Jump to content

  • Tweets

  • Posts

    • I sent them their quote which outlined the 8-10 weeks start to finish.  Their response is also below.  I placed the order 1st Sept and would have been ok with a couple of weeks here or there as I know delays can be experienced due to others in the chain/weather etc but Feb was too much. I hadn't thought to contact the council re the Building Regs, will do that tomorrow.  At this stage I've only paid the deposit on credit card but it's £2k. The next payments are in stages and they will not accept cards.  Their advice re delays on 29/9 was in response to me asking if we had an install date.  The same day they were advertising for fitters. Their refusal to get their director to call me or make an appointment is making me nervous of continuing.  I woke this morning thinking I would go ahead as we hit it off when he came round but if his administrator has enough clout to stop me talking to him she must be a member of the family as well.     "We did advise a 8 – 10 week installation process from survey which was on the 07/09/2020 so working on this lead time your installation date is due on the week commencing 16/11/2020.   We then advised on 29/09/2020 there is unfortunate delays and I gave you a worst case scenario date as depending on the delivery times this could well be brought forward but we also have to consider we have a 2 week festive holidays.   You still have not been able to provide me with written confirmation that Collin, Davina or Lisa have stated this installation will happen before Christmas. So the delay is unfortunately 8 weeks with the potential of being sooner than this, I just can’t give you an exact installation date hence why I gave a worst case scenario."
    • Quick update -  Good news is that I have been told the car is complete and ready for pickup.  It ran a bit over so we agreed the swap is now tomorrow as I would never make it there before closing time with rush-hour traffic.   Bad news is I have potentially now found out the gearbox and brake fluid service has not been carried out.  We went through this yesterday, got a printout too suggesting it has been done but having just looked more into it, it didnt look right with 2 things standing out. For example:  Part Number: G060175A2, Description : Gear Oil, Qty: 1  This just kept standing out to me given my own Audi had 7 litres of it and they sell them in 1L bottles.   Looked up the part number and sure enough, its not gear oil but Haldex oil (part of the Quatro system).   Other thing that stood out was no filter on the sheet which is part of the service.     Have just dropped them an email so lets see what comes out of it but again sheet I have which is a PDI Requirements sheet (pre-delivery inspection) states:   Carried out MPC & oil service Haldex Reqs gear oil service Brake fluid change   I'm trying to remain calm
    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    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.     2. 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.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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     11. 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.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2641 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My husband suffered an injury at work in October. He has been unable to work since and has recieved SSP which will run out this week.His employers (a public school) have not accepted liability for the accident and to be honest have been quite nasty. He works 3 days a week as a general maintenance man.

He read somewhere that he could have holiday pay rather than SSP so he asked for 2 days from last year and 4 days accrued for this year. He received the following reply.

Holiday entitlement can be requested at anytime during the holiday year but it is the employers decision when it can be taken.

It would be quite unusual to pay holiday entitlement unless the contract has come to an end when we would of course factor in any accrued holiday not taken'

Is this true? I cant see any reason for refusing other than making life difficult for us.

Link to post
Share on other sites
  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

The advice you were given on then other forum you posted this was correct. Clearly they are encouraging him to resign.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

You are asking the school to pay him extra salary instead of letting him take days off. Unfortunately the school's response is correct. There is no general right giving you the choice to be paid extra for your holiday days instead of taking days off. Most employers require their employees to take their full holiday entitlement.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

My husband injured himself at work in November 2012 and is still off . His employer recently asked for his medical records from his GP which were duly sent.

They now want him to see a company doctor/occupational therapist. His contract of employment does include a clause giving his employer the right to insist he undergoes a medical examination by any medical practitioner the employer nominates

The problem is he is based in London (Harley Street) and my husband will have to take a 140 mile round trip to see him which wont be easy as he now has problems with his mobility because of the accident He is already very depressed about the whole thing. We dont really have the funds to pay for a trip to London and wonder if he can ask to see a local OT instead?

Link to post
Share on other sites

Hello there.

 

The experts should be along later, but I would say it's worth asking the employer and explaining why this is a problem. You could also try mentioning the cost.

 

Do you mean an occupational therapist or an occupational health professional? I saw occupational health when I was off sick.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

you can ask to see a local OT at the same time as suggesting the alternative is for them to provide a taxi to the OT at their own cost, explaining why (unable to manage public transport or drive at the moment)

 

Do this in writing.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites
  • 4 weeks later...

My husband has worked part time for the past 12 years. He will be 60 in a few months and has been a painter and decorator since he was 16.

He injured himself at work in November while moving a computer desk which he wasnt made aware was broken and has been unable to work since then. His company decided not to pay him discretionary sick pay and refer to his accident as "alleged'.

They asked for information from his GP and then sent him to see an Occupational Therapist in London. We have now had a report from the OT which has advised that he is not fit to return to his job and will have to seek an alternative career. The report (to his company) also recommended he agrees on a negotiated settlement.

He went to the CAB but he is still not sure what he should do next.

We would be very grateful for some advice.

Link to post
Share on other sites

Most odd. OT should only be commenting on fitness to work, not financial matters.

 

For financial impact of the injury you need to be claiming against the employers liability insurance. Doctors report + copy of the accident report from the time + any witnesses would be a good place to start.

 

Do you have union membership or legal cover on your home or car insurance? Worth checking.

 

What did the CAB actually say?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

The CAB just gave a list of local solicitors and a sheet about personal injury claims.

He hasnt heard anything from his employers who will have received a copy of the same report.

To be honest we just want an end to all of this. My husband is very depressed and feels let down by his employer.

We thought it was a bit odd that the OT should mention financial settlements in his report. He isnt a union member and we dont have legal cover on our insurance policies.

Link to post
Share on other sites

Your basic ambulance chaser will take the case and it shouldn't cost you a penny.

Don't expect it to be quick though.

You will need to support your husband, I know what he feels like as I suffer severe depression since my accident last year.

They will be relying on you wanting it to end soon so they can avoid paying what they should pay you, they are currently trying to starve me into taking an early settlement but they are just giving me something to focus on.

Link to post
Share on other sites

There is no "quick-fix" I'm afraid. The employer is unlikely to come up with a pot of money unless forced. If you are after compensation you will need to speak to a personal injuy solicitor about bringing a claim.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

next stop a solicitor then I am afraid

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Check your houshold insurance for legal cover and if you have it make a claim via them or any of the conditional fee lawyers specialising in the personal injury field.

Link to post
Share on other sites

My husband has just received a letter from his employer asking him to attend a meeting to discuss his sickness absence and the recommendations of Occupational Health. The dates shown on the letter relating to his absence are incorrect.

Should he ignore the discrepancy, tell them in his reply or bring it up at the meeting?

Link to post
Share on other sites

is the error in his favour or not?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Hello daisyw

 

 

My husband has just received a letter from his employer asking him to attend a meeting to discuss his sickness absence and the recommendations of Occupational Health. The dates shown on the letter relating to his absence are incorrect.

Should he ignore the discrepancy, tell them in his reply or bring it up at the meeting?

 

 

You will more than likly be told that for the purpose of the meeting/discussion the incorrect dates are neither here nor there. The main reason for the meeting/discussion is medical absence

 

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...