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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; it is by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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?  No
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Suspended from work pending investigation


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I don't think it is in any way cut and dried.

 

good luck. We will be cheering you on and here for you after whatever happens! Me, I'm thinking it'll be a celebratory cider.

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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Thanks again, the rep is again just telling me now that it's most likely to be dismissal. He says he can't argue or fight my case for me unless I can tell him where tickets are. He says everything I've got written down and in my notes isn't going to help because of the irregularity involving cash regulations

 

He's almost advising me not to fight it!

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He just keeps referring to it breaching the cash handling regulations if there is and irregularity and there isnt really much of a way to prove I'm not responsible for it

 

I'm clutching at every straw possible and don't feel like anything will work

 

Gonna get in my corner and ready to fight now

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Keep your chin up.

 

Remember, they need to show that they can reasonably assume that you were responsible. Just because it could have been you isn't enough. You're doing absolutely the right thing, go to the meeting and show them that you're well prepared and be ready to fight your case. I'm sorry the rep isn't being as supportive as he could be, but I think you have a good case.

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On an adjournment now, really not looking good at all

 

Going back soon to carry on the meeting and will let you all know soon, the rep has been really good at pulling apart the allegation of theft but we're really struggling with giving any proof that I'm not responsible for the tickets being missing which accounts for an accounting irregularity which is gross misconduct

 

My rep said and I also think that the decision has been made already and it's just a process we are going through

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All over and I've been dismissed.

 

The charge was totally upheld and nothing that I put in was taken into account at all.

 

The hearing manager said regardless of all the reasons I could give he still believes that I was solely responsible for the missing non issued tickets and he believes I gained financially from them so the theft etc all still stands

 

He then went on to say how I need to return uniform etc a d offered a taxi home, I've just got on the next train after politely refusing

 

Absolutely gutted!

Edited by markl1987
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Hi markl1987, so sorry to hear the outcome, I can't imagine how you must be feeling just now.

 

Can you take some legal advice and also advice from the union rep. Can you escalate this with the union?

 

You had a good case in your defence and it doesn't sound as if your story has been properly taken into account. Given the seriousness of the allegations, it isn't good enough for the employer to argue that you could have done it, they have no evidence whatsoever that you benefitted financially. Try and get as much information as you can prior to the appeal, find out exactly what they investigated, how they addressed the points you made in your defence, and how they reached the decision.

 

You spoke to the Transport Police earlier, is it worth speaking with them again?

 

For tonight, maybe try and relax with family/mates if at all possible. You haven't lost the battle yet, so start to think about how you'll prepare your appeal.

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Sorry to hear that mark! Sounds like they had made their mind up long ago and didn't really want to listen to anything you said.

 

If you are guilty of theft and gaining financially like they say then isn't this is a criminal offence? If they had the proof to prove this allegation then why wasn't the police called? If the police took over this investigation and started to investigate you on the grounds of theft then I am pretty sure they would throw it out of the window. You need to be asking what their policy is on reporting such a theft?

 

It really is horrible how these company's get away with destroying people's lives and really effect their health and well being. I have an inkling I will be going through the same process as you pretty much and to be honest I've pretty much accepted it, but am I going to give up? Am I heck!!! Like others have said...this isn't the end, but once it has sunk it, you will become very angry. You need to channel this anger into all your evidence and appeal hearing, then maybe possibly the tribunal. Don't give up! You have to take it as far as you can now.....

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They said its not the companies in the companies prerogative to involve the police in this matter. They said that by suspending me then completing the investigation was enough for them. I told them I had informed the police myself and they didn't show any interest.

 

I think they refused to look at it from a criminal law point of view because they cannot prove anything that way but on the balance of probability they had enough to go with dismissal

 

Literally everything I brought up in relation to case they dismissed almost immediately and the over all conversation was I am ultimately for the tickets that were missing regardless of all the other angles and opportunities for them to have gone missing and the companies own flaws

 

Im very angry already, feel like exploding and almost crying at the same time. Had a couple of the guys from work call me already and they are furious about it and threatening to start some kind of petition so least I know I have the backing of my colleagues

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I am ultimately for the tickets that were missing regardless of all the other angles and opportunities for them to have gone missing and the companies own flaws

 

 

 

 

Was you aware of this? Is it in the job description or contract? Did you have any training on what to do if they did go missing?

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Im aware that I am responsible for all my actions and ensuring I stick to the rule book when working but wasn't aware that I would be held accountable for these being missing. I've never had any training in what to do if they go missing. If I was being argumentative I could say I've never actually been trained to complete non issues and just picked it up when I started working.

 

They really wearnt interested in anything I had to say and I don't know where to start with my appeal, if they didn't pay attention to everything I brought up in the hearing today will they pay attention at the appeal hearing?

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The appeal will be heard by a different more senior manager. So maybe. The question is what do you have to lose? I'd say not much.

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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Yehh definitely going to do the appeal despite the union rep who was there to 'help' me advising me that an appeal wont work in my favour.

 

I've done a draft letter but starting to stress myself out big time so leaving it where it is for now and finish it tomorrow then get it sent off when Im done

 

I really expected them to actually listen to me and take into account everything I said but it was all just ignored, the meeting went on for almost 3 hours and they just beat down everything I raised, Back to the drawing board for an appeal . . .

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Union Reps are not always the best can you speak to an employment lawyer the union one if possible, I really thought that you would be ok and it would be good news today, compared with so many cases you really seemed to have a good one, I am so sorry.

If I have been of any help, please click on my star and let me know, thank you.

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Also in your appeal flag those points which you raised in your defence and which were not addressed, and state that this causes you concern. For any grievance hearing to be fair, it must at least consider the points you make in your account of events. If this isn't done, it suggests that the decision was made in advance of the the grievance meeting.

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ALL railway companies are extremely notorious with dismissals being completely over the top, usually based on highly circumstantial evidence and/or false management statements and altered minutes from meetings etc. The "witness" that is supposed to be your union rep, will always back the company up, usually so they can earn a few brownie points for something later on, (pay deals, friend dismissals, getting people jobs etc), but primarily as a case of self-preservation.

 

The only fortunate point is that railway dismissals are usually quite rare and usually only for safety related issues, (unless you have a prior final warning etc).

 

No train company will EVER suspend anybody unless they fully intend to dismiss them. If they suspend someone and then have to allow them to return, the company loses face amongst the other staff and it has cost them financially.

 

The appeal will also be unsuccessful. They will not reinstate you, however, you must appeal (and lose) before you can go to a tribunal. Please do not try and convince yourself that you will win. A railway appeal should be designed as a last ditch effort to make them contradict themselves, seem unreasonable and demonstrate how poor their case really is- gather as much evidence as you can. Write absolutely everything down.

 

I have witnessed blatant corruption, dishonesty and nepotism within my own company when dealing with dismissals, but when it comes to hard proof, everything is "missing". The most shocking case I found was falsified minutes from an investigation, where it had been altered to admit guilt, and when they pointed this out, the company made out the employee was now backtracking and making wild accusations to hide their guilt. This became worse when the manager involved in the Disciplinary kept running out to the HR Director for advice, who told the manager that the employee must be dismissed regardless. The HR Director was later selected as the person chairing the appeal hearing, which, unsurprisingly, didn't go well.

 

If you have a wholly unblemished employment record, (no warnings, incidents, disciplinary etc), prior to this incident, I think you have a good chance at tribunal.

Edited by firstclassx
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