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    • Did the Claimant's WS not have an address on it? If they're doing no witness attendance and their WX doesn't have address pers i'd be asking judge to not allow it under CPR r3.4 2(c) based on the Defendant's failure to adhere with the N157 directional notice which shows clear disregard for CPR. Evri's been caught out for non cpr compliance so worth a shot in any case imo
    • Once social services become involved, it is very difficult for them not to attend a property.  If someone died and later there was an inquest, social services would be under a spotlight about actions they failed to take, that might have prevented the death. This is the reason for the legal department sending the letter. Not saying that anyone in your household is in danger,  but social services without visiting may be worried about the condition of the housing and possible risk to occupants. I would suggest that you agree for social services to attend, just so that any concerns raised can be cleared up.
    • Hi jk, thanks for checking up on this. I didn’t know that rule specifically but yes the first page has. I just copied the same format as the claimants WS thanks again 
    • Its to confirm, or not, if there are any safeguarding issues. These people, as you unfortunately call them, are only there to help, as you and your family are too close to any issues to be objective. Accept the offer, you might not get another chance. H  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Need urgent appeal advice - ** WON **


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Hi Wiggles,

I would also get him to put a lot of 'sucking up' in his letter.

Maybe something along the lines of ' I was so grateful for being given the opportunity of carrying out my apprentiship with such a wonderful company, and since the stupid error on my part regarding anticipating borrowing the equiptment, I feel such remorse.

I can truthfully say If I am given the opportunity of being reinstated, I would never breach the trust of the company again.

 

 

Maybe the company has a heart and will allow this lad to continue to work there. They seem to be rather harsh for something that never really happened as such. Lets keep our fingers ( and toes) crossed.

Good luck for him tomorrow x :grouphug:

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Hi Wiggles,

The letter looks good to me. Lets hope this company have some compassion and reinstate your son. If they don't they are a heartless bunch for sure.

Let us know what happens tomorrow. We will all be rooting for him. Take care x

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I think its great the MD is going to hear you out before your son goes to his meeting.

It can't do any harm for you to speak with him & lets hope hes a decent human being with compassion

I really hope they give your son his job back. He meant no harm with his actions & they will see he is truly sorry.

Will be waiting for the good news ( Hopefully) tomorrow. I know exactly how you feel toward your son and thousands of other parents would act the same in your shoes. Its good to see parents who will take on the world for their kids, rather than the parents who don't give a damn and their offspring cause havoc . Im dfinately in your camp. Good luck with tomorrow. Bestest wishes x

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Hi everyone,

Appeal over and done with and we now have a 48hour wait for the decision ( although according to the HR manager who spoke to me, it seems they had already made a decision before seeing my son)....... My son spoke out and conducted the interview well according to he's representative....HOWEVER..... i have a serious concern In he's letter to the MD,he stated "I have also witnessed over the duration of my apprenticeship, this machine being removed from workshop to be used outside of this company, so I thought this was an acceptable procedure within the workshop.

I now understand and fully accept that no property is to be removed from the workshop and this is certainly a foolish mistake I have learnt from and would NEVER make the same mistake again.

 

The MD asked my son, who he had seen taken it, my son did not feel comfortable by giving names, the MD then said to him " IS YOUR LOYALTY WITH THE COMPANY"?? IF SO THEN TELL US THE NAMES!!!!........... My naive idiot of a son thought, if i show my loyalty i will get my job back, and said the names...... i am so ANGRY by them dong this, surely this isn't correct!!!! My son is now in a state of worry and panic that he has now done this...... i'm so angry ive buried my car keys to prevent me going back up there!!!!!!! Can someone please tell me something /anything if this is ok for them to do??????[/QUO

 

 

 

The MD has used your sons honesty to do their dirty work for them. In fact when he said to your son about loyalties to the company, your son in reality isnt employed with that company at the moment, so he had no loyalties to that company, as prior to this meeting they sure had no loyalties to him. Looks to me they have now used him to 'snitch' on other members of staff who actually did remove equiptment from the premises. I would assume because your son was put 'on the spot', he couldnt think of anything other than once again telling the truth. I hope this company realise he is an honest lad, & if they don't give him his job back they are not the wonderful caring company he thought they were!! The more I read about this company, the less I feel comfortable about them.

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I think it would be best to just wait for the outcome of the appeal. Anything else would cause more damage.

 

I hadn't read your thread since it was (i thought) agreed that his appeal would be based on the amount of punishment received rather than justification of his actions.

 

Im unsure why you are supprised that they wanted names after making allegations against other collegues. It would appear to be common sense to ask for names if allegations are made to attempt justification of your (sons) actions.

 

I think your son has been placed in an arkward situation in that even if his appeal is successful, will he wish to return on the off chance his collegues thinks he is a tell tale soley to justify his own wrongful conduct.

 

Don't get me wrong, I am not having a go at you or your son, I just think this whole appeal should of been about apologising for his actions not trying to justify them with unsubstantiated allegations against collegues.

 

 

I do somewhat agree with you Nagasis. This could make it very awkward for the son to work with members of staff after having to 'spill the beans' on those who 'borrowed' the equiptment previously, but not with the MD asking who the sons loyalties lie with. That was a little bit crass of him when he was/is prepared to end this lads apprentiship for a stupid mistake. This has turned into a bit of a mess. Like you say, wait to see what the outcome is first, & hopefully it can be turned around.

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Agreed. Both the son and the MD have been put in awkward situations.

I don't think this was an official appeal as such, I think the mum and son were clutching at straws by getting in touch with the company and asking to be allowed to ' explain his situation' and hopefully be able to reserect the sons employment. Never the less, it is a sticky situation and hopefully some good will come out of this all in the end.:wink:

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Wiggles, that might be the best outcome for your son. I dont think an employer is allowed to give a bad reference, and hopefully its no skin off their noses to give your son a glowing reference. He didn't actually take anything. He was totally honest when challenged, and he has acted with respect throughout ( maybe not to you lol). I hope he and you get the outcome you will both be happy with. Its such a shame this has all been blown out of proportion for your son. If it were me, I would have just called him in when it all happened and read the riot act, then that would have been the end of it. I think they have been very harsh with your son, and are maybe just trying to make an example to the other members of staff of ' if you dare think about borrowing any items of equiptment thats what will happen to you' . I hope it all turns out well for your son x

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But it wasnt actually theft. He never left the premises with the item. He owned up when asked if he had the item and told them he was going to borrow it to do his fathers car.

Where I used to work, we were not allowed to give a bad reference. We would be sent a 'questionnaire' from ex employees prospective new employers . The questionnaire asked questions regarding time keeping, work experience etc and also asked 'would you re employ this person'. Although we could not actually write a bad reference, of course if you put a X in the 'would you re employ this person', it would probably ring little alarm bells. I still think the company are being very harsh on this lad.

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Its also apaulling that the HR woman said to you before your son went in that they had already made their minds up! I bet she got a talking to after for saying that. By saying that she was inferring it was pointless your son appealing, which is disgraceful conduct for anHR employee to utter those words. I am with you all the way, and yes he done you proud today. On a lighter note, loved your reply to the MD about the suit being second hand, PRICELESS !! Take 48 hours rest & clear your head for now. x

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Wow, Wow, Wow !! Fantastic news. I'm so very pleased for your son & for you too.

This is such very good news & has brightened my evening. Its good to see some employers do have compassion & can see that not all their staff need the heavy hand to sort things out.

I'm totally on your side with the way you feel about your son. As you say he's your blood, & I like you would fight tooth & nail for my blood too. Who cares if some think you are over bearing with your son. He's your son & thousands would do the same too.

Very well done, I feel proud of you and your son too. x *

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