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    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      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
       
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Help with unfair dismissal for gross misconduct


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I am a builder / kitchen fitter who had worked for a small company in Hull for over 7 years.

 

During that time I have always done a few jobs on the side to make extra money, for example if one of our old customers wanted a repair then the boss would ask us to do it out of hours for cash in hand.

 

Sometimes, if it was a bigger job there would be two of us working at the weekend and even the boss has been with me in the past and split the money with me.

 

A few weeks ago, I was called into the office on a Friday and asked about a job for (lets call her mrssmith). It was a job that we had done a few months ago and she had asked us to go back and make a few adjustments which myself and a collegue had been paid 20 quid each for.

 

I was suspended and after a week, I received a letter asking me to attend a meeting where I could be sacked. The eltter listed 20 jobs that I had allegedly stolen from the firm and the letter witnessed 3 customers who agreed.

 

At the meeting, I stood my ground and proved with company invoices and timesheets that most of the jobs were for the company. I also asked for statements from the witnesses and it seemed that one was a made up name, and since the meeting the other two said that they agreed with me. The meeting ended with me still on gardening leave but they were going to investigate further.

 

After only two days the boss and a man i dont know came to my house, i asked them in but he said that i was sacked and handed me a letter. he also requested some equipment from the van - some of it was mine and i refused and he took the good drill and a few other powertools.

 

I have written to appeal and have been given a date of 3rd September next week. I dont hold out much hope as I think that they are trying to get rid of me on the cheap and it hursts after the years I have given them.

 

Can anyone give me any advice please, Im not sure what to do next and my bank account is already empty and it is so hard to get a job without a reference.

 

Do you think they might back down and offer to settle and if not it could be months before an appeal and i might not win.

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Hi ConsumerMark Re "Do you think they might back down and offer to settle and if not it could be months before an appeal and i might not win." In my experience employers will never back down. They have the resources and and you don't. So they always feel they have the upper hand. It takes great courage, tenacity and pigheadedness to stand your ground and fight them It seems that you have all that and more as you have already destroyed their reasons to sack you. The reality is that you are sacked and you need to decide where you are going from here on.

 

The first thing I would do is suggest you look at whether you have any legal protection insurance. You could have them in a home contents insurance or the like. Employment disputes are covered normally. Are you in a union (I suspect not)? Have you still got all the evidence you write about? keep it. If you don't sit down and write about all that has gone on. At some time in the future the company will need to disclose the paperwork they rely on and which was used in the meeting. Make notes of all the conversations you had with the bosses including the supervisors that allocated the jobs. Note the addresses, These customers will verify your story and can be asked for a letter or statement. It is all about gathering the evidence in and presenting it in due course.

 

It does sound like you need legal advice as the way you have been treated is appaling.

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Hi thanks for the advice. I dont have legal cover on my home insurance so I may have to look at a no win no fee advisor.

 

On a financial front, this site in a mine of information and I will be sending letters to creditors asking for a few months of breathing space which will hopefully make things easier in the short and medium term.

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You should be able to see an employment lawyer for 30 minutes free of charge, as an initial interview. If you don't know of any, the CAB usually have contacts, or maybe you have a local Law Centre?

 

HB

Illegitimi non carborundum

 

 

 

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I have been to the local CAB and saw two student lawyer for half an hour.

 

They said that I have a good case but as I was on a high wage of over 600 per week then they may not be able to act for me.

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  • 2 weeks later...

Just as an update, I had an appeal meeting which is hard to say if it went well or not.

 

However, after the meeting there was an off the record discussion where i was offered a sum of almost 4 months money (but tax free) and in addition the ownership of some specialist tools.

 

I have received a pre-compromise agreement which has been prepared by their solicitor and is basically a gagging order.

 

However it does not withdraw the sacking and the claims.

 

 

Also it does not say that I am being made redundant or similar.

 

Is the above two points important?

 

Im thinking that leaving a job for no reason would look odd to a future employer.

 

Also, if the worst happened and I need to claim benefits would my reason for leaving also be important?

 

I have been trying to read up on this but any advice is very very appreciated.

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Who was present at the off the record discussion? Sounds to me that they admit nothing but want shot of you and have basically offered you money to go quietly. If you ask me it sounds to me a bit cheap.

 

Off the record conversations usually are prefaced but the words "without prejudice" This means that you can discuss offers of money but are not bound by the discussions or writings unless you agree to the offers when it then basically becomes a contract .

 

How much would you be entitled to if you were made redundant? How do the two figures equate to each other.

 

If you were minded to go but it is only the money that is stopping you you could write back to them refusing that offer but making one that would be acceptable to you. If you did that you should always head the letter "Without Prejudice" that way they can't use it against you in any trial.

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just to say that the money offered is a lot more than i would be entitled to through the redundancy counters and im thinking that it is enough for me to stick my next out and start for myself.

 

my main worry is around the reasons for leaving and the wording. im worried that new employers will think i am crazy to walk away from a good job and if the worst comes to the worst i wont be entitled to benefits for walking out of a job. can anyone help with this?

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It sounds to me as though they sacked you without knowing what procedures they should have followed to do so. That is very likely to result in a finding of unfair dismissal by a Tribunal, so now they are trying to find a way out.

 

Does the agreement that they have asked you to sign offer you an amount of money that they would pay to a solicitor for you to take advice? If not then the agreement wont do them much good anyway.

 

In short you are in a negotiation it is up to you to ask for what you want from them.

 

Good luck

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I think I would take the money and negotiate the compromise agreement - perhaps with a decent reference??. After all you wont want to go back to them after the treatment, and it does give you a head start.

 

You wouldn't be entitled to benefits if you have received some redundancy payment, although you can sign on and if it isnt redundancy pay or pay in lieu of notice, then they will assess the case individually - if you are officially 'sacked' you are effectively in the same position with the benefits people anyway...and without the payout..go for it, and get a better job elsewhere, or get that business started!

 

just to say that the money offered is a lot more than i would be entitled to through the redundancy counters and im thinking that it is enough for me to stick my next out and start for myself.

 

my main worry is around the reasons for leaving and the wording. im worried that new employers will think i am crazy to walk away from a good job and if the worst comes to the worst i wont be entitled to benefits for walking out of a job. can anyone help with this?

Edited by helencb
clarification
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  • 2 weeks later...

Not legally qualified however from personal experience:

 

You can ask for a pre-written reference to be agreed as part of a compromise agreement and the reason for leaving. This is probably your best option as the stigma of "gross misconduct" is a hard one to shake as I know from experience. I was unfairly dismissed following my refusal of a compromise agreement after years of bullying finally lead me to refuse to do someone elses job anymore. I used my house insurance legal protection (another mistake) who insisted that I accept a settlement offer prior to tribunal and left me with no insurance protection and trouble getting benefits as I had "caused" my sacking because there was no tribunal statement that I had been unfairly dismissed and the employer claimed the settlement was "an economical" decision rather than the fact they had no grounds.

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