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    • Just an update.   My colleague did not want to ring them.  The saving of the application fee was/is not as important as getting a swift set aside and he felt the best way was to apply to the court for set aside without a hearing.  He has done so and the court has sent an acknowledgement and assigned it to our local Court, so we now wait for something else to happen, presumably either a set aside or a Hearing. 
    • They have now replied this   Thank you for your email,   Looking at the information you have provided, subsection 7 which you have highlighted states that this applies from the time your right is exercised, this is the date you raised the complaint, as no payments were made after this date there is no refund to provide.   There is also no deposit in this case so there is nothing to refund in relation to this.   We have now diligently answered all your questions and as previously mentioned your final response will be sent to you in the post.   Thank you
    • Update The engineer who's been looking at the van was unable to borrow a circuit board to do a temporary swap to test. His and Truma's recommendation was that I take the van to them as the fault it was displaying was something they'd not come across before. I rang Truma Friday morning and it was going to be the end of October before I could get an appointment. Then the engineer said that they'd had a cancellation that morning and if I got down to them immediately (a 40 mins journey for me) they'd look at it. They rang me late Friday afternoon and to cut to the point they may have fixed it, it's still on test there today, they'll let me know the outcome later. If it's not the circuit board which they've changed then it's another problem with the solar system on the van which is nothing to do with them. I've kept Marquis involved by email and phone. But because I've acted without giving them another chance to deal with the fault will I still have any claim or not ?  Thanks 
    • expecting civil replies instead of using adjectives and verbs like "shut up"
    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
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Bullying in the workplace!


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I have a friend who was bullied by a male manager at A Well Known Retail Store. I witnessed my friend being bullied and unfortunately, could not complain about it because I am still employed by this company.

 

The male manager spoke to my friend aggressively, overloaded them with work and discriminated against them.

 

My friend was bullied for over a year. Over this period, my friend made several complaints to HR and their line manager's boss who is the Company Secretary of the parent company. None of the managers did anything to help my friend in anyway and instead supported the manager who bullied my friend.

 

My friend was bullied by their work colleagues in front of other people in the business for raising a grievance against their manager.

 

The company refused a request from my friend to be transferred to another department while the grievance was being heard which would have prevented further bullying by colleagues in the team.

 

My friend then went off sick immediately afterwards and this time for several months. During this time, the company did nothing to help my friend return to work. My friend was forced to resign.

 

My friend has pursued employment and personal injury claims against the store concerned. I am considering leaving the company as soon as possible, because I cannot stand working for a company that has no sympathy for people who are bullied in the workplace and instead support this type of behaviour. I would not recommend working for This Company.

Edited by Sidewinder
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Apologies for the moderation, but we cannot have the company name included in an unsubstantiated allegation of this nature.

 

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Good for you for publicising this - there is far too much of it going on in the workplace. I tell you what I would do, but I am a devil, I would now file a greivance about what I witnessed going on and say it had made me feel terribly guilty and I couldn't live with it any longer (Not far from the truth in my case - I watched this happen to a colleague of mine before it was my turn and I know I should have said something at the time.... don;t worry too much about her though, much better job, and suing the bottom off them with me bringing up the rear with my claim!). Stir up a right old hornets nest as high as you can before you leave, follow the grievance right through, see if they are stupid enough to fire you for demanding your rights etc.... You may laugh - I did just this and it caused a rather large company to completely rewrite their bullying policy (or rather very quickly introduce one!).

 

You go for it.

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Hi Beware... I posted on this link previously but it doesn't seem to have logged in. Anyway I would also say that what you are planning is very noble. So here is a couple of legal pointers.

 

First of all ensure before starting any action that you have in place a legal protection policy covering employment disputes (and as was pointed out in another thread that it covers discrimination issues if you can although perhaps that is what is happening now ie exclusion of DDA matters). This is because if you create the waves that are anticipated then you may well be in need of it. It can be very stressful.

 

I take it that you could and would make a statement to your friends solicitors in furtherance of his dispute. Does that dispute have as an allegation some form of discrimination as you state eg Race Sex or Disability Discrimination?

 

If you raise the grievance and mention by name the bullying and discrimination you witnessed and the company and its managers then start bullying you because of it, the fact that you raise a grievance (ie a process that could end up in an Employment Tribunal) you could raise as a secondary grievance an act of victimisation on you (even if you don't have a disability, racial or sex allegation of discrimination).

 

It might help if you co ordinated all this with the friend / solicitor as they will know how far up the management chain this discrimination has thus far reached.

 

jackieandwayne... I know what you mean on creating new policies around your complaints.... in my wife's grievance they created a new policy, substantially rewrote another and two others had to have substantial additions to them. The funny thing is that even after all that work the policies are ILLEGAL because they seek to negate the law of the land and so are worthless in law. They are there to confuse and justify management lies.

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  • 2 weeks later...

Thank you "papasmurf1cx" and "jackieandwayne" for your

advice and support. I have spoken to my friend recently and it

appears that this claim maybe in the public domain in a matter of

weeks.

It is appalling that a UK leading home and general merchandise retailer with families as their primary customer base can encourage bullying in the workplace.

 

.

Edited by Beware!
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