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    • 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.
    • Hi folks, it's been a while but I'm back as I thought I would be. I didn't know where to post this as my original thread is now closed so sorry if I'm in the wrong place 🐵   BW Legal are at it again and after me. https://www.consumeractiongroup.co.uk/profile/393677-ncp-hater/content/ Here's the latest episode. This looks a bit more official. do I need to appeal to "them!!!!" 🤬 ????   Judge and jury ggrrr  !!   Many thanks  !!!
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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

Disciplinary Action, Breaching Contract.


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Hi, could someone please give me some advice as i am a bit confused about a contract and working hours.I work part time and have signed a contract of employment stating that i work 20 hours per week .My question is when is the contract in use and when is it not? When i am doing those working hours i.e 9-2 if i "clock off" at 2 pm am i still under that contract even though i have finished my working day.When is the contract in effect only during working hours??I'm sorry but i am a bit confused ??

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The contract relates to the mutual obligations during the hours specified. If the requirement is for you to attend work between 9am and 2pm then you are under contract for those hours only. HOWEVER, certain actions which take place outside of working hours may be deemed a fundamental breach of trust (eg Gross Misconduct) even when they occur outside of working hours. Examples could be an assault against a colleague which may cause disharmony in the workplace, certain criminal activities which may affect your ability to do the job (driving, working with vulnerable people) or be likely to bring the company into disrepute.

 

A contract may refer to specific standards of behaviour in the workplace, but it may also involve certain expectations outside of work. Not wearing a uniform outside of working hours would be an obvious one for which you were only under contract whilst in the workplace, however being arrested and charged for lewd behaviour and causing adverse publicity for the company might be deemed to make it impossible for continued employment.

 

No easy answer - it depends. A little more of a clue into the circumstances might make it easier to give an opinion.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi, thanks for the swift reply. The Breach if Contract is to do with staff searches and my refusal! i was on the premises leaving via staff entrance but the search was conducted after my Clocking off!! This is were i'm confused if i am still under the terms of the contract should i not then be paid, just need some clearance on the matter before i decide what to do,Thanks..

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The employer will no doubt have a search policy which should clarify the circumstances under which you may be searched, but I know from my own experience that the small print requires me to accept a search at any times whilst on the premises. Searches can be undertaken after I have signed out of a premises but not after I have left the premises, unless there is cause to believe that I may have removed property, in which case my vehicle can also be searched.

 

In many retail premises for example, staff clock out in a different area to the exit from the building, hence it should be specified or generally accepted that a search may be undertaken whilst on the premises, not necesarily restricted to 'in working hours'. If the search policy is not specific, then you should be entitled to raise a grievance to that effect. Similarly, if you clock off at 2pm and have to catch a bus at 2.03pm then you should be able to complain that the search policy is likely to cause inconvenience. Not altogether a good idea just to refuse without knowing exactly what the policy is and precisely why you are unwilling to submit to a search though!

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Oh Don't get me wrong i didn't refuse the search(technically) i was actually in a rush to be somewhere very important (i won't mention were on here) i produced what i had on my person that can be clearly seen but i didn't stop i explained that i was finished..It's just i was in a rush but they are claiming that i did refuse a stop and search.Really all i am guilty of is not waiting in line.I was not concealing anything (It was just my Judgement was a bit clouded on that day which i explained)But as you know when you do make a mistake everyone else has the perfect Human Being Syndrome!

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And I take it you are now being disciplined?

 

If so, then you need a copy of the company's search policy and to raise a grievance about the fact that asking to search staff in such a way as delays leaving the premises can, and in this case did, make you late for an appointment. You produced the contents of pockets etc and stressed that you were due elsewhere. That, you feel did not constitute a refusal, but the time being taken, and manner of the search you feel was unreasonable on that occasion.

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Yes i am being Disciplined,Thank you for your helpful replies they have been a great help! I will use that as a defence as it clearly states in my Fact finding Interview that i did have to be elsewhere and i stated that my Judgement at that time was a bit clouded..

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May i ask another question, I now have been informed of the date of the Disciplinary interview which is Tuesday(After Bank Holiday Weekend considering i got the letter today Saturday!) can i contact the Manager involved and delay the proceedings in order for me to gain a copy of the Company's search policy? Also to raise the grievance about the staff search do i need to do this before the interview or during?

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Yes you can. Although the employer does not have to accept an adjournment, it would be unreasonable to refuse without a very good reason. Suggest an alternative date to allow sufficient time to form a defence, gather documents and arrange (if desired) a colleague or Union rep to accompany you.

 

As far as the grievance is concerned, you can do this prior to the meeting so long as you are able to get a copy of the policy beforehand otherwise you are unsure of the grounds for the grievance. Strictly speakiing they should then address the grievance and suspend the DH, but they may decide to try and do both at the same time!

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There were also CCTV images that were shown to me at the time of the the fact finding interview, Am i allowed to have a copy of the images that were shown during the Fact finding interview?

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Yes, although you may have to obtain these via a SAR. They may have grounds to deny the request if the images also identify other people though.

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Sorry about the delay in my reply getting a bit stressed about the procedure!Trying to ignore it until tomorrow but getting difficult anyway thanks again for all your help..

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