Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3310 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Somebody opened an account in my name and extracted just under 5K. Instead of involving the police the bank, which I will call GnatAntiEast, decided to remedy their mistake by suing me.

Following the advice on this site, which I have found very useful, I put in a CPR 31.14 request for the agreement. They offered to agree to extend the period for defence submission by 2 weeks AFTER I had the agreement. My questions are:

 

Does the defence period for submission deadline have an absolute maximum and if so what is it?

Would the court agree to a contingent extension?

Does the agreement returned have to have identity evidence that may have accompanied its original submission?

Can CPR 18 be used to expand details from the agreement while the track is undecided?

 

Especially in a case like mine, most of the evidence lies with the claimant, and usually in the small claims court, forcing disclosure is not an option. I noticed some discussion of 'Directions' as a proxy for disclosure at the Allocation of track stage.

How successful has that proved to be?

 

If 'Directions' prove not to be an option has anyone found using a counterclaim of defamation ( for > 5K) or harassment a useful tactic?

 

Finally some more general questions:

The chequebook/credit card/debit card was not delivered to my address. Is the bank so incompetent to permit collect of these items from the bank branch or have them delivered to some other address?

If the post office was used to redirect mail is there a database listing such diversions?

 

I have reported this to the police. The problem is that they do not regard me as an injured party and frankly didn't seem that interested. I told the bank I had reported the matter, giving crime number and contact details but they had the brass neck to came back saying that they had phoned but the

police weren't getting back to them! My feeling is that they fancy their chances with 'on the balance of probabilities' rather then 'beyond reasonable doubt'.

I did start the SAR route but as it is an identity theft case I do not have the correct signature. As I do not intend to give them id data that would bolster their case I am considering a notary. However if I end up in the small claims track I believe they can refuse to divulge data; additionally they can delay for 40 days.

I had no communication with the bank until letters demanding payment.

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...