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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Hi, just wondering if anyone can give us some information regarding this.

 

My son started work at a local company 7 months ago,

he was initially told he was on a one month trial then that was extended to three months then he was told he had the Job.

 

Everything has been going well,

its his first full time job since leaving uni

and he loved going to work,

loved the job and not had any problems until

 

a couple of days ago, the company had an internal auditor in and my son gave him the sheet to sign in and the internal questionnaire,

after the fellow left reception my son noticed he hadn't put hi name on the questionnaire

(he had put his name and signature on the first sheet but failed to do this on the questionnaire although he had filled in the tick boxes),

 

being a bit naïve my son printed the fellows name and put a squiggle where the mans signature should be,

he didn't attempt to copy the man original sig from the first sheet

- it was just a scribble as he thought he was doing no harm and was helping out.

 

An hour later the guy asked to see the paperwork and this is where it all kicked off,

 

he said that he didn't sign the secon sheet

- my son went to the bosses office and explained what had happened

and immediately he was told that there was only one route it could go and that was gross misconduct,

 

he was given the information in a letter the same day and was told the disciplinary would be the following day and the gross misconduct was for forgery??.

 

My son came home and honestly I have never seen him so upset,

its like the bottom has fallen out of his world,

he thought he was helping someone out and then all this kicks off,

 

immediately I said to my wife he is being railroaded (all seemed too quick).

 

He attended the disciplinary and told the truth but was told they couldn't make a decision

and he was suspended until the following day (Today) and he had to go back at 1pm

 

- he went in at 1pm and was told he was dismissed with immediate effect

but the manager who chaired the disciplinary came out after the meeting

and said he should appeal as he thought he should have been given a warning but not dismissed.

 

Any help regarding this is appreciated,

he doesn't really want to go back to work there now

he is thinking of going go back to uni

and study for a masters

but he wants the gross misconduct off his employment record,

 

what can he do?

 

Thanks,

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He needs to follow the advice given and appeal.

 

If he's going to survive in the world of work he also needs to start posting himself instead of having a parent do it for him...?

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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He needs to follow the advice given and appeal.

 

If he's going to survive in the world of work he also needs to start posting himself instead of having a parent do it for him...?

 

He can survive in the world thank you but its been eating away at me, any more criticisms...????

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I would encourage your son to appeal the dismissal. It may not do much good but it would at least allow another opportunity to explain his naivety and sincere belief that he was not doing wrong. That might allow a sympathetic ear to agree to provide a neutral reference if nothing else.

 

At the end of the day however, your son has justifiably (if harshly) been seen to having falsified a document, and by any token that would be grounds for summary dismissal and the employer would not be obliged to accept any request for leniency.

 

As for the comments regarding your son posting here, whilst we would all understand a parent's desire to look out for their offspring, I am sure that the comment was well intended. It is always difficult for us to get a full picture of what has happened if the information is going through a third party, and if it came down to an appeal hearing he would of course have to speak for himself at such a hearing, so it is always preferable to understand and interpret advice for himself.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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What I am finding frustrating is that I did this off my own back, my son can hold his own thank you, I did this post to get some advice just to let him know what he should do. you cannot be sure the comment was well intended unless you wrote it yourself.

I have already seen 2 posts on this thread deleted because they mention emmzzi and how she intentionally trys to flame people. whats good for the goose is good for the gander (delete her posts??).

Thanks for the advice.

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What I am finding frustrating is that I did this off my own back, my son can hold his own thank you, I did this post to get some advice just to let him know what he should do. you cannot be sure the comment was well intended unless you wrote it yourself.

I have already seen 2 posts on this thread deleted because they mention emmzzi and how she intentionally trys to flame people. whats good for the goose is good for the gander (delete her posts??).

Thanks for the advice.

 

I haven't seen those posts, so can't comment on them.

I have seen loads of threads where Emmzzi has posted using their knowledge & experience, giving of their free time to help people.

 

Sometimes advice / observation gets seen as "flame" because people don't like the message. It doesn't mean the message is wrong.

 

By all means criticise the post / content, but to criticise the person you might also look at their site reputation / other contributions.

Quoting others accusations from posts that have been removed seems unfair to me .... How is anyone to judge unless we are told the basis for them?

Edited by BazzaS
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I totally agree and I dont understand why the posts were removed they were merely "Observations"

 

Did they provide context to justify their observations?

If not, perhaps they were felt to be inappropriate?

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Did they provide context to justify their observations?

If not, perhaps they were felt to be inappropriate?

 

To be fair I dont want to play this game of ping pong but I will say emmzzi's observations were incorrect, he does survive in the real world, he is not a member on here, he doesn't ask for support, it was me that asked for advice, she does not know my son so her observations are not justified.

 

Thanks.

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To be fair I dont want to play this game of ping pong

 

Immediately contradicted by the fact that you reply, of course.

You might consider it a game of ping pong.

I consider it me observing that your use of others posts accusing Emmzzi of "flaming " (that those other posts had then been deleted) wasn't "ping pong ", but unfairness.

 

If you are going to say "to be fair", then being fair would be a good starting point!

 

but I will say emmzzi's observations were incorrect, he does survive in the real world, he is not a member on here, he doesn't ask for support, it was me that asked for advice, she does not know my son so her observations are not justified.

 

Thanks.

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What I am finding frustrating is that I did this off my own back, my son can hold his own thank you, I did this post to get some advice just to let him know what he should do. you cannot be sure the comment was well intended unless you wrote it yourself.

I have already seen 2 posts on this thread deleted because they mention emmzzi and how she intentionally trys to flame people. whats good for the goose is good for the gander (delete her posts??).

Thanks for the advice.

 

Nobody is suggesting that your son cannot hold his own, and I did allude to the fact that it is natural for any parent to want to help their children in a difficult situation.

 

I do know that as with any long-term poster with a high reputation score, Emmzzi's advice is always well-intended. You may not appreciate the manner in which it is delivered sometimes, but this is the harsh world of the workplace and it is very often simpler to deal in straightforward facts delivered in a straightforward manner.

 

Any posts which were unapproved were removed as they added nothing to the case in point. Some were also, bizarrely, the first posts made by somebody, and were solely made to attack a respected member of the site.

 

However, returning to your OP, you said:-

 

he wants the gross misconduct off his employment record,

 

what can he do?[/Quote]

 

And you were advised that it may be best if he were to ask the questions and gain the knowledge for himself

 

Having been advised by a manager after the hearing that he should appeal, I think we all agree that he should do precisely this. The only way his record will be cleared is either to be reinstated on appeal, or by agreeing a neutral reference. He does not have the requisite two years service to take a case to a Tribunal, even if it appeared that the employer had acted incorrectly, and I do not believe that dismissal was an unreasonable sanction based on what you have told us. None of this will happen by itself but if we are to advise further or be in a position to help with an appeal, then believe me it is easier to get the facts, timescales, procedures used, policies etc from the horse's mouth.

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Nobody is suggesting that your son cannot hold his own, and I did allude to the fact that it is natural for any parent to want to help their children in a difficult situation.

 

I do know that as with any long-term poster with a high reputation score, Emmzzi's advice is always well-intended. You may not appreciate the manner in which it is delivered sometimes, but this is the harsh world of the workplace and it is very often simpler to deal in straightforward facts delivered in a straightforward manner.

 

Any posts which were unapproved were removed as they added nothing to the case in point. Some were also, bizarrely, the first posts made by somebody, and were solely made to attack a respected member of the site.

 

However, returning to your OP, you said:-

 

 

 

And you were advised that it may be best if he were to ask the questions and gain the knowledge for himself

 

Having been advised by a manager after the hearing that he should appeal, I think we all agree that he should do precisely this. The only way his record will be cleared is either to be reinstated on appeal, or by agreeing a neutral reference. He does not have the requisite two years service to take a case to a Tribunal, even if it appeared that the employer had acted incorrectly, and I do not believe that dismissal was an unreasonable sanction based on what you have told us. None of this will happen by itself but if we are to advise further or be in a position to help with an appeal, then believe me it is easier to get the facts, timescales, procedures used, policies etc from the horse's mouth.

 

Thank you.

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You are welcome. We sincerely hope that everything turns out well. Maybe not to be reinstated if that is not his wish, but as you say it is not nice to have a dismissal on record, and it does sound as though he may have some support from at least one member of the management. It may take a heartfelt appeal on the basis of misunderstanding and pure naivety about his actions, but stranger things have happened.

 

Whether studying or resuming employment, I wish your son well.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 3 weeks later...

That is good news. Thanks for the update.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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