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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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billy1969

My mates in a complete state please help

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A mate of mine agreed to look after his sisters money which she was leaving to him anyway that she had in savings so when she retires in 2 years times she can claim benfits. I know that sounds bad in itself but can you just bear with me because hes in a right state about it.

 

He got pressured into doing it and has the money in his account. The deal was she wouldnt touch it so there would be no real activity on the account, maybe taking out bits and bobs when she needed it. He always felt uncomfortable about doing it and now she is saying that she wants some money. And what is the potential fall out for him regarding this.

 

He wants to tranfer it back to her as she hasnt retired yet but doesnt want to make a huge transaction as he doesnt want it picked up by anyone. He was made bankrupt in 2008 and discharged in 2009 and he is worried that if someone looks at his account they might think that his sister was hiding the money for him and has now given it back. Hes got himself in to such a state worrying that im worried for him which is why i have posted on his behlaf as hes so paranoid.

 

I told him to start transferring it back at 1000.00 a month as that shouldnt look to bad an could be maybe seen as him payng a loan back or something?

 

Hes worried about the tax man, the official reciver, getting caught up in fraud and all sorts. I guess im trying to find out whta the best thing to do is for him.

 

Its a weird one i know and his sister should have never put him in this position. Whats the best way for him to get this money back to her with the least problems?

Edited by billy1969
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Hello and welcome to CAG.

 

I hope someone will have some answers for you, as this looks like a difficult situation for your friend. I think this could be picked up if anyone like HMRC run a check for any reason.

 

And as you say, the sister's reasons were not good and she should not have put him in this position.

 

Roughly how much money is involved, to the nearest £5/10k please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thanks Honey. 70k as ive told him it think a good idea to start transferring it back but in small amounts?

Edited by billy1969
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I would have thought any tax implications would have been at the original transfer. However, it is my understanding that as long as transactions are under £4,000 then there will be no need for the tax man to be notified.


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OK and what about the offical receiver would they think that he has been hiding the money that has now been transferred to him by his sister? could they sieze the money or see it as fraud?

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Was the money transferred before or after the bankruptcy?


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after. Hes worried because he went bankrupt for roughly the same amount as is now in his account so could that be seen by the Offical reciver as him deliberatly concealing the money until after the bankruptcy?

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i think its best he gives it back to her. She was going to leave it to him in her will andi guess she thought she could give it to him now.

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A mate of mine agreed to look after his sisters money which she was leaving to him anyway that she had in savings so when she retires in 2 years times she can claim benfits. I know that sounds bad in itself but can you just bear with me because hes in a right state about it.

 

 

how can she claim benefits when she retires with 70 k in the bank?

not adding up at all

even if its in your friends account it belongs to her and

its very strange he hasnt had to pay tax on this money it would flag up at HMRC.

that in turn would trigger something up at the receivers office maybe

careful I would say

Edited by thegingerone

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Ok the money has been transferred over a period of time in smallish chunks , nothing has ever been picked up by anyone, well yet which is why he's panicking so much as someone mentioned to him that the tax man may look into it or the official receiver.

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She's paid tax on it herself as it it savings.

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If the money was transferred after he was discharged from bankruptcy I can't see why the Official Receiver would be interested. There will be an issue if the money was received after he declared bankruptcy but before it was discharged.


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She's paid tax on it herself as it it savings.

 

Hello again.

 

I'm not sure how that works. If the money was in her brother's name, why would she pay tax on it? Maybe I've misunderstood something...

 

HB


Illegitimi non carborundum

 

 

 

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Wow, I think he's done really well, if someone put 70K in my bank account it wouldn't be there for long, Sister or not.

 

H


40 years at the pointy end of the motor trade. :eek:

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