Jump to content


  • Tweets

  • Posts

    • i dont think you need to supply a 2nd defence, thats not usual so lets see these notes and the sheriffs orders please about exactly what you have to do.   the only thing above in your list which has any worth in moving forward with is 1 b+c the rest forget. we've already concluded that ex didn't settle the OD so forget that and anything to with HBOS , not relevant.   you either exploit the mistakes in intrum's claim, its an OD there is no agreement under the CCA, there is no DN issued as its not covered by section 87 of the CCA.   go read how your original defence should have looked post 26 here Cabot/Nolans Simple Procedure - old HBOS OD debt - Page 2 - Scotland Financial Legal Issues - Consumer Action Group   particularly from The claimant is also put to strict proof to:-   carefully noting what the claimant should be producing, which should they fail to provide should render any success in the claim fatal         
    • Absolutely. They must take responsibility for the return. It's nothing to do with you. You don't want to send something off – and then find that it's not delivered an then you have another argument on your hands because it would probably be down to you. You must wait until they respond and either they make a reasonable arrangement for the return – which doesn't cost you anything – or they tell you to keep it – or something. The important thing is that they become responsible for the return and if you end up sending it yourself, you are simply following their instructions. In terms of the credit card, well done – that you didn't pay by bank transfer, for instance. Get hold of the credit card company and begin the process of a section 75 claim. If they ask you if you have return the item yet, tell them that you have made strenuous attempts to reach the retailer and they are not responding and that you have a paper trail to show the messages you have sent which to date have not received any reply. I suggest that you read our customer services guide before you start doing anything on the telephone. You've been here since 2016 so you do that already don't you?
    • Have received a letter from the tribunal service advising that my defence has been submitted to the claimant and more info will be provided if they wish to pursue. 
    • Hello DX   I am back seeking your help  . . kindly.   After the last CMD on 17 February we were given 21 days to submit the following:   1.    written note of my niece’s defence to specify:              a.    When and by whom the settlement amount mentioned in the initial defence was paid.               b.    Explaining the specific issue of the default Notice, if you remember they said in their case that it was issued.               c.    Specify the amount and dates of the bank’s charges that are in dispute.   2.    Should we need to call witnesses, I presume for ex-partner or HBOS, we can do that on Form 10A   3.    We can seek order from the court to HBOS to submit documents, Form F10B.   I need to submit a new defence without emphasising the role of ex-partners for two reasons. One, he might not paid the settlement. Two, he is the forces and it is unlikely we can locate where he is even to get a witness statement from him.   I would appreciate your thoughts to see how best to present the new defence.   I have few days yet as I need to submit before the end of the 21 days (I worked out to be 10 March).   I could upload the pdf file of the notes of the last CMD, sensitive information Redacted, for your to have a glance at it.   Thank you
    • Holders of Wyelands' 35 and 95-day notice accounts will be paid until the end of the notice period and savers who held fixed-rate accounts will be paid up to the end of their term. 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
      • 33 replies
  • Recommended Topics

Sacked for blowing over 1 in the Police drink drive Rule.....


Please note that this topic has not had any new posts for the last 2170 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

Hello Guys / Gals,

 

I love coming here as there is people that give expert advice, and if followed you can save a scrape or two.

 

I have a mate that works a 6-2, 2-10 pm shift, on this day he has gone in early at 5:45am. He has had a few beers that day before and someone has smelt alcohol on his breath. He has suggested that there is some harresment from some fellow employees.

 

Anyway, he has started work at 6am but got breathalyzed at 6:15am.

 

This had a reading of 36... 1 point over the 35mg limit...

 

West Yorkshire Police do not Prosecute anything under 40mg

 

My mate had, mouth wash and Benylin which apparently can bump up dodgy lion 500 Alcometer readings.

 

They only give one chance on the blow meter, instant termination....

 

Does he have a chance?

 

He got set on the books, but not been there 2 years....

 

Ideas?

Link to post
Share on other sites

Unless he had the mouthwash seconds before he took the breath test, and drank a few bottles of benylin before the test, then I doubt there is much he can do.

Link to post
Share on other sites
Unless he had the mouthwash seconds before he took the breath test, and drank a few bottles of benylin before the test, then I doubt there is much he can do.

hi, i disagree with this post.

 

mouthwash can give an artificial reading upto around 20 minutes after it has been used.

 

drinking a few bottles of benylin VS normal dose of mouthwash would probably produce more or less the same breathalyser result. (though a different blood test result)

 

the only accurate alcohol test would be from a blood sample.

 

maybe your friend can use that in an appeal? sorry, i can't help with the employment/dismissal issue

Link to post
Share on other sites

I've been through all this in the past. Not again.

 

Either way, did he make it clear that he had taken mouthwash shortly before the test? If not why not?

 

The reason seems obvious.

Link to post
Share on other sites
I've been through all this in the past. Not again.

 

Either way, did he make it clear that he had taken mouthwash shortly before the test? If not why not?

 

The reason seems obvious.

 

then i shall google for you...

 

Mouthwash and breath spray may mask the smell of alcohol on your breath, however using these substances just prior to a breath test may actually increase the BAC level you register. Mouthwash and breath sprays frequently contain alcohol and will leave residual alcohol in your mouth and on your breath for up to fifteen minutes after use. You are very likely to register a higher result if you use these products a few minutes prior to being breath tested. It is important to note here that obtaining an accurate alcohol test result requires two things: 1) an accurate instrument and 2) utilization of proper testing procedures. That is why it is universally accepted that an accurate result requires waiting 15 minutes to take the breath sample after the tested subject has put anything into his her mouth.
http://www.lifeguardbreathtester.com/Select_Breath/pbt_myths.shtml

 

Above quote mentions residual alcohol in the mouth. Factors which can increase the residual alcohol - the readings and the times are periodontal disease (gum), dentures. It is argued that the mouthwash can get trapped within the gum and dentures - increasing the time.

 

As I said, only accurate reading is a blood test. Or a breathalyser, but the breathalyser should only be used after waiting, not instantly.

Link to post
Share on other sites

Did he use the mouthwash and benalyn after he started work?

If not

 

" however using these substances just prior to a breath test may actually increase the BAC level you register."

 

more than 15 minutes is not just prior

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites
Hello Guys / Gals,

 

I love coming here as there is people that give expert advice, and if followed you can save a scrape or two.

 

I have a mate that works a 6-2, 2-10 pm shift, on this day he has gone in early at 5:45am. He has had a few beers that day before and someone has smelt alcohol on his breath. He has suggested that there is some harresment from some fellow employees.

 

Anyway, he has started work at 6am but got breathalyzed at 6:15am.

 

This had a reading of 36... 1 point over the 35mg limit...

 

West Yorkshire Police do not Prosecute anything under 40mg

 

My mate had, mouth wash and Benylin which apparently can bump up dodgy lion 500 Alcometer readings.

 

They only give one chance on the blow meter, instant termination....

 

Does he have a chance?

 

He got set on the books, but not been there 2 years....

 

Ideas?

 

I didn't know the police had any discretion about the level they prosecute for drink driving. Was this a breathalyser at work or by the police? Sorry if I'm being thick.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

im thinking it was work

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Thanks both. You live and learn. Still wouldn't want it risk it though.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

You need to know the precise policy in force if this was a workplace breath test. As previously stated, there may well be a huge difference between what level is permitted in the workplace and what would be acceptable in a roadside (or intoximeter) test. What does the policy say about disclosure of having taken any substance likely to give a false positive? Is there an opportunity to delay the test after disclosing having used mouthwash or medication?

 

Whichever way you look at it, having a 'few beers' the night before, knowing that the workplace has any form of testing policy is living dangerously.

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

many occupations have a zero limit so is this company using a 35mg as a level for determining capacity? Ther are arguments that can be used regarding the meter and its use (or failings) but the company obviously has protocols that it uses so that may not matter as the protocol may very well override the necessity to have an exact figure to determine fitness to work after drinking. He would need to read the employmernt conditions very carefully before deciding what arguments to put forward.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...