Jump to content
  • Tweets

  • Posts

    • The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it. The best thing to do is to keep it simple.    
    • The Chinese-owned app is tying up with Shopify to create video ads and hiring thousands of engineers. View the full article
    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B                 pox.pdf
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2140 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,

 

Hoping someone can help me here..

 

 

.unsure if I can claim against unfair or constructive dismissal due to the timeframe etc

and am seeking advice on what to do and where to go so here goes....

 

I dismissed from an employed back in August for what they have described as gross misconduct.

 

 

We worked in a sales environment and from their side they believe myself triggered a commission payment

to a junior member of staff deliberately.

 

I did not accept this claim and they dismissed myself but was however offered a lower ranking position

where the salary was 5K less and due to the commission I had from my role would total 15K less per year if accepted.

 

 

There was other incidents in the office where people had done the same and never been penalised

and feel this was mainly due to the fact I had 3 weeks off.

 

Senior members of staff including my line manager often let us change "files" into other members of staffs names

to ensure they hit target so to me this was quite the norm.

 

We worked in a heavily commissioned sales environment and quite often were tasked with doing junior members of staff roles,

telesales etc and this impacted heavily on our commission also.

 

In the May/June I was signed off sick by my doctor for stress and anxiety due to work and a marital split

and was continually told by my friends who I worked with/colleagues that if I did not return to work after being signed off

I would be demoted on my return.

 

I decided to return after sick leave and was then confronted with the fact my targets were now increased

(along with 2 other members of staff) over and above everybody else in the office

and having 3 weeks off I was never going to hit these targets and miss out on significant commission payments.

 

I was offered a lower salaried position but declined for financial reasons

and the fact I had time off sick and was now even more worried about my job and home etc

and felt due to this claim being brought against me I had no choice but to decline their offer of employment and to leave.

 

 

I worked for the company for 3 years but had 2 breaks from the employer,

once in year 1 after 6 months and after 20 months for various reasons including the company threatening to withold commission payments.

 

Any more Q's please feel free to ask - I know I may have missed the deadline to claim but this is now impacting me on future job applications

 

Any help would be greatly appreciated.

 

Thanks :-)

Link to post
Share on other sites

Call ACAS helpline on 08457 47 47 47. Your options are limited, but you may have a disability discrimination angle. For such a case the Employment Tribunal may extend timeframe to claim up to 6 months. .. ie February 2014 ! You can always try and call upon your ex-employers better nature and explain that you may be making a disability claim under Equality Act 2010. They may then compromise with you and at least help you with a positive reference. . There may be options via breach of contract or disability discrimination in a county court which has a 6 year time limit (Breach of contract) ,or 6 months (i think) under Equality Act. Based on info you've given it's impossible to gauge whether a) you even have any heads of claim, and b) if in any event such a claim has any merit.

Link to post
Share on other sites
On what grounds would it fall into a disability case? Is that because of being signed off as thats all there is disability wise I can see?

 

Superdry ... In past 3 years I have virtually lived and breathed the Equality Act, and know how to engineer a claim out of even the most basic heads. Based on info given there is a prospect of a claim. 1) Prima facie OP can be categorised as being disabled ... 2) he appears to have possibly been forced back to work and 3) no evidence or attempt to make reasonable adjustments ..and 4) was potentially then treated less favourably than a non disabled member of staff . Long shot, but he only wants a reference. Scare them and they may well compromise.

Link to post
Share on other sites

The six months extension period simply isn't true. Please don't follow this advice.

 

A brief period if work related stress is not a disability. A disability in law is a substantial impairment which affects your day to day activities (not just work) and which lasts a year or more.

Link to post
Share on other sites

Jurisdiction can go over the time, if there is a legitimate reason it couldn't be done in the 3 months.

 

Also I think the other criteria is " which may be expected to last more than 12 months"

 

Disability is quite a hurdle to establish and is the first thing a respondent will try to disprove.

 

In my experience you have to actually bring a claim before your employer would consider a deal.

Link to post
Share on other sites

I agree with becky. I am not seeing any real claim here. You don't qualify for an unfair dismissal claim as you don't have 2 years continuous service, and you missed the very strict 3 month deadline for bringing a claim. You need an incredibly good reason why it was not possible to bring the claim in time to have any chance of getting an extension.

 

The only possible claim I can see is a claim for one week's notice pay, if the employee was not reasonably justified in dismissing without notice for gross misconduct. This kind of claim is not subject to the 3 month deadline if brought in county court. But to be honest if you changed the name on files to help a junior employee meet his targets I think that would be gross misconduct.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

With respect i think members may be missing the point of what the OP is truly seeking. A reference.

 

You are correct re ET claim prospects ... close to zero. ... and without an EX160A fee exemption it would be a waste of at least £250 filing fee.

 

Re Becky's comments- They seem to be unusually harsh and disproportionate. Re comment 1 - the six month extension is not false. I applied after 5 months as a disabled person, and got claim accepted. I also think Disability discrimination can still be lodged in time in civil courts. Again, a long shot, but a letter before action may lead to a compromise ....ie a reference.

 

Re comment 2 . Technically the OP may well not be disabled. BUT, that does not mean the OP may not be able to make an argument re disability ..possibly a compelling one. You do not need to have had a mental illness for 12 months to pass the test ... the test is either 12 months...or has potential to last 12 months or more. OP's condition could re-occur. I have dealt first hand with many mental health sufferers who have had condition for less than 12 months and yet been categorised as being disabled.

 

Anyhow, as I correctly stated to OP, try ESAS . Their guidance is accurate.

Link to post
Share on other sites

Disability is something that would last 12 months and is expected to be permanent. There are certain diseases that are automatically considered permament even if you have only had them a short while such as MS. Permanency for work related stress is almost a non-starter. Repeated bouts of depression can be considered a permanent disability even if you arent having a problem at the moment.

However, your dismissal wasnt related to any disability and you didnt say that you told your employer that you considered yourself to be disabled by your mental health issues.

I dont think there is any mileage in a claim and a reference after dismissal for gross misconduct is not going to be helpful. A personal reference from on of your senoir colleagues may be a better bet

Link to post
Share on other sites

badback2 - the rules for getting an extension for disability claims and getting an extension for unfair dismissal claims are different. It is much tougher to get an extension for unfair dismissal claims. The Tribunal won't examine this when deciding whether or not to accept the claim - it will be considered later down the road or employer can ask for the claim to be struck out.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Again i think some members may be missing the emerging point of the thread.

 

I agree that the OP has no hope of an in time ET claim. I was merely passing on some of my own experiences to counter some member replies which appeared to infer that I was away with the fairies lol

 

As far as I am aware the OP is no longer seeking UD . He just wants a reference . End of !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Maybe a new thread and topic is required as this post may turn into a member's point scoring farce which may regrettably be unhelpful to the OP for whom we are meant to, if at all possible, support !

Link to post
Share on other sites
  • 3 weeks later...

Hi All,

Hoping someone can help really regarding the entitlement to holiday despite losing my job.

I worked from the start of the tax year and more, so 1st April and lost my job due to a sacking on 5th August last year.

Upon leaving my job I was not paid any holiday pay and I am now under the impression that I should be entitled to holiday from 1st April to 5th August. So if my calculations are right it would be 5.6 x hours worked per week which was 37.5 = 210 x the pro rata for the year which would be 4 months, which would be 210 hours per year (210 divided by 12 x 4 months worked).

Does anyone know if I should still be due my holiday despite being sacked from the job??

 

Thanks all

Link to post
Share on other sites

What were you sacked for, sometimes some companies can withhold holiday pay depending on reason for being let go... Happened to me.

 

Dont worry, we wont probe any deeper into what happened, just a rough idea.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Well its a long story, split with the ex and had 3 weeks off with stress and anxiety as im also ex forces. When I returned to work my targets were increased etc (sales job) and I was under duress. I was sacked for in their eyes what they call misconduct

Link to post
Share on other sites

Not yet as wasnt sure if I was entitled to anything. From various sites on the net however it would seem so. The year before I also lost 20 days holiday due to not being able to take them, only 2 staff were allowed off at a time and we had 30 staff who were all entitled to 28 days leave!

Link to post
Share on other sites

I thought you resigned? (declined offer of a demotion). Was that with or without notice?

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...