especially if fun and games are carrying on, hes been trying to get representation as well yesterday and today and one person he asked is on a late shift the night before so unless work change his shift he cant go in with him the othere thing that he was colelred for todady was he was talking about the disaplinary (trying to get help) and the supervisor has had a go at him saying you are not allowed to talk about it upstairs(office ) is going bananas surely u can discuss it theres no investigation going on that could jeopdise Oh postion

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