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    • I'm afraid that I think that as you've assembled the chair and you are unable to return it into its saleable condition, then you probably have a problem. I don't think you could take advantage of the distance selling rules in those circumstances and that means that the seller would be entitled to apply conditions to the return of the item. If that's the case then you only fall back is that the item was defective if you find that there is something wrong with it which is preventing its disassembly. On the other hand, this itself raises an interesting issue. Does a chair become of unsatisfactory quality because you can't take it apart and put it in a box? From the sounds of it, the sellers terms and conditions that there is a restocking fee for the return of an online sale even if it is within the 14 day period, seems to me to be quite unenforceable but on the basis of what you say, that issue doesn't arise here because you are unable to put the chair back into its saleable condition and it's not clear that the chair is defective - 
    • Hi everyone, I'm in need of some urgent advice please. Apologies for the long post - I felt it was better to provide all the information clearly at the outset.   I purchased an office stool (that cost £104.39) online, which was delivered on 18th May. After assembling the stool, I found it wasn't suitable for me, so contacted the seller on 27th May to initiate a return.    The seller told me that there would be a "£24.95 handling charge" for returning the item. He quoted the terms and conditions from their website to back this up (please see below), although this is confusing because 35% of £104.39 does not equal £24.95: "Please note that furniture items are subject to a 35% restocking fee. Furniture returns will only be accepted if the item is unused and still in the original packaging. All furniture returns must be made within 14 days of delivery."   I told the seller that, under the Consumer Contract Regulations, the trader cannot charge any fees in the event of cancellation. The response was: "If you not happy to pay for the collection charge for us to arrange this with a courier to uplift then you can send this back to our office directly arranging your own courier, please note we would not cover the cost if this is the case."    I agreed to this, because from my reading of the CCR I thought that the customer was responsible for return delivery:  (5) The consumer must bear the direct cost of returning goods under paragraph (2), unless— (a)the trader has agreed to bear those costs, or (b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2. Also, from getting quotations online I thought I could arrange delivery, for what was at the time a smallish box, for a much cheaper price (£7-8).   However, when I tried to disassemble the stool for return, it would not come apart. I contacted the manufacturer for further guidance, but the only how-to video they had available was not applicable to the model, and the manufacturer representative was unable to provide further instructions.   I have now been sent a 'built box' to return the stool without the need to disassembly. The issue is that the size of the box means that shipping charges are now £30 minimum i.e. more than the 'handling charge' the seller quoted.    Am I obliged to pay this return fee, or should this actually be something the seller should pay for? 🤔 I feel like I may have two potential arguments against it: Return delivery would not be nearly so expensive if the stool had come apart as the manufacturer said it should.  The Consumer Contract Regs state that a consumer is not responsible for return shipping if the trader has not provided information about the right to cancel and about return shipping on a durable medium.    What even counts as a durable medium? The dispatch note that came with the stool had no such information, while the order confirmation email simply had a link to their terms and conditions (which includes the statement about the restocking fee quoted above).   Does this clause mean the seller is still obliged to pay return shipping? Any advice would be greatly appreciated! I'm starting to stress a little about this because the 28-day cancellation-and-return period will be in two working days (although I realise that may be extended if it can be considered that the seller did not provide the required cancellation information).    Thank you in advance!  
    • so what you mean is that "each" parcel contained a single dinner plate. Thank you that clarifies things. As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes. Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money. Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care. Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery. The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this. Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people. Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are. Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.   Come back here when you have been knocked back by Hermes and we will take you through the next step  
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Given a verbal warning after an investigation


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Ive just recieved a verbal warning from a department I no longer work in (NHS) after a 4 month drawn out Investigation over me phoning a colleague from the works phone to ask about an allegation made about me which was not true.( It was in works time I was accused and a work related issue)

 

The person who I was meant to have confronted admitted it was not me who had questioned her over her job role.I was disciplined for using the works phone to call her and for being upset in earshot of the patients.

 

The manager who accused me had been told of the alleged incident by a third party and I found out after that the person who had been questioned told my manager she would not reveal who it was and wanted this to go no further.

 

The manager denied me a meeting with both her and the other person so I could prove it was not me.I am appalled they wasted 4 months of NHS money and am appalled that another memver of staff who actually walked out of the ward that day due to also being upset by another manager (shouted at in front of 2 visitors) did not recieve a warning.

 

This incident was 1 in a long line of issues this manager had with me, all being unfounded.I now have to have this verbal on my record for 12 months.

 

I was given the opportunity to appeal and take it to panel but after 4 months of waking up feeling nauseaus every day enough was enough for me.

 

I am disgusted how it can be an offence to cry and challenge a false allegation but not one to accuse me of something I didnt do AND to deny the chance to prove it.Im not sure what to do next.

 

I would like to report her to the midwifery council due the incompetence, harasment, victimisation and intimidation ( I have a list of about 10 things she did wrong including disclosing my personal details to 6 members of staff after I left the dpartment for which a sorry from her was deemed to be enough).

 

Not sure what to do next.Any advice gratefully recieved.

Edited by honeybee13
Putting in some spacing for easier reading.
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You are going to struggle with further action if you do not appeal and are not vindicated.

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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m thinking of taking my own action against the Midwife concerned for other things.She is not fit for the position and this has been demonstrated at least 10 times by inappropriate behaviour and actions.Do I have to appeal and clear my name before I can take action of my own against her.Even though it was her who started the whole fiasco she was not involved iht he investigation.

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the Judge/ medical council/ boss: "So, Mr TheMage, you are certain lies were told about you, but had insufficient evidence of your innocence to complete a simple internal appeal and clear your name? Instead you chose to waste the court's/council's/my time with a vexatious case?"

 

Mr TheMage "Ummm.. yes?"

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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Which was it? An investigation or a disciplinary?

You say that you were denied a meeting that you wanted, but did a disciplinary meeting take place?

Or was there just an investigatory meeting?

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Your verbal warning was for using an nhs phone for personal reasons which could have waited and the heated conversation was over heard by patients. Is this correct and did you do those things?

Considering the short time a verbal warning remains on file and you no longer work in the department I would accept it and carry on.

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If you didnt appeal at the time because you had had enough why on earth are you even considering more hassle. If you havent got anything else on your record a verbal warning is not really anything too major, just get on with your job and keep your nose clean for a year

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

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It was a disciplinary Investigation.The decision had to be made after a report had been produced as to whether to take it to panel for a disciplinary hearing.Yes I did use the nhs phone but to me it was not personal reason its was work related.Manager took me into an office and said you have questioned another member of staff about her justification for being the band of pay that she is.She informed me this was serious and in itself could warrant disciplinary action being taken against me.I did not do this and I told her so.I also told her that I was not even in work on the day this incident happened and she told me that another member of staff had informed her and so I must have done.I THEN aksed said manager fo a meeting to take place with me and the alleged aggreived member of staff, so I could be vindicated.I was denied this meeting as the manager said she did not want the other staff member upset any more.I asked manager why it was deemed ok to upset me by accusing me without proper investigation and I was told she did not want to discuss it anymore.I have taken the verbal warning purely because 4 months of waking up nauseated over this is more than enough.What I am annoyed about is that this situation was allowed to happen in the first place.I should never have been accused.Why has the manager not been investigated about this.Do we have to just sit back and allow injustices to take place (There are several other things this manager did which were against trust rules, such a breaking the data protection act with my personal Information, which she admitted and sorry is meant to be enough).I know I should just let it go and probably I will but how does this fare for other staff members if this is her attitude.Another staff member walked out of the department that day with stress due to a different manager shouting at her in front of patients.This staff member rang the manager who accused me just before return to work and told her she had been admitted into hospital after she walked out and the manager said "To the phsyc ward?".

I ended up leaving that ward after 12 years, a place I thought I would work forever, due to the terrible management.It's not that easy to just forget about how bad it all was.

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Then appeal. You have to appeal or let it go. No other real options.

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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Yeah your right, Dad says to just let it lie because some managers just don't like you making a fuss even if your in the right.Comforting I suppose that I had to tell my current manager this morning because I knew they were going to be informed.My manager said that it didnt happen on their department and the whole thing was silly and thats not how they operate.They said the letter will go far into the depths of somewhere and that they have already forgotten about it and so shoudl I because I was a very good worked and a pleasure to have on the department.This I only found out this morning after I made the initial post.I suppose 12 months aint so long.

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