Jump to content


  • Tweets

  • Posts

    • Tend to agree Hammy, but I think if you have a number of DD's going through every month and the reference/descriptions does not clearly identify what it is for, then many people would not have queried it.   How many people still go through their Bank statements regularly to check every item. ?  I have mobile Banking now and keep an eye on the payments going through, but when I had printed statements sent, i only checked them every few months.   Normally for Insurance refunds in these situation, the Insurers should consider refunds of up to 6 years, if it can be evidenced that the Insurance was of no value.  e.g. the Insurance was for a specific risk which is no longer owned.   The DD was set up over the phone as a variable DD amount and the Insurers should have issued communications about increases to the email or postal address provided for this purpose.  When the DD was set up originally D&G would have had to send confirmation of the DD terms and rights of cancellation etc.  You can try to ask Natwest for a refund under DD scheme, but you may struggle with this.    Ask D&G to look at your refund request again as a complaint and advise that if not settled, you will ask the FOS to review.  D&G would be charged a fee by the FOS if you went that far, so they may try to offer you a refund amount, to avoid this.
    • The state-backed savings giant has been accused of abandoning older customers in its drive to axe prize warrants to save money and paper by only consulting customers with an email about the change. View the full article
    • Savers who put £10,000 in the average tax-free cash Isa ten years ago would now have £9,772, new research shows. This is because inflation has outstripped the interest earned on savings. View the full article
    • I did 3 times and havent received any terms and conditions, im just trying to back up my arguement should it get to court and they produce one, then I can tell well, they 1. Didnt manage to show 1 3 times I asked. 2. they cant even get their dates right on the paperwork so why should this be nay different to this paperwork.
    • A three-week work experience opportunity in the Civil Service is being offered to young people with autism, aged between 18 and 25 View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Please note that this topic has not had any new posts for the last 2585 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

Hi all,

A Pre thanks for any advice given.

I'm currently due to go to ET on 9th Jan and after a lot of emails from respondant, I have received the old "without Prejudice save as to costs" letter saying.."In the circumstances, and for the reasons listed above, the Respondent believes your claim has no reasonable prospects of success. Notwithstanding this in an attempt to bring this matter to a conclusion without further costs being incurred the Respondent is willing to withhold pursuing you for the costs it incurs in defending the claim, should you agree to withdraw your claim before 02 January 2013. If you choose not to withdraw and this matter progresses to hearing and you are unsuccessful, our client reserves the right to draw this email to the attention of the Employment Tribunal and make a cost application against you. Rule 76(1) allows a Tribunal to award costs against a party who has acted vexatious, abusively, disruptively or unreasonably in proceedings or when a claim had no reasonable prospects of success."

I know this hardly ever happens but I was wondering how to reply I and a few other people some professional (not Lawyers) believe I have a strong case their 'paperwork' and 'witness statements' are pretty awful as in they contradict them selves.

I find it pretty shocking that they have suggested I have been vexatious, abusive, disruptive or unreasonable I find this to be discriminating against me.. I don't want to be picky but I want a decent reply to them. I highly doubt "IF" they did win the would be awarded costs as I have a family (Wife and 3 Kids) and currently on JSA (Not by choice).

 

Sorry for the long post and thank you

Merry Christmas to all

Gary

Link to post
Share on other sites

I just wanted to reply to show that I will not accept there offer which is nothing and that I will if need be take it all the way to the tribunal and try to be professional and I won't be deterred by these sort of letters etc.

Thanks

Link to post
Share on other sites

best thing to do is ignore it; that'll be more annoying for them.

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

but they haven't offered resolution. they've offered an almost not at all veiled threat which requires no response. "Agree a settlement" doesn't seem to appear in that letter.

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

Firstly, you need to look at the facts of your case and its prospects of success. What is the basis of your claim - Unfair Dismissal? Discrimination? Whether you win or lose will primarily be the result of how the facts fit the claim, rather than how well or otherwise one party has prepared the paperwork. For an Misconduct Unfair Dismissal case for example, where the Respondent only needs to demonstrate that they had 'reasonable' grounds to believe guilt, and that dismissal was a 'reasonable' sanction to impose, then they may not need much by way or evidence to corroborate this.

 

Secondly, it really isn't worth playing letter tennis in these circumstances. You have received a standard letter, which isn't accusing you necessarily of acting vexatiously, but hinting that your claim may be misconceived. The only response I would give, is to state that following due consideration of their letter, and having taken legal advice (have you actually done this - even if only a free session with an employment solicitor?), you refute the suggestion that your claim does not have a reasonable chance of success and consequently you will not be withdrawing the claim. There is no need to try and be clever with them.

 

If the claim goes to a full merits hearing and if you were to lose, they may not even apply for costs, especially if you set out your claim with clear reference to the law. If there is a costs application, then the Judge will need to consider firstly whether you have acted reasonably in bringing the claim and whether there was a clear argument that the Respondent acted unlawfully. he will also consider to what extend the Case management Orders were followed, and your conduct during the case. You will have to be shown to have had no real prospect of success, or to have frustrated the legal process in order for them to be awarded costs - and Judges do not like WP letters which are used solely as a scare tactic, even though they are almost routine nowadays. If you can demonstrate that you also took qualified advice before proceeding to a hearing even after receiving a costs warning, then this would also be in your favour.

 

What is the basic outline of the case?

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

The Basic outline of the case is Constructive Unfair Dismissal, I resigned due to a fundamental breach of trust by my store manager, I can prove he has lied on numerous occasions with the evidence I hold, I also went through company grievance policies first to try and resolve this but was to no avail. The Company have only got hear say evidence and the witness statements them selves are not correct regarding my grievances and the dates do not coincide.

Thanks

Gary

Link to post
Share on other sites

Right, so sounds as though you have some evidence to support your claim, which if the Respondent cannot refute those allegations, the matter will be one of whether any breach of trust was sufficient to justify a resignation. You clearly also sought to resolve the matter more informally.

 

On that basis you will already have gone some distance to indicate that you are being reasonable in bringing a claim. Have you met the deadlines so far imposed by the CMOs? What stage is the case it currently?

 

Not responding to a WP costs letter may well result in a further warning that you have failed to address the substantive points raised in their letter, perhaps even quoting Peat v Birmingham City Council where a failure to consider the points in a WP letter could be held to be unreasonable conduct under Rule 40(3). Better to draft a simple response which states that you have considered each of the points that you have raised and that your actions in bringing the claim are not vexatious, nor have you acted unreasonably or, considering the substantive points of the claim, is it misconceived in its nature. Do not give any detail or show your hand in any way as this may well be used to help the employer to shape a defence around your likely arguments.

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Hi I have followed every step and date given in the order we have just exchanged witness statements, we only have one step left on the order and then the tribunal date I have been offered a commercial offer through acas which was offensive if i'm honest my schedule of loss is over £25k and they offered £500. They have said they believe they have a really strong case (well if they do then mine must be duper strong).

 

I have sought legal advice but this was at the very start and the Employment Lawyer said it seems a strong case but that was without all the evidence I have since gathered

 

Thanks for the advice

I will send a small reply

Gary

Link to post
Share on other sites

Hi Dolbeair,

 

such a scare tactic is not unusual by a Respondent. If you are worried about this you could write and ask them to immediately email you the schedule of the costs they would submit (so that you can at least gauge the risk).

 

In addition to Sidewinder's useful post #7 above, it is also worth knowing that the judge, in considering any costs application, would also have to take into account your ability to pay any costs which the respondent's have applied for, before making any such award.

Link to post
Share on other sites

I refer to the letter and email I received recently regarding the above.

I have considered each of the points that you have raised and my actions in bringing the claim are not vexatious, nor have I acted unreasonably, I have not been abusive, nor have I been disruptive considering the substantive points of the claim.

I believe Mr :evil: breached an implied term of trust and confidence with myself which I find is a fundamental breach of my contract thus leading me to resign, I also believe the evidence I have not only proves that Mr :evil: breached my trust but that he acted on his own thoughts and not in my best interest. Due to this the return to work under Mr :evil: was not possible.

 

The evidence I have can prove that my resignation was a last resort as I tried to resolve any issues amicably and through the grievance procedure set out with in work policies.

 

How does this sound as a basic reply.

 

Thought it was basic SCARE tactics I'm not worried about them claiming for costs as I'm pretty confident they will lose and if they do win i have no financial back up so will not be able to pay

, don't own my own house either so no equity.

 

Thanks

 

Gary

Link to post
Share on other sites

Why do you even bother to write to them?

You are not obliged to explain anything to them, you will do it to the tribunal.

 

Of course the respondent's reps will threaten you with all possible things, it's their job.

Yours should be to ignore it.

Link to post
Share on other sites

If you are to respond, I don't think you need to go into the detail of the case. Personally I would acknowledge receipt of the message and state that you do not agree with their view of the case. Whilst you would be willing to consider a settlement, any offer should be realistic.

 

 

I would go no further than that.

Link to post
Share on other sites
Of course the respondent's reps will threaten you with all possible things, it's their job.

Yours should be to ignore it.

 

If the other side are threatening a costs application it requires consideration - it should not be ignored - that would be foolhardy. You need to assess the risks of that threat.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...