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    • 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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pstringy76

debt from germany being chased up in England

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i have received a letter from interum justitia saying that i owe just short of 4000euros to citibank in germany...... now i did have a loan off citibank whist i was living in germany but i fully repaid this this via direct debit and finished paying this loan off around 14 years ago......... i have told the debt collection company this and they say they are getting some paperwork from citibank to pass on to me...... i have emailed my old bank in germany who say they only keep account info for 10 years so i cant prove that i have paid......any advice what i can do?

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I would think it might be worth looking what their statute of limitations is. 14 years ago ?

 

It would have been well statute barred in this country.


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Germany

 

  • The standard limitation period is 3 years. It applies to all claims in contract and in tort if not otherwise provided in statutory law or case law.
  • 10 years for claims for the transfer of the ownership of land and the creation, transfer or cancellation of a right to a plot of land.
  • 30 years for claims for return of property duly owned.

The limitation period starts running from the end of the year in which both:

 

  • The claim arose.
  • The claimant obtained knowledge of the circumstances giving rise to the claim and the identity of the defendant.


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So even if you left a debt behind, it should have been subject to limitations law many years ago and could not be enforced now.

 

If I were you I would write back saying that you deny that there is any debt. The only debt you had in Germany was paid off more than 10 years ago and even if there was a debt, it would be subject to statute of limitations law of Germany. Suggest to them that they have been sold a debt that does not exist or is not enforceable and you do not wish to be contacted again.


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So even if you left a debt behind, it should have been subject to limitations law many years ago and could not be enforced now.

 

If I were you I would write back saying that you deny that there is any debt. The only debt you had in Germany was paid off more than 10 years ago and even if there was a debt, it would be subject to statute of limitations law of Germany. Suggest to them that they have been sold a debt that does not exist or is not enforceable and you do not wish to be contacted again.

 

broadly this – except I would give them less information and I wouldn't tell them about any debt in Germany. A simple denial and asked them for evidence or else you don't want to be contacted again and that you will complain if they do


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cheers guys....... i will get a letter sent to them asap and see what they have to say....... it just really annoys me as i know i left germany with no debts........ i was still in germany for a further 2 years after paying off my loan so i have no idea where this has come from....

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