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    • I don't really now why you are so insistent on the quote being posted, and I don't think it is necessay at this stage.   I just wanted some insight into whether it is feasible to also issue proceedings against the wife as the money was paid into her bank account.   The address of the registered office is not their home address.
    • Sorry but this was your first mistake. "Sold as seen" makes a huge difference. It means that the person you are dealing with can't be trusted and it is immediately a huge red flag and a massive hint you should walk away. I think we are still waiting for you to tell us who the dealer is. I agree with my site team colleague @dx100uk that you will have to bring a court claim in respect of this. However the problem will be one of enforcement of the judgement. It is beyond doubt that you will win your case – but I'm afraid that enforcing judgements can be very tricky especially with disreputable car dealers and this certainly seems to be a disreputable car dealer in that they are trying to fob you off with "sold as seen" and also within 24 hours they are already refusing to acknowledge your consumer rights. You should realise that although you are protected by the consumer rights act – and of course, everyone it is, enforcing those rights can be a different matter. For future reference, when you go to see a vehicle, it's a big mistake to feel comfortable and smug because you feel that you are protected by consumer rights. You need to be looking at the business that you are dealing with to ask yourself that if they decide to betray your trust, will you then be able to force them to step up to the mark. This is the constant difficulty that we have on this forum when dealing with second-hand car dealers. When you tell us they were the dealer then we may be to give you more information.   If you do eventually get the dealer to promise to give you your money back, then you need to be very careful about how you manage it. It would probably be most unwise to put the dealer into possession of the car and the money at the same time. You will need to organise a proper exchange. Whatever the situation, you going to need to move quickly and very assertively. This probably means that you should issue a letter of claim almost immediately – but let us have a look at the enforcement problem first. What is the name of the dealer? Also, I notice that you say that you are going back on a motorway. Does this mean that you live some long distance away from them?  
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Thanks for the company information. Still waiting for the quotation to be posted up. I'm not sure what the problem is or why there should be delay.   It's very concerning that this person has had the money paid directly into his wife's account. I wonder if the tax people know.  
    • It's going to be fairly straightforward. You are going to have sent a letter of claim – which won't have any effect but it will satisfy the pre-action protocol and then you will have to issue a small claim in the County Court. After that, they will probably push you to pay the application fee so that there is a hearing. They will do this to test your resolve. You should realise that Hermes will spend more money on trying to defeat you than the value of the claim. This is why they are bullies. You will be offered mediation – although previously I've tried to discourage this, there seems to be a new climate this kind of thing and so you should probably agree to mediation. Hermes will see this as an opportunity to try and knock you down from your claim and to settle without getting a judgement against them. You should be aware that Hermes are very anxious to avoid a judgement on such questions as the validity of their insurance and their liability for lost parcels – and also to expose this false claim that they are not liable and that it is Packlink. I hope you are now familiar with the main principles of the Contracts (Rights of Third Parties) Act 1999 and that you understand that the liability is with Hermes. You should also understand that when you go into mediation, you have the whip hand because Hermes absolutely do not want to have their position tested in court and to find a judgement against them for a case of such little value. For this reason it will be completely unnecessary to give into them and you should make it clear to the mediator – who will pass this onto Hermes – that you will settle for not a Penny less than the value of your claim and that if Hermes insist, you are happy to go to court where you will obtain a judgement against them which will expose them and you will then make sure that the judgement is widely published over social media. This is your leverage against them. Of course, we would be happier if it went to court and there was a judgement because then we could start to dismantle this Hermes scam – but your interest will be served simply by getting your money as quickly as possible without the hassle of a court hearing. Before we go on though, I'm very curious about the parcel shop. You say that you got a parcel shop ticket. Please could you post it up here in PDF format. I think that we are now seeing Hermes going to new depths of claim denial because they are now saying that although you went to a Hermes shop at and obtained a Hermes tracking receipt, and even though you had insurance, they still deny liability and they still say that your argument is with Packlink. This is really quite amazing and it certainly seems fairly clear to me that by requiring you to go to Hermes parcel shop, they have effectively taken Packlink out of the equation anyway. Frankly I don't understand why you went along with Packlink and then went on to deal directly with Hermes at one of the parcel shops. I don't quite understand this chain of dealing. You been advised by somebody else here to contact them by email. By all means do it if you want – but I will be amazed if it comes to anything. I think that you're much better off sending a letter of claim to Hermes – and also if you want send a copy to the email you've been given above so that the person whose name, I presume, is eoin.kennell will understand that you have just set out your stall and that there is a deadline in place and they understand the consequences of ignoring you. Only send the letter of claim if you are prepared to go through with your threats. Given 14 days and then on day 15 click of the claim. In the intervening period make sure that you understand the steps in taking a County Court claim. Register with the MoneyClaim online website and start drafting your claim. You can save your work as you go. Post a draft of the particulars of claim you're going to use here so that we can check it. You don't need to say very much. It does need to be in any formal language. Keep it very short. Give you a basic. Give them a few details as possible – simply doubt the very basic facts of your claim. Post it here and we will see. Hermes is turning into a disreputable company which uses disreputable means to deprive their legitimate customers of legitimate compensation for their parcels which have been lost as a result of Hermes huge inefficiency. It's a real shame that there aren't some regulatory authorities to take them in hand. They deserve a substantial fine
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
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Hi all. Firstly I would like to send my condolences to the colleagues and friends of Martin Kay.

 

I am after a little help with regard to dignity and respect at work. On Thursday I made a bit of a mistake and my supervisor confronted me about it a short time later. But rather than take me to one side and have a quiet word. He proceeded to talk about it in a raised voice. Beside me was one workmate working at the same machine I was. About 20-30 yards away was another work colleague. This colleague heard the commotion and came and stood beside us to hear what was going on. At lunchtime this guy was telling other people want went on. I know this because he was standing beside me when spreading the news. As a result I got some 'stick' about the incident. I think it was bad enough that the supervisor confronted me in this way :oops:

 

This isn't the first time I had problems with one of the supervisors. But that time I made a complaint but that ended up being to my detriment i.e. despite there being CCTV he followed me to the clock machine to watch me clocking out. Another day he called me to the office to justify why I clocked out at a certain time one day (the first time I had to do this in 13 years).

 

As you can tell, relationships with the supervisors are starting to break down. And that can only have a negative affect on my employment with the company.

 

I feel it would again 'not be in my best interest' to complain but can't allow this sort of thing to go on. I am already on tablets for depression and have had a couple of periods of absence in the last 12 months as a result. For which I have had 2 verbal warnings.

 

Thanks in advance for any help you can give :-)

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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Correcting you in front of other people is bad form but not illegal. I expect a complaint to get you nowhere.

 

Options

a) medical time off if not coping

b) ask him for a private chat about improving relationships

c) new job

d) ignore

e) is your depression bed enough to be considered a disability? Will it go on for 12 months?

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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I have a DAW/bullying complaint in at the moment, I was off work for a year, but am appealing their decision not to investigate matters which I have witnesses and paperwork to proof the grievances. I am going for my second appeal this week to the head of HR, but I really don't expect anything to happen. I have since got back to work, but it has damaged all my confidence, and as I have moved offices, I don't even know anyone. I will watch this thread with interest, I too am on anti depressants and was sucicidal at the time. These things should not happen, and they damage you as a human being.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hi

 

please have a loonk at this ACAS Link: www.acas.org.uk/

 

These PDFs may be of help:

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks for the prompt reply Emmzzi. As you could tell from my post I too know it will do me no good making a complaint. I still feel at a disadvantage from the last time I complained about a supervisor in 2010.

 

I'm not sure if the depression is bad enough to be considered a disability. I have been on tablets for over three years now. There are many times I felt like just turning round and coming home again. I have just started an OU course to try and better myself but that's going to take years to complete.

 

It's a shame they can get away with treating people like this because they know people wouldn't dare complain.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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Yes Lilythepink. These sort of things destroy your confidence. At an appraisal meeting in 2010. The supervisor I had cause to complain about then, made me out to be the worst worker in the factory. And if other people don't have confidence in you then how are you supposed to have confidence in yourself.

 

@stu007 I have had a look at the DAW bill. Had I known about it in 2010 I think I would have took further action against the supervisor I was having problems with then. I will come back and read those other items when I get the chance.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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Equality commission, told me if the depression/anxiety lasts at least 12 months, it is a disability, and your employer is not treating you as a person with a disability. Shouldn't be treating you this way any way.

LilythePink

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I would agree that the depression *may* be a disability although only an ET/ court will decide that for sure.

 

Reaonable adjustments may be the manager going on a course to learn how to handle people with mental health issues, and some changes in how you are addressed.

 

I think you need an Occ health referal more than a grievance. I'd ask for one....

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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Is that more than just seeing the nurse when she visits. I do see the nurse from time to time. Although even though she says she will see me in 4 weeks. It could be several months unless I request to see her myself.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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You would like a full referal to take your doctor notes into account and make formal recomendation as to whether this should be treated as a disability and what reasonable adjustments should be made.

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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I have been treated ok by my present line manager, and have had several meetings, about anything that upsets me, and anything that would make me feel uncomfortable, they are very aware that I have lost my confidence, and are willing to help me try to get it back... Work is hard enough without bullying and harrassment. My appeal is up this week, and i dont really know what I want to happen, except that I want to tell my story, and be believed.

LilythePink

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Unfoortunately I don't have the same faith in my employer. In the incident in 2010. The HR manager said she would arrange a meeting between me herself and the supervisor in question at that time. A couple of days later the supervisor came and just said 'could I have your assistance for a few minutes please' and promptly led me in the direction of the office. This gave several people the impression I had done something wrong and was being disciplined.

 

In the meeting The HR manager had an A4 notepad in front of her. The supervisor told me to sit down (which I knew right away gave him the upper hand psychologically). The meeting started ok with him apologising if he had caused me any distress. But within a matter of a couple of minutes the whole thing was turned on it's head and it was all about me and the task I was doing at the time. I was doing the job the way he showed me but the meeting concluded with him saying that if he caught me not doing the job properly then I would be disciplined. I thought that was the end of the matter and had sorted things out. But that's when the things like following me to the clock machine, constantly checking to see if I was where I was supposed to be (intimidation in other words) etc. started. I went a couple of days later to HR to ask for a copy of the notes. She said she didn't make any though she was writing all the time we were in the meeting (she's not doing her job properly then). I mentioned the intimidation to the HR manager but she just said the supervisors have a right to check up on employees. One other thing. How can it be right in an appraisal meeting for a supervisor to bring up alleged mistakes that are supposed to have been made well over 10 years ago.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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Some things you say *could* be taken as bullying or *could* be normal to someone with a different state of mind. Reality? Paranoia? Probably a bit of both?

 

I would advise that occ health assessment. Do you feel able to do that?

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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I think the nurse should be in this thursday so I will ask to see her and ask about it

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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I feel it would again 'not be in my best interest' to complain but can't allow this sort of thing to go on. I am already on tablets for depression and have had a couple of periods of absence in the last 12 months as a result. For which I have had 2 verbal warnings.

 

Don't be bullied into thinking that it's not in your interest to complain. If life has become difficult or intolerable then you should complain. A good company should see a complaint as a way to improve itself, not as a nuisance.

 

However I wouldn't mention your depression. If your supervisor thinks you're "weak" he/she will feel encouraged in persecuting you. My opinion.

"Ask not what your country can do for you, ask what you can do for Poundland"

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Don't be bullied into thinking that it's not in your interest to complain. If life has become difficult or intolerable then you should complain. A good company should see a complaint as a way to improve itself, not as a nuisance.

 

However I wouldn't mention your depression. If your supervisor thinks you're "weak" he/she will feel encouraged in persecuting you. My opinion.

 

I'm not seeing many indicators that this is a "good" company?

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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You're not wrong there Emmzzi . We get a production bonus!!! on top of our hourly rate (£1 less than NMW). When doing monthly appraisals (which are never face to face despite promises that that would happen at least once every 3 months) supervisors can raise or lower your bonus on things such as reliability attitude etc. But one thing I do know is that you cannot be cut to such an extent that you fall below NMW. And me and another colleague had to bring this up with the wages department around September-October last year. The clerk only went back six weeks (some weeks were just about ok in that period but that would have been due to the production output. I mislaid all my payslips when moving home earlier last year. But still believe there where many other times when I fell below NMW. Sometimes I am still tempted to give HMRC a call. Emmzzi they know very well they can just lift the phone and call the recruitment agency and get any number of workers (mostly migrant) so don't give a hoot.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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Why would you not mention your depression? It is treated much differently now, than it used to be, as it is a disability. My depression/anxiety was dreadful, and my management contributed to this, always picking on tiny things. checking where I was. And after moving, they are still at it, they put me down as having uncertified sick leave with an upset stomach for a year. It was certified as workplace stress, and recognised by my Occupational Health. You can get outside help, ACAS, and keep notes, that is where I fell down, but managed to gather together a lot of proof, and people were quite good at being witnesses. Don't give up, it will only be worse for you healthwise, please don't get as far as I did, where I was off work for a year.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Thanks for that Lilythepink. And good to hear you're getting somewhere. I suppose I have never mentioned it to my supervisor for fear of it affecting any chance I may have of being trained up for other jobs (although that's unlikely to happen anyway). Or being put to even more demeaning or mundane tasks than I am now. I have however mentioned the fact that I am on anti depressants when in the disciplinary hearings I had. And at least one period of sickness last year the certificate was for acute stress. This however doesn't stop you being disciplined for absence.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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And also, what if he decides to drop my depression into his daily chit chat

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

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I'd say "so what, it's just a chemical imbalance, I'm on medication for it. Bit like being diabetic, just affects me differently."

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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You can fight back, don't let them win. I was suffering from PTSD, whenever I took ill, and it was the bullying and constant watching of everything I was doing, that I finally cracked. Employment Tribunals take this very seriously, and there are organisations which will support you. Are you in a trade Union, it always helps to get advice, and fight them to the bitter end.....

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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lily, that approach works for some people; for others they want to move on as soon as possible. OP needs to decide what is best for themselves....

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 that Lily. And hope things are going ok for you.

Despite my supervisor saying he would try to sort the error I made before the department manager would see it, I was called to HR to give my version of what happened. Spoke to the nurse on Thursday about OH referral. Gave permission for HR to contact my gp.

 

Emmzzi in relation to you comment that you saw nothing to suggest that this is a good employer. Since the beginning of the year (since we got our pay rise) they have been deducting points from the production bonus of anyone who goes to the toilet.....or leave the line/workstation as they call it. And as these scores are only updated once a month. You are down money for all that time should you only need to use the toilet once. And worse yet. A female colleague has told me that when it comes to their 'time of the month' they are to let a supervisor know. There has been plenty of hearsay about this but I have seen no formal notification. Though apparently a notice had been pinned to the notice board.

 

Also, despite me and another workmate having to go to the wages department about our pay falling below minimum wage. I found out last week that they are still allowing this to happen. To equal NMW our production bonus needs to be over £42. One guy told me last week he is only getting a bonus of about £30. As far as I know there should be measures in place to prevent this happening.

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

Paid in full in March 07

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