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    • Thanks. In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case. And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.  
    • Some of this seems to hinge on him not being properly instructed by POL or their legal reps. He was said to be an independent expert but doesn't seem to have known that he should reveal all evidence he was aware of and not just the bits that suited Fujitsu/him. I know he asked for immunity from prosecution, is it still the case that Wyn Williams doesn't want to do this? The last I saw there was still a perjury ivestigation.
    • So I like a bit of fun with the horses and have a few profitable tipsters, when i make a profit i re-invest and try more, nice little way to work on the side. This site looked promising however after joining a Telegram group I was not at all happy with the service as it was completely dead.. a week went past... I thought it was brokedn (expecting 14 tips by now)... 2 weeks went passed.. a tip came in about something happening in a few weeks... the month was nearly up (£49 couldnt be recouped by these bets) I complained via email asking for a refund as it was not as advertised, website says 1-2 tips a day, i expected that.  There's no way i could recoup £49 a month on 1 or two tips.  I didnt get a reply. I tried again,  no reply. Ive then had to up the email wording to request Im now really not happy. I get a reply and it appears they agree a refund (this doesn't get processed) Fed up i send a notice before action letter. I then get various emails of a very unprofessional manner and one towards the end that sounds a bit like a threat. I would encourage others to be very cautious about this website and if that was a threat (I know where you live, i have your postcode)  It becomes a police matter.  Im sure, it is just a recording of my personal data so I cannot be allowed in the telegram group again. Either way, is there anything ive missed? Emails below in order.   On 22/05/2024 11:31,  wrote: Hi I havent had a response to my last two emails, and Im not getting what's displayed on the site (1-2 bets a day) Please can you process a refund as its not what I was expecting   Thanks   --------- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:17 To:  Subject: Re: REFUND   Hi X, Are you still in the private telegram group? Regards, Ash -- On 22/05/2024 12:21, I wrote: Hi Its all still logged in yes as per the day it was set up   thanks ---- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:25 To:  Subject: Re: REFUND   Hi X That is fine. When did you send the previous emails? This is Marc speaking here I run the service. So on the 1-2 bets per day, some days there are no selections because there is no value or information. It is impossible to make profit long term betting every single day. Did you get on Macduff 33/1 for the Derby? Regards, Marc ----- From: X Sent: 22 May 2024 12:41 To: info@premiumracingtips.com <info@premiumracingtips.com> Subject: Re: REFUND   Hi Marc, I sent a mail on the 16th initially then Monday this week to follow up.   Yes, Got a Derby tip through but nothing else in a week   Ive based this on needing £50 profit required to break even, so expecting 1-2 bets a day (sorry) , £2 average bet profit needed to make a small profit after the subscription fee, as a test then move up as confidence grows   I probably need a larger starting bank to benefit from this properly.   Thanks X ======================================== Then, no further correspondence received until almost a month later: ====================================== 17/06/2024 Good afternoon,   Further to my correspondence below I am notifying you of court proceedings.   If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Court fees will be added to the final invoice adding £215 minimum to the refunded amount and this will affect your ability to get credit.   I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours faithfully, X   ============== NOW i get a response! =============   Tuesday 18th/06 Evening X Firstly, I know the law (family member is a QC) so this legal jargon does not work with me. Secondly, you were already processed a pro rata refund on the 5th of June 2024. Sometimes this does not appear on the bank statement. The bank can find this with the Acquirer Reference Numbers (ARN) - 88888888888888888 Once the bank have confirmed this I would personally like an apology for the time you have wasted and the serious accusation. Regards, Marc =================================================== I was going to drop it at this point, throw it in my spam folder as a mistake in my judgement, lessons learned to do due diligence on such a company next time, however this then got my back up when a pestering follow up arrived: ==================================================   From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 20 June 2024 18:35 To:X Subject: Re: Notice Before action - Court proceedings   Hi X Still waiting on a response and an apology? Regards, Marc --------------------------- On 21/06/2024 09:11, X wrote:  I dont think you read the email correctly, so I will presume you misunderstood.   The only thing Im sorry about is using your service.    To recap:   You didn't respond to emails, of which I had to send multiple to get an ounce of attention You did not confirm any refund or ask to agree on pro-rata reduced refund You do not send out 1-2 tips a day as per your website (trade description act breach) And you seem to forget who is the customer here, you have been dismissive and non responsive and now asking for an apology??   My 14 day notice still stands, I am currently not satisfied with the response and a full refund is still outstanding.   This can be processed easily and without further waste of time. Please process this or send on your final response on this matter (letter of deadlock) so next steps can be taken.     ------------------------------------------------- Sun 23/06/2024 21:18 High importance You replied on Mon 24/06/2024 09:06 Evening X Thanks for another email. Payment has been refunded Acquirer Reference Number (ARN) 8888888888888888888 (altered for security) I am sending this again as you did not acknowledge you have received the refund. This was processed on the 5th of June 2024. Sometimes I have bad actors that join my service and try and defraud my business with similar tactics to what you are attempting. It's pretty embarrassing that you are attempting to defraud a business after you have already been refunded. Tells me a lot about your character. I advise you use this link - https://www.gamstop.co.uk/ Also, for future reference this is your postcode - xxx xxY ???  (altered for security) Regards, Ash -------------------------------------------- My final mail: --------------------------------   I do not agree with any of your statements, in order for fraud to occur something must be untrue. You have other unhappy customers, that's interesting to know.   I acknowledge a partial refund has been received for  £24.99  - so  £25 is still outstanding.  I do not agree to a pro rata refund for something I haven't received.   Thanks for the link, but it doesn't apply to me (unless that was an insult, if so, you're 'business' condones insults to customers?)     Thank you for acknowledging you also have my personal data on file. Under GDPR, I do not consent to you storing any of my personal data and this now must be deleted as well as anywhere it may have been shared.   Thank you  
    • He will be grilled thoroughly, however those above him as culpable.
    • Here is the start of the revised letter to IPC.  do not worry about repercussions from CPM they should have enough problems without  picking on you as well. particularly as they know the case against you is lost.   IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a  PCN on 8/3/24 which was sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar after receiving the Reminder on 16th April 2024. Despite being not the only motorist who has not received A Notice to keeper from CPM. that is not the reason for my complaint. The reason is that when I received the NTK as a result of the sar I noticed that it stated I had 28 days to pay their demand starting from the day after  the NTK was given.  As the NTK was deemed delivered on the 15th March 2024, the earliest the Reminder could have  been sent was the 13th April 2024 which was a Saturday. Yet not only was the Reminder sent a day early before the 28 day period had elapsed their Reminder averred that the 28 day period had elapsed. This is a serious breach of the Protection of Freedoms Act Schedule 4 S4 [4] 4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given. It is also a breach of your own Code of Practice and calls into question their ability to obtain keeper details from the DVLA. I believe it is a breach of my GDPR . I assume that my CPM Reminder is not the only one that has breached the Act so as you will have to contact CPM and presumably the ICO and the DVLA  I will not be expecting a reply from you for 10 days. However I do hope that you can expedite the matter to avoid me complaining to the ICO and the DVLA.                                        Yours Sincerely  
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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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
        • Like

Is this constructive Dissmisal?


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Hello

 

I recently started working for a local company and have come across a few issue

 

I started working at my current employers on 2nd October 2013. During which time a formal contract has never been drawn up for me to sign.

I started the job after the staff their jokingly told me how the previous employee had a 'meltdown' and left. The joke was that 'A' the accountant and her always argued.

 

Within my first few weeks various small amounts of training on sage and accounts was given but nothing substantial.

I report to the Sales Manager and as such voiced concerns to him which he agreed with and said he would address.

 

Further issues have arisen between me and 'A' as he a very rude man and expects me to do a role which i was neither hired to do or have been trained adequatly for.

I have also voiced these concerns to the sales manager of which he told me not to worry about

 

I have tried very hard in this role, staying back late and coming in one saturday to catch up on invoicing after being out driving (which i was not hired to do) the day before.

 

There was a meeting around 3 weeks ago between 'A' the sales manager and myself to ask how i felt i was progressing, again, i voiced the same concerns which was agreed id get help with, these changes have not happened.

 

Today i overhead a conversation in another office on the fact that 'although im a lovely girl, they don't think i can do the job and then discussed what to do with me, including giving me a paycut' No one apart from myself and my partner knows i heard this

 

I did not take this up with anyone, however this evening when i got home and looked at the online job situation, low and behold, there is my job role advertised with the same pay... Everything the same.

 

I feel terrible, no one has spoken to me about this. I have not had the extra training or changes i was promiced ie not being left in the office on my own while the sales manager moves house and now they are advertising my job after everyone has been acting nice this afternoon.

What do i do? I need this job but i feel like i have been made a fool of, do i even go in tomorrow?

 

Please help and any advise on where i can go from here?

 

thanks

 

Mia

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Do i not have any rights at all? They have not discussed this with me and i have noted on several occasions that i need more help of which has not been given?

Obviously working for said company is not something i want to continue and i am now actively seeking another job, however i am basically being pushed which i was under the impression is constructive dissmisal?

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Quite simply you have no rights in this situation. It may not be what you want to hear and no it isnt constructive dismissal

 

They are within their rights if they want to give you the push if they dont feel that you are competent to do the role.

 

So fiind another job and move on asap. When are you due to be paid...?

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It actually could be constructive dismissal, but the problem is length of service - you need two full years service for a standard CD claim.

 

After one month I think you need to accept that it's a poor job with poor people and find something quick! If they dismiss you and you've been there over a month then they need to pay you a weeks notice pay.

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