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    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
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Hello,

 

A friend / colleague was struck off. She can not work as an RN since being struck off. After speaking with her earlier today, she has no intention of returning to the nursing profession (private or NHS) since the ordeal of the case against her.

 

However - she does want to clear her name of any wrongdoing.

 

At court, she was found guilty of neglect, a patient fell out of bed. In her court case, there are some concerns.

 

1. Her barrister didn't bring any of the witness statements from her colleagues which showed that the owner was infact lying and covering up in relation to her repeated request for maintenance.

 

2. On the night of the incident, my friend had to work a double shift (since there was no staff).

 

3. No attention given to the fact that the nursing home had approximately 10 or so managers in the 2 years prior to my friend accepting management position there.

 

4. No attention given to the fact and evidence that my friend requested a repair to the faulty bed, email sent to bed manufacturers, entry made in maintenance book, nursing home owners informed of bed.

 

5. At court, it was discussed that my friend disposed of the bed. It was then discussed that my friend was actually disposing of evidence.

 

There are a few other inaccuracies and concerns for court case.

 

Friend has given about £8,000.00 to the barrister dealing in the court case but feels that the barrister did not perform to the best of his ability since a lot of witness statements were ignored.

 

 

I know the owner of the nursing home (he is a GP). From what I understand, various other managers worked at the nursing home and left simply because repairs and maintenance was ignored. My friend has worked in other nursing homes which were due to be embargoed.

She is a very well known nurse and I know that some nursing homes actually have headhunted her because of her abilities to turn a bad nursing home into a good nursing home.

 

I have worked with my friend in a hospital and she is one of the few nurses I would consider to go beyond their minimum required duty when dealing with patients. I have not worked with her in nursing homes, though, on two occasions i did have to make a visit to nursing home where she worked. After reason for my visit concluded, she showed me around the home as she was proud of the fact that she turned it from being closed down to that of a much higher standard.

 

This nurse should not have been struck off.

 

Is it possible so she can make an appeal? Clear her name? She feels that if full explanations and evidence was shown in court, then she would have been found not guilty, whilst the GP who is the owner of the home is found guilty?

 

 

(Off topic, but I know of far too many GPs who own nursing homes)

 

Any help / advice appreciated, thanks!

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Hello,

 

A friend / colleague was struck off. She can not work as an RN since being struck off. After speaking with her earlier today, she has no intention of returning to the nursing profession (private or NHS) since the ordeal of the case against her.

 

However - she does want to clear her name of any wrongdoing.

 

At court, she was found guilty of neglect, a patient fell out of bed. In her court case, there are some concerns.

 

1. Her barrister didn't bring any of the witness statements from her colleagues which showed that the owner was infact lying and covering up in relation to her repeated request for maintenance.

 

2. On the night of the incident, my friend had to work a double shift (since there was no staff).

 

3. No attention given to the fact that the nursing home had approximately 10 or so managers in the 2 years prior to my friend accepting management position there.

 

4. No attention given to the fact and evidence that my friend requested a repair to the faulty bed, email sent to bed manufacturers, entry made in maintenance book, nursing home owners informed of bed.

 

5. At court, it was discussed that my friend disposed of the bed. It was then discussed that my friend was actually disposing of evidence.

 

There are a few other inaccuracies and concerns for court case.

 

Friend has given about £8,000.00 to the barrister dealing in the court case but feels that the barrister did not perform to the best of his ability since a lot of witness statements were ignored.

 

 

I know the owner of the nursing home (he is a GP). From what I understand, various other managers worked at the nursing home and left simply because repairs and maintenance was ignored. My friend has worked in other nursing homes which were due to be embargoed.

She is a very well known nurse and I know that some nursing homes actually have headhunted her because of her abilities to turn a bad nursing home into a good nursing home.

 

I have worked with my friend in a hospital and she is one of the few nurses I would consider to go beyond their minimum required duty when dealing with patients. I have not worked with her in nursing homes, though, on two occasions i did have to make a visit to nursing home where she worked. After reason for my visit concluded, she showed me around the home as she was proud of the fact that she turned it from being closed down to that of a much higher standard.

 

This nurse should not have been struck off.

 

Is it possible so she can make an appeal? Clear her name? She feels that if full explanations and evidence was shown in court, then she would have been found not guilty, whilst the GP who is the owner of the home is found guilty?

 

 

(Off topic, but I know of far too many GPs who own nursing homes)

 

Any help / advice appreciated, thanks!

 

 

She almost certainly would have been informed of her right to appeal.

If she wasn't, she would have grounds to make an appeal "out of time", otherwise any appeal should be made within 28 days of the ruling.

 

http://www.nmc.org.uk/concerns-nurses-midwives/in/appeals/

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From memory being struck off by the NMC has a 28 day appeal limit but this is where you should be checking "Nursing and Midwifery Council"

 

Her barrister should have advised the appeals limits and right to appeal. However the one issue here i'm focusing on is if she has consistently raised over the bed being faulty then why put someone in it. If after the accident she then removes it i can see why the employer used this as evidence against her.

 

Unfortunately unless you were stood there when the incident happened and know the exact chain of events from seeing them in person your opinion of her being struck off is irrelevant, only a court/tribunal can decide and they have - not trying to be dismissive here, just realistic, in my experience winning an appeal is always harder than defending the first case.

 

If her role was to assess the patients needs and she knowingly failed to provide the correct care/equipment or she failed to follow the care plan then she will have been struck off and these decisions are never taken willy nilly.

 

If they found her to be without remorse "not my fault, i told them the bed was knackered" or evasive/deceptive this certainly will have counted against her. Forget her opinion its the MNC's that matter in the cold light of day.

 

Sorry to be blunt, your being a good friend but this is her battle and her fight, unless you know this area of employment law and procedural requirements very well you will not be helping her at all.

 

I'd put money on it that if i read the ruling it would be crystal clear procedurally why she was stuck off and why she had little to no chance of success. I do like to have my words rammed back down my mouth on these occasision but every case i dealt with in this area needed a high level of evidence for the ruling body to even consider striking off, in the majority of cases the employee was easily dismissed but not often escalated to this level. I didn't cover NHS it was the POVA list in my case but their procedures and criteria were very similar.

 

Most importantly is she still in time to appeal

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If her barrister failed to raise certain points then she will get little sympathy from an appeal as the procedures were correctly adhered to and no challenge to the law so nothing really to consider.

I know from experience of other appeals matters that having a good case as far as the facts go do not trump the correct procedural matters and you dont win.

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thanks for all your help!

 

She did not appeal within the 28 days.

 

The question I would be asking is what action the nurse took at the time about repairs not being done and so forth, such as reporting to the CQC.

 

1. Staff reported that the bed is broken.

2. Friend sent email to owner of nursing home (a GP) plus email to the manufacturer of the bed asking for its repair.

3. Friend asked staff to place the resident in a different room, staff did not do this.

4. Friend had no choice other than to work a 24+ hour shift because there was a shortage of staff. Friend does not get paid for working extra. During this extended shift, the resident fell out of bed and fractured his hip.

 

At court, the barrister did not mention the emails as above. No attention was brought to the fact that the owner of the nursing home had been informed about this as well as the manufacturer of the bed had been requested to repair the bed. (both of which can be proven by email)

 

Previous managers / RN of the nursing home, I can not remember the exact figure, although it is around 10 managers in 2 years.

 

There are statements from ex staff and current staff of the nursing home stating there is a constant problem between management and the owner. A lot of the statements show that my friend did a lot of unpaid work within the home because of a lack of qualified staff who would work there. (basically it is a dump... and my friend is head hunted by such places who need to dramatically improve, she has to her credit a portfolio of nursing homes which had received either embargo status or low status - she has managed to turn each place around into achieving a higher inspection report.

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thanks for all your help!

 

She did not appeal within the 28 days.

.

 

Then (unless her or her legal adviser weren't informed of the 28 day limit, and I'd bet they were......)

 

She is out of time to appeal, and the information following is moot.

 

 

1. Staff reported that the bed is broken.

2. Friend sent email to owner of nursing home (a GP) plus email to the manufacturer of the bed asking for its repair.

3. Friend asked staff to place the resident in a different room, staff did not do this.

4. Friend had no choice other than to work a 24+ hour shift because there was a shortage of staff. Friend does not get paid for working extra. During this extended shift, the resident fell out of bed and fractured his hip.

 

At court, the barrister did not mention the emails as above. No attention was brought to the fact that the owner of the nursing home had been informed about this as well as the manufacturer of the bed had been requested to repair the bed. (both of which can be proven by email)

 

Previous managers / RN of the nursing home, I can not remember the exact figure, although it is around 10 managers in 2 years.

 

There are statements from ex staff and current staff of the nursing home stating there is a constant problem between management and the owner. A lot of the statements show that my friend did a lot of unpaid work within the home because of a lack of qualified staff who would work there. (basically it is a dump... and my friend is head hunted by such places who need to dramatically improve, she has to her credit a portfolio of nursing homes which had received either embargo status or low status - she has managed to turn each place around into achieving a higher inspection report.

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link seems to have gone abit awol.

was re a case where a nurse cldnt be struck off unless subject to a prior suspension order.

trying to find it

IMO

:-):rant:

 

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