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    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
    • Hi All, I'm looking for help with a P2G claim for another lost parcel. Given the wealth of information on this site, I'm hopeful that this should be an easy one to fix, but want to be sure I have everything. On the 6th March, I contracted with P2G to send a parcel (a £600 Pioneer AVH-Z7200DAB car stereo which is not on either P2G or EVRi's excluded from compensation or prohibited items list) using EVRi, sent it off, and that was the last I heard of it. The EVRi tracking showed that the parcel had made it to the national sorting hub at 2:12 on the 7th, and then vanished. By Friday, I had started to get nervous, and so, raised an enquiry. And then another, and another - well, they weren't responding, and I couldn't get their telephone one to work, I think in all, it was more than 15 enquiries. I also raised an investigation with P2G as well. EVRi closed the enquiry confirming a loss on the 19th March, and P2G near the end, although P2G closed it claiming that I needed to send photos of the parcel as proof - which I didn't have, and I also do not have an account with P2G so couldn't upload anything (I did test, just in case), and this is why despite receiving advice on the EVRi Fb group to send the letter before claim, I haven't yet acted. I have proof of the eBay listing, and the refund, to demonstrate that which was being sent, but P2G's insistence that I have no photographic proof of the parcel with the label - I have the photo of the goods in their box before sending, but this is for the eBay listing, and so does not show it after the fact. This I fear is what P2G will seek to rely on as a defence, hence my 10 week delay on progressing with this. But, I am more than £600 out of pocket for the loss: £600 for the item and £8.04 for the delivery fee, although my claim will actually be for an initial £611.09 to cover the cost of the loss, their delivery fee, and my 1st Class Recorded stamp for the Letter Before Claim to P2G, rising to £681.09 to cover the additional £70 cost of opening the court case if they fail to respond within 14 days. This question mark surrounding P2G's request for photographic evidence, is this likely to cause me a problem? Steve
    • Had a letter response today dated 12/6/24 from PRA Group re request for information consumer credit act 1974. Confirming they are in receipt of my CCA letter request - and that they are requesting the required information. They returned the £1 postal order. And my CCA letter. Stating that they will contact me with an update ASAP. They attached/included a standard ( non personal ) page about ' what they should provide ' and ' what happens If I don't get this information'.    I need to file my defence by 21 June 24. Any suggestions as to what that defence should be ?   
    • Thanks @dx100uk for responding promptly.    To be quite honest with you, applying for breathing space might not really help except some short term relief. I don’t want to default either as I might lose my job too and I cannot really afford it. Sorry for sounding bit stupid but is there something I can do to stop them charging interest and agree on reduced payments? Can I use pro-rata payment letters to get out of this situation without too much impact? I am working on information that @BankFodderhas requested and will be sharing it later today.  
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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.
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      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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Deduction of wages and breach of contract


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Hi guys

 

This is my first post so I hope I do it right.

 

I have recently changed job and my previous employer has deducted nearly a thousand pounds from my wages to cover training that I have had in the last year. I have changed jobs within the last 10 weeks.

 

My previous employer has a clause in the contract that they can make deductions for training if I leave within 12months of the training being completed. I completely acknowledge this.

 

Here is my question, sort of!

 

I have asked my previous employer to pay me back. The reason for this is that I do not believe that my contract was ever valid. The contract was for a specific job title of mobile sales and service technician. In order to hold this, or any other role in the company, new staff must complete a compulsory training course leading to a City and Guilds qualification. The company is set up as a franchise so the franchisee has entered in to a contract with the franchisor which includes clauses to cover the training of staff. My employer refused to send me on this course for 4.5 years. I asked to be sent on the course over 10 times.

 

The course that he decided to send me on before I left was completely unrelated to the business model and was something he wanted to venture in to. It produced some results and the course made the company more profit than the course fees.

 

Whilst I was with the company, the employers son joined. He was sent on the compulsory course as soon as he started and I was still refused. I was the only employee of this company, out of 750+ in the network, not to have been given this training.

 

It was for this reason amongst others that I have changed job. I now have I higher position and a greater scale of pay. I know that I cannot quote constructive dismissal as I found another job before I handed my notice in.

 

How can I get the money back?

 

Do I need to go to Tribunal?

 

Many thanks in advance,

 

Andy.

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1. any problem with you not being trained was between the franchisor and the franchisee, as it was compulsory in their contract. They both seemed ok with you not being trained so no problem there.

 

2. if you didn't want to pay back the training fees for the new course you should have got an agreement to that before you went on it

 

my assumption: the clause is your contract is a "catch all" for all training, not just for one course; and covers a specific time frame eg within 1 year, 2 year.

 

Therefore you owe it. Well, you did owe it. You don't any more.

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 for the reply.

 

I was just wondering about the position held. If, in the eyes of the company, I was never qualified to hold the position and therefore by their own admission should not have been doing the role, is the contract enforceable. After all, my contract referred to that compulsory training having been completed at signing.

 

Thanks again

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you kept turning up and they kept paying you. that's a contract....

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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Unfortunately in working under the terms that they imposed, and without raising a grievance - even if you were not doing the job that you were employed to to - you would have accepted the contract and be bound by it's terms. That works on both sides and includes the fact that you did not hold the qualification stated as being required for the position.

 

Sad as it seems I cannot see that you have an argument to be repaid the money, nor do I think that an ET would agree with you.

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