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    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I 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.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
    • you can't park there nor leave your car parked there during zonal times.      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Appealing Gross Misconduct to clear my name for referencing reasons


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Hi all,

 

I stumbled upon this website from a Google search and I've been reading some historic posts and it certainly seems like you've been able to help a great deal of people.

 

Story is:

 

 

  • 8th June 2012 I was fired for Gross Misconduct because of "process, performance and brand".
  • I joined this business on the 27th June 2011 (2 weeks short of being there 1 year).
  • I realise I don't have any rights to sue my previous employer as I wasn't there for a full 12 months (even though they decided to may me in Lieu of Notice and had they served the normal 28 days notice that would have taken me past 1 year's service).
  • I simply want to clear my name of this Gross Misconduct so they can provide me with a proper reference and I can say that I have left on my own terms.
  • I do not want to work there again because I felt they were trying to get me out of the door and I have since found another job (I start tomorrow 10th July).
  • Will it weaken my case if I say I don't want to work there again? - Note I work in the recruitment industry which is very incestuous so even though they can't give a 'bad' reference I have already put down on my reference contacts for my new position that my reason for leaving them is "currently under negotiation".

I have sent a summary (I had to send email from my iPhone as laptop died on me) of why I want to appeal (I can attach/send as private message if requested). They have since emailed me back asking for all reasons for appeal and that's why I'm now in an internet cafe to send them more detail, once this is sent through we will arrange to meet or deal with the appeal by phone/email (which is likely to be only option for me as I've already started at the new job)

 

I have looked through Acas and also spoke to their consultation line.

 

I'm wondering if there are any sample appeal letters or templates I can use to strengthen my case?

 

Also I have since joined the Union but they won't support with a current case and with the company being a sales company I doubt any of my previous colleagues will want to get involved because it's very easy to lose favour within sales environments.

 

 

  • In short, the outline of my appeal is that the rule I broke isn't a written rule in the employee handbook or contract and that they didn't follow the process (didn't tell me I was going into a disciplinary meeting so I didn't have time to prepare).

Many thanks for your help,

 

Ed

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Hello and welcome to CAG. I hope the guys will be able to get here over the course of the day with advice for you.

 

I don't believe there is a template letter, because everyone's case is different, but maybe someone will be able to give you an idea of what to say.

 

I'm afraid you won't be able to private message anyone yet and you should also be cautious if someone who doesn't have a history here contacts you, especially if fees are mentioned. We don't recommend advice this way in any case, for your own protection and so that advice can be reviewed by people on the forum.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi, Welcome to the CAG

 

Sorry to hear about your troubles.

 

If you were dismissed on June 8, then appealing it on July 9 maybe out of time. Most employers only give a certain window of opportunity to appeal a disciplinary decision, normally up to about 14 days.

 

If you have this proof and such then why did you not submit this to the disciplinary chairperson? There is nothing stopping you writing to your former employer outlining your case and asking for a reference to be made for you. Perhaps even a grievance. However there is no real statutory reason that an employer has to hear a grievance once your contract has been ended.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi all,

 

I stumbled upon this website from a Google search and I've been reading some historic posts and it certainly seems like you've been able to help a great deal of people.

 

Story is:

 

 

  • 8th June 2012 I was fired for Gross Misconduct because of "process, performance and brand".
  • I joined this business on the 27th June 2011 (2 weeks short of being there 1 year).
  • I realise I don't have any rights to sue my previous employer as I wasn't there for a full 12 months (even though they decided to may me in Lieu of Notice and had they served the normal 28 days notice that would have taken me past 1 year's service).
  • I simply want to clear my name of this Gross Misconduct so they can provide me with a proper reference and I can say that I have left on my own terms.
  • I do not want to work there again because I felt they were trying to get me out of the door and I have since found another job (I start tomorrow 10th July).
  • Will it weaken my case if I say I don't want to work there again? - Note I work in the recruitment industry which is very incestuous so even though they can't give a 'bad' reference I have already put down on my reference contacts for my new position that my reason for leaving them is "currently under negotiation".

I have sent a summary (I had to send email from my iPhone as laptop died on me) of why I want to appeal (I can attach/send as private message if requested). They have since emailed me back asking for all reasons for appeal and that's why I'm now in an internet cafe to send them more detail, once this is sent through we will arrange to meet or deal with the appeal by phone/email (which is likely to be only option for me as I've already started at the new job)

 

I have looked through Acas and also spoke to their consultation line.

 

I'm wondering if there are any sample appeal letters or templates I can use to strengthen my case?

 

Also I have since joined the Union but they won't support with a current case and with the company being a sales company I doubt any of my previous colleagues will want to get involved because it's very easy to lose favour within sales environments.

 

 

  • In short, the outline of my appeal is that the rule I broke isn't a written rule in the employee handbook or contract and that they didn't follow the process (didn't tell me I was going into a disciplinary meeting so I didn't have time to prepare).

Many thanks for your help,

 

Ed

 

Hello and welcome!

 

You cannot be sacked for breaking a clause which is not in the handbook or other publication. The problem here is, it is easy enough for them to put it in the publications (not saying they will). do you have copies of the handbooks and publications?

You have done the right thing writing to them and giving your reasons for the disciplinary to be retracted. ACAS will expect this to be done. However, you may find it is out of the period of time your ex employer gives for appeals and greviences.

Have they paid you your full notice? Did they pay you any notice? If they did and you were supposed to get a period which takes you over the 1 year, then you can claim.

ACAS may still take your claim with it being just under the one year time period. Call them and ask!

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Well, they can sack you, they do not even need to give a reason because you are under 1 year service. Stretching my knowledge, but I am also sure that a full process does not have to be followed with under a years service, that might be 6 months - i cant remember.

 

They could just turn around and say - we didn't like you - that is grounds to dismiss you with under 1 years service.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Thanks for all the warm welcomes.

 

The appeal process has already started so I haven't missed the boat as a summary email has been sent. I am now following this up with a more formal letter (the HR Director was also on holiday last week so we have arranged to speak this week).

 

mrsfoot - I have been paid for the whole month of June, not 28 days after the 8th June. When I spoke to Acas they said I have no ground to make a complaint about them not following process as I wasn't there a year so they don't need to follow the usual disciplinary procedures.

- But the adviser did find it strange that they did it so close to 1 year service and still decided to pay in lieu, and perhaps there are grounds for me to complain if I believe their decision would be different had I been there 1 year and have more rights - ie. taking them to a tribunal.

 

My probationary period was 3 months, so surely once you've passed that they can't fire you because they don't like you before 1 year?

 

One thing I want to check straight away is it will weaken my case if I tell them I don't want to go back if they do offer me my previous position, or will this make them more likely to revoke the Gross Misconduct as they won't need to employ me again so it may save them a lot of hassle?

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"process performance and Brand" is not gross misconduct.

 

If you did whatever it was and it is clear to a reasonable person you should not have then you don't really have an appeal. I also don't understand why you left it a month.

 

It's only hassle to them if they think they did something wrong. Even then they may decide to wait it out for a few months. So be polite, point out where you think the errors are, and hope.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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"My probationary period was 3 months, so surely once you've passed that they can't fire you because they don't like you before 1 year?

 

One thing I want to check straight away is it will weaken my case if I tell them I don't want to go back if they do offer me my previous position, or will this make them more likely to revoke the Gross Misconduct as they won't need to employ me again so it may save them a lot of hassle?"

 

Unfortunately, probationary periods mean very little, legally speaking. As PPs have indicated, with under 51 weeks service, they don't have to have a "good" reason to dismiss, merely one which is non discriminatory.

 

The happy(!) news is, in your next job, it'll be increased to two years as that's how long you now need to issue a claim!

 

You could go through the process, hope it's overturned, and then resign as this would strike the gross misconduct from the record. However, as they've paid you in lieu of notice, it's highly unlikely its gross misconduct anyway, as they'd have sacked you on the spot.

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