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    • Hi all,   I am being chased by a debt collection agency or monies owed to an motor insurance broker. I took out the policy 4 years ago and after 3 months the insurance company cancelled my policy without any explanation. At the time I was told no monies were owed, then I received letters I owed in excess of £130. I ignored the letters and 4 years later this debt collection agency has contacted me to collect the monies.   If I paid the balance outstanding via the debt collectors portal, can they chase me again for any additional money in the future? Also can the debt collection agency leave negative mark on my credit file? At the moment there is nothing on my credit file. 
    • I haven't seen any legislation pertaining this, however because I have been looking at the consumer issues that may be why. He has now had the final letter before action letter and read it several times, however in his first response on my second 14 day limit letter he raised the issue that his health isn't good at the moment, which I believe is another fallacy, cars are still being sold and added to his page on autotrader.    If you could point me to the legislation you are reffering to then that would be most helpful and welcome.   TS have seen the invoice, and passed this on to his local TS.
    • it is not the only way to proceed and IMHO the wrong claim to raise, should you wish to raise one in an english court   if you really do want to raise the claim under consumer rights issues, i suggest you have a chat with TS again first and ask them if this is a good idea?   the pre contract info doesn't exist nor is applicable because you nor he ever entered into any contract covered by any consumer rights. he illegally sold you, a member of joe public, a car using a strictly traders only method.   i would hope TS point out the above and p'haps suggest you raise a different claim possibly encompassing this mis-sale and that you had no knowledge what he had ultimately done is illegal, nor that you ever agreed to do it anyway, as you now realise as a member of joe public, not a trader, you couldn't. you might even find TS will help, support and be involved with you in court regarding this too.   as it stands with cards on the table, he is under no obligation to pay for collection of the vehicle, you don't want to risk returning the car and never getting your moneyback - it's a stalemate where he is smiling still until you raise the correct claim.   although you have issued , 2 is it now, court warnings, it might be better to finally issue one correctly stating what you are going to do, then he might realise the penny has finally dropped and the game is up. there would be no harm in stating that to avoid such actions, should you pay me back by bank transfer the sum of the car and my initial transportation cost of xxxx, making £xxx in total by xxxxx date, i will not raise the claim.   The situation would then be far more serious for him and he might capitulate, inc refunding transportation costs, in the want of not being exposed in court, as there are numerous well publicised court cases whereby by traders have been hammered hard for pulling doing this scam on joe public.   another advantage of doing the above claim is you might get to keep the car for free, get all your moneyback.            
    • Hey guys came across this site today wow how great is this anyway.  here is my story    Car found on autotrader  £1800 merc  mot  vgc blah blah and stated had recon / gearbox fitted  / spoke to the garage selling the car and asked if they would take my faulty bmw in px it had issues which were explained to the garage  he said £900 cash and my car ok deal done    i drove to manchester in my car the owner was all chat and praise for the car he was selling and told me how it dropped its oil from the gearbox and how they fitted a new gear box so i thought ok im all good to go  deal done drove home    its now 3 weeks later and the transmission has failed  green flag recovery   i tell the garage this morning after looking into my rights and explained the situation   the person i spoke was trying to say its was his dads car and tuff luck buddy we aint helping u and telling me about the problems he fixed on my old car rather than help me with the current problem    the call ended as was in mid speak when he just hung up on me i text to explain thats no way to treat a customer    i have now written the standard letter as i found a template elsewhere  giving them 14 days to respond    I would like a little help with a follow up letter or my route to action after 14 days  as i dont think ill be getting a reply from them  regards patrick     
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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Hi,

I work at a printers in bradford and about 5 years ago I was given a written warning for taking some scrap metal from work (it was waste but my employer still classed it as theft). I am now in trouble with him again due to not agreeing with him talking to me like a dog and fighting my corner (he says it is gross misconduct as I argued my case and walked away from him when he started swearing). He is using my old written warning as a base to try to terminate my employment.

Am I correct in thinking the written warning should be removed from my file after 12 months? Am I also within my rights to walk away from him if he is being verablly abusive?

John

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Should say in your contract or employee handbook how long written warnings last, but generally it is 12 months at most.

 

If he is being absuive walk away.

 

Sounds like a possible Unfair Dismissal claim if they fire you.

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that opens up another bag of worms.....

 

We have never had a contract. I have worked here for 16 years and have always been told "its a family firm, we dont need contracts". We recently bought out another printers, all of who are on contracts, but none of the original firm has one, and on request get told "we wont be going down that route".

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A contract will be implied based on custom and practice of how you have worked over the last 16 years. The fact that nothing is in writing should not be a problem.

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And I believe I'm right in saying that if you don't have a written contract, then the terms laid out on the directgov website are assumed to apply. I also don't think a former warning can be resurrected after this length of time.

 

You could have a look at the directgov and ACAS websites for more information, and ACAS have a confidential helpline. Keep your cool, you'll get there.

 

My best, HB

 

Welcome to CAG by the way.

Edited by honeybee13
PS

Illegitimi non carborundum

 

 

 

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There isn't an automatic time limit to warnings, but to use a previous one which is five years old as a basis for dismissal would be extremely unreasonable if this misdemeanour is a minor one. Good practice is for warnings to last for a specified time, and thereafter, whilst they may remain on record, they should not be used as a continual stick to beat you with.

 

No written contract actually works in your favour in some circumstances as the majority of your contract will have been formed by custom and practice. As the disciplinary code is also not in writing, it also makes it very hard for an employer to defend an action for Unfair Dismissal, as with the exception of acts of Gross Misconduct which would be obvious to the employee were wrong, there is nothing to say that you should have known you were likely to end up in trouble.

 

Is the latest incident a serious matter, or would it otherwise be trivial? Have you maintained a good work record since the original warning?

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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