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    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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Hey everyone, sorry for the long post ...

 

I have been working in the same company for 14 years and at the beginning of last year I was offered a secondment in a different department. I was then offered a full time job in that department halfway through last year. Naturally, I spoke to some of the other people in the department to find out what would be a reasonable wage, another manager mentioned 32-35k and the others confirmed so I set a figure in my head of 33k.

 

When negotiating the salary in June the manager asked me what I currently earn. I told him it was 22k but I get additional cash benefits that make it up to 30k and I would lose those benefits on moving. He said it would not be a problem. I thought they might try to offer me the same wages so I spoke to him again the next day and told him that 30k was what I currently earned and that I was expecting to earn 33k, he said that may be a problem because there is a limit on the percentage that someone's pay can go up by if they do an internal transfer (which sounds totally stupid I know, but this has been confirmed by HR as being 9% before requiring senior management sign-off). He said that we may need to start me off on the 30k and use the December pay review to move me up to 33k.

 

Between June and November nothing much happened, apart from the bi-weekly update as he walked past my desk or in a meeting ... "It's still with XXX the senior management, waiting approval / sign-off / whatever." So I just patiently waited and carried on working (hard).

 

Then, in November I got an acceptance letter offering me 30k and, because I had built a good working relationship with him, I stupidly assumed he had everything in order, so I signed it and gave it to HR. I know I SHOULD have checked with him, but I assumed that he was looking after it all.

 

December came and went and I received no pay review, this is apparently a mix up in the system because I moved departments and no pay review was done for me. I spoke to my manager last week and he claimed that what he meant in that conversation was that my wages would "go up proportionately, in line with company scales, if I had met my objectives for the year." He then said that my objectives were set by my previous department before I moved so it was nothing to do with him. I know that this is not what he said, he clearly told me my wages would move from 30k to 33k. He kept saying "Did I put it in writing?" which obviously he didn't and it has really made me lose trust in him.

 

I have since found out that the department is increasing in size and they are employing new starters from outside the company ... guess what the salary offer is? 32-35k. Great, so now there are less qualified new starters earning more than me.

 

So, I suffer from stress and anxiety and I have had to take some time off work to recover, but I am losing sleep, not eating & worrying about what I can do to get my wages moved up to what I was promised earlier in the year. If they don't increase my wages then I want to move back to the department that I was working in previously but I know this might be difficult. I guess the other option is to leave. Whatever happens, I cannot continue working for this department on that wage because it makes me feel sick knowing that they should be paying me what was negotiated. If I do move back to my old department or leave then they will have to employ someone else probably on higher wages than I was asking for so I'm hoping they will understand that and raise my wages to what was spoken about when they realise the cost of having to employ someone else. I have a meeting with HR next week, but it has already been said by my manager that they can't just put my wages up when I ask for it.

 

Has anyone had any experience with this sort of thing before? Is it a common tactic that employers use to get cheap work? I'm in a real mess here because I really like working for that company. The company itself is a good solid company, obviously, otherwise I would not have been there for so long, but it seems a lot of the managers are really tight, sometimes it feels like they are out to get me. My last manager was just as bad, maybe the managers are given bonuses depending on how much money they save.

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First of all i have got to say dont hand in your notice and dont leave for another job unless you are sure that it is the right move, employers can and do employ people on different rates of pay, I think that as you were only offered and accepted your new position at 30k in Nov to expect a pay review in Dec is a little soon. Try looking at it like this you are earning the same as you were in your old position so you are not any worse off.

When you see HR ask what the position is reguarding salary reviews and how soon would they be expecting to review yours. depending on their answer say that you are surprised that they are offering a starting salary to new recruits of 32k + and that in view of your long service etc you feel that it is a little unfair that you are not on it.

You did sign the contract and yes you should have paid a bit more attention to what it said but that is by the by its done now.

Taking time off for stress is IMO not a really good thing at the moment, I appreciate that you are disappointed but it wont help your case.

The managers are probably not out to get you but they all have different ways of managing.

As you said you wouldnt have been there so long if it wasnt a good company so just sit back and look at the bigger picture, yes you could go in all guns blazing, no dopubt someone will suggest raising a grievence etc etc but if you like the company dont p*** them off too much just yet by starting to go on about your rights, unfairness of the situation, he said this that and the other.

You have had an increase on your basic pay and quite a good one your salary is not made up[ of a lower basic and additional cash benefits so that has got to be a plus. Ask the questions reiterate how much you enjoy working for the company and see what they say, dont threaten anything and please dont resign.

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

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Shade820000 as angry as you are, you need to take it on the chin, pull in your belt, get your head down. You signed the contract, your manager was not straight with you, but there is little chance of your bosses giving in to your demand, as they always were the boss and call the tune. Care, or your only option will be to leave and then you could be even worse off.

 

Approach them again in three months. And keep an eye on local vacancies with your CV updated.

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Remember that people's understanding of conversations can be different. If a manager says that the Demcember pay review can be used to increase your salary that could have two different meanings. It could mean "we will definitely increase your salary" or "you have a chance to go up to 33k if you meet your objectives and are awarded a raise". It is entirely possible that the manager is not trying to rip you off but genuinely has a different recollection of the conversation to you. Most people have a habit of remembering information which is favourable to them and ignoring information that is not, it is hard wired into our brain. I think you have to chalk this one up as a learning experience: you need to get these things in writing if you want to be sure of relying on them later.

 

In any event, future salary increases are always dependent on future events. The company could always change its pay review policy. I doubt managers have discretion to increase people's salary at a pay review simply because they want to escape getting the approval of senior management at an earlier time, that kind of defeats the point of requiring approval. You knew there was an internal approval process for internal pay raises, so you should have ensured that the process was followed rather than trying to get around it.

 

I think you need to keep this in perspective. At the end of the day you have just been awarded a huge pay raise. The difference between 30k and the 32k paid to new starters is not huge, and you are still on an above-average wage. It is not something to be off work with stress/anxiety about. Staying off work until you get a wage could be seen as blackmail by management so I think you need to be careful.

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