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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Suspended, Off Sick, Thinking of resigning - advise please


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Hi, I need some advise mainly for reference purposes if possible please.

I was suspended last week under suspicion of gross misconduct. Too be honest I did not do what they are claiming but I can see how it looks and it looks bad for me. I am not too bothered as I want out of the industry I am in although I have worked in it for 10 years and for this specific company for 2 1/2 years. I was then signed off work by my doctor before the investigatory meeting took place so could not attend on grounds of stress/depression which are not related to the meeting itself but is related to the industry I'm in. What I want to know is if I resign while I'm signed off and my notice period expires before I am able to attend any meeting what will this mean for any reference I may need. Will it still state resigned whilst pending investigation? or are they more liable to not mention that as they would not want to be opened up to me suing them for defamation of character?

 

Thanks in advance. I would rather not go into specifics (although I guess i could expand a little if required) as this is a fairly unique set of details which may be recognisable to anyone who reads this forum.

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Will it still state resigned whilst pending investigation? Very probably, yes. or are they more liable to not mention that as they would not want to be opened up to me suing them for defamation of character? It's the truth you are suspended pending an invetsigation for gross misconduct - it is therefore not defamation to tell the truth!

 

I would not recommend depending on an employer not mentioning this - even on basic references, most potential employers will specifically ask about reasons for leaving and/or investigations/disciplinaries. Some employers must ask - or tell - by law or regulation.

 

I may be being somewhat perverse, but if you did not do something, I cannot see how having done nothing could "look bad". Things that "look bad" are, by their nature, actual "things" - "nothing" doesn't look like anything because it doesn't exist! And having just utterly confused myself with that utterly esoteric argument - it's simple. If you did nothing, then you defend your position that you did nothing, so that you can leave with a clean record. If you did something, then depending on what that something is, you need to decide what your next step is.

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I would suggest you see it through to the end especially if you are still being paid. Spend the time whilst you are suspended in trying to sort yourself out - be it by getting help for your stress/depression or by preparing yourself for a new position. If you didn't do what they said then it should show up in any investigation. You should receive the evidence of what the investigation has unearthed and if you feel there is a question that they haven't asked of certain people which you believe would help your case then request it gets asked.

I know what you are going through as I have been there myself. Keep your chin up and stay strong as hard as it may be. Don't resign just yet as it could look bad for your next job and besides the suspension may be lifted and the charges dropped. Then you can walk away with your head held high stating it was time for a career change.

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  • 1 month later...

Hi

If you are still off sick and have not left the job, sit tidy you are getting paid. Play along until the very end and then resign

 

Regards refs Employers are obliged to provide honest references and can be sued for liable if they dont. As a result most employers tend to stick to basic information anyway. Fred worked for x years he did this he did that

However they can also add the number of days you were off sick to a reference if they want.

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Hi, I need some advise mainly for reference purposes if possible please.

I was suspended last week under suspicion of gross misconduct. Too be honest I did not do what they are claiming but I can see how it looks and it looks bad for me. I am not too bothered as I want out of the industry I am in although I have worked in it for 10 years and for this specific company for 2 1/2 years. I was then signed off work by my doctor before the investigatory meeting took place so could not attend on grounds of stress/depression which are not related to the meeting itself but is related to the industry I'm in. What I want to know is if I resign while I'm signed off and my notice period expires before I am able to attend any meeting what will this mean for any reference I may need. Will it still state resigned whilst pending investigation? or are they more liable to not mention that as they would not want to be opened up to me suing them for defamation of character?

 

Thanks in advance. I would rather not go into specifics (although I guess i could expand a little if required) as this is a fairly unique set of details which may be recognisable to anyone who reads this forum.

 

James,

 

I went through a very similar issue myself, as a result of which I built up quite a detailed knowledge of employment law and am now called back by the HR department to advise on awkward cases.

 

Mine didn't involve any allegation of misconduct, but if you did not do it, I honestly think you ought to fight to clear your name. As you say, it's difficult without knowing specifics, but the advice given so far about sitting tight for as long as you're being paid is good. Also make your employers aware of the MALG guidelines which probably kick into force for the reason you're off sick.

 

If you want to share any details with me, feel free to pm me - I'll send you one in a minute. I will know very quickly whether it is something I can or can't help you with, but may well be able to point you in a particular direction if it isn't something within my spectrum of expertise.

 

pm heading your way.

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Hello Tingy. We haven't seen jamesmac since late November after his one post on the forum. Under the new site rules, he will have to have 5 posts before he can PM you. It's a kind offer though.

 

My best, HB

 

Thanks HB!

 

I must remember to look at dates of posts. I keep doing this! Put these words into a sentence......

 

Tingy wazzock a is!

 

lol Thanks anyway.

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Please note the following from the site rules

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?9-Forum-rules.-Please-read-these-before-posting

 

d) Offering to advise members by PM or email without good reason - If it is felt that a subject is "sensitive" and would be better discussed off-forum, we ask that members contact a member of the site team BEFORE asking for contact details. This rule is in place to protect our members from claims touts, and also to ensure that any advice given is open to debate, qualification, and where necessary, correction.

 

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Hi and thank you for that. I had a feeling I'd get a message like this when I made the post as I'm well aware of the site rule. I tried (but failed) to word my post carefully. At no point did I say I would offer advice via pm, I just said if there were sensitive issues that he did not want to disclose in public (as he mentioned in his post) he could send those in pm and I'd know whether or not I'd be able to help.

 

I do a lot of work with employment law (in a specialised area), but usually very serious resulting in people either keeping or losing their jobs and am invited to do so by three different councils round here, one where I used to live in England and two in Wales who've heard of me since moving here and use my services. My intention with this was to see whether it fell within my area and if it did, take it from there, if it didn't tell him so, so there was no point in contacting the site team as it was not at that stage.

 

Hope this all makes sense, and thank you for the reminder anyway - it is better to be safe than sorry!

 

Tingy

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Hi

Regards the bit about adding the number of days off sick in a reference i think the recent changes in the law would preclude an ex-employer from mentioning sick records to a new employer

 

No it wouldn't. The Equality Act only clarifies and enhances existing legislation regarding recruitment and selection as it relates to Disability. Information regarding previous absence is still relevant to the recruitment process in order to assist the new employer to facilitate reasonable workplace adjustments in the case of employing a disabled person, or in making an assessment of suitability in a non-disabled prospective employee.

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

 

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Hi

 

I think this one for case law to come?

The way i read it, the legislation is designed to stop employers using disability to exclude a new employee, hence the medical questionnaire after they have offered you a job. Don't forget the DDA95 prescribes that employers are required to offer disability facilitates regardless. i.e. that the workplace is disabled friendly, it's not for the disabled person to have to request any reasonable adjustments?

Moreover i think that this legislation is a follow on to X -V- EEC [2005 i think] in that the EEC said that because an employer had a medical assessment for all employees, that the employer could not rely on the Courts to make a determination about whether the employee is disabled or not. There was an assumption that the employer would decide for themselves the extent if any, of the disability of the employee [i.e. do they meet S1 of the DDA95?]

It therefore could be argued i would suggest that a reference that alluded to a medical issue [which may or may not fall under the terms of S1 DDA95] would fall foul of the new legislation leaving the ex-employer as well as the new employer open to prosecution. In effect a reference which alluded to a period of time could be construed as providing the new employer prior knowledge of what they might consider a detrimental employee? The aim of the legislation is to ensure that those people who are disabled under s1 DDA95 are not discriminated against in their application and successful offer of employment.

Thats my slant on this

What do you think?

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I agree, but I don't think having days off sick with a cold or flu or hangover or whatever could ever class you as disabled. Given the clear intent of the new law change, I don't think it unresaonable to ask for an able bodied persons' work attendance record. Let's face it, if you're always off sick, your reference will knacker you anyway!

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Hi Tingy

 

Thats the point as an ex-employer you are undermining the legislation by implying that Joe/Fred/Sue are off sick a lot. You are providing the new employer with the opportunity to simply disregard the employee on a safety first bases. The problem the new employer will have, if he scatter guns all employees with a reference that said he was of sick a lot he is liable to not employ a disabled person. Not employing a didabled person is why this legailation was enacted and the new employer is in dead stuk, 'bang to rights me lord'

It is unlikely that an employer will want to run the risk of getting caught out?

However what they will do undoubtedly is word the application form in a way that makes it difficult to avoid disclosing disability and no i can't think of one at the moment. Like i said case law for this one

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I am all for employing disabled people. Indeed some places I go to because that is what they do (a fantastic cafe on Anglesey where all the people who serve you are disabled in some way - brilliant place!).

 

Any disabled people I know (not that many) are in work and work hard and well at their jobs as far as I know. At the other end of the spectrum you do have people who swing the lead and "throw a sicky" at the drop of a hat. In my opinion, these people should have this fact revealed in their reference. As someone who writes a lot of references for people, whatever the law, certainly within my area there are certain phrases that are used that show basically whether or not their current employer thinks they're fit for the job. I always try to write honest references that will enhance people's prospects of getting the job, but to be honest, sometimes it is impossible and in those cases I always advise they ask someone else, but sometimes they haven't even asked if they can use me, in which case that is what I put on the reference.

 

Legislate all you like, but people will find a way round it.

 

I'm not saying this is right, but I think it is possibly true!

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Yeah, Party Pooper!

 

In all seriousness though, since Roblynmouth has sought to reopen a month old thread with an argument which might be misleading to those who later try to apply this thread to their own situation, it is important that further comment is available in order to give a balanced view.

 

Whilst the opinions relating to the Equality Act and sickness absence recorded on a reference might later be tested in law, the fact is that presently the EA adds little that is different to previous legislation, and an employer may seek, and reasonably use sickness absence as a factor in assessing suitability to a position, providing that this does detrimentally affect the chances of a candidate with a disability. Employers should clearly differentiate absences which result from an employee's 'disability' and those for more general absences and take care when relating these to any prospective employer.

 

Where I do agree is that there may well be challenges in future which clarify what should and should not be related to a prospective employer.

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

 

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Hi

 

Whilst i may have inadvertently reopened an old thread, i note that the first post is dated 21st November some two months after the introduction of the EA! and at least two threads have put over as 'fact' that employers can add previous sick records to references. whereas the best legal advise i have seen is beware of adding sick records to references given the implications of the act?

The law is the law is the law until the law tells you otherwise, as Denning used to say. I for one would challenge anybody supplying medical records as part of a reference. Then let the law pick the bones out of it

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I believe that the point that you originally made was that the Equality Act would preclude an employer from either requesting or providing information regarding the levels of sickness absence in a previous employment. The Act makes no such provision, but serves to remind employers that they should not give a misleading impression of a candidate's reliability or otherwise where absences have been due to a protected characteristic. Therefore, employers should be especially careful that absences deemed caused by the protected characteristic should be recorded carefully. Employers should avoid any assessment of a candidate's health prior to any job offer being made, but may still make an offer conditional on receiving satisfactory references, and any apparently negative information should then be discussed in more detail with the prospective employee and mindful of the provisions of the DDA and EA. It is therefore 'fact' that an employer can add details of sickness absence to a reference, and the best legal advice seems to be to take extra care, rather than to ignore this information altogether. The Act most certainly does not serve to allow employees with a habitual sticky mattress syndrome or a history of taking a couple of sickies a month to be employed without question - it does though place a greater responsibility on employers to ask more questions about absence levels before rejecting a candidate.

 

You are absolutely right however that any employer should be open to a challenge - that is only right, and of course no medical records may be requested without the permission of the prospective employee, although details of overall levels of sickness may still be sought regardless.

 

Nothing wrong with a debate, and there will doubtless be cases in future which tidy up the law.

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

 

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