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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi there,

I am new to this and would kindly welcome some advice if anyone could help?

 

 

I'll keep it brief and to the point.

 

 

Work for global corporation, my head office based in UK.

Employed by this company for nine years, no complaints at all.

Had various directors, regional managers and line managers over these 9 years.

Company was restructured late December 2014, I inherited a different regional manager and line manager in January (both who work in a different division and have no knowledge of the job I do, regional manger been there for at least 7 years, line manager only promoted to line manager in January 2015, previously same job spec as mine only different division).

 

 

Was given a complete new territory in January unannounced (had been consultant for a different territory for over three years and built up good trust and sales with these customers).

Regardless, went out and done my job, hit my sales target in January despite the whole territory being new. Two weeks into February had a conversation with my new line manager who was enquiring why the mood was so low in our team ( a team of ten consultants) and I had offered a suggestion that "maybe the constant negativity wasn't helping" . I said this as we had all received a barrage of negative emails and phonecalls from said line manager, and everyone was moaning about it, seen as we were a new team that had been put together in January, me being the longest serving employee out of the whole team said what I said.

 

 

The day after, at 7.30pm I received a friendly txt from line manager asking if I could meet him the following day to have a chat about figures, I agreed as didn't think anything of it, went to the meeting location the next day, was invited into a room by line manager, next thing regional manager walks in (unannounced) asks me "do you know what youre here for" when I replied "it was my understanding I was here to have a chat about figures with line manager, he said "no, youre going to pick your way to leave this company". He said "you can either resign, or I will make your life hell and make you leave". You have until Tuesday the following week to decide.

 

 

I told him after a barrage of abuse from him, I wasn't resigning.

The next morning the abuse continued, wont go into detail just now but will if anyone wants to know the details, just want to get the main points out just now.

The next day I met with HR as I was disgusted at what had happened and told HR everything that had been said and proposed etc. HR (after hearing my side of the story), two days later, they wrote back saying they had spoke to both concerned and that they had all agreed that they would all meet with me to have a discussion. I was horrified at this, I had been duped into a meeting were it was a 2 vs 1 scenario, no witnesses, was totally bullied and intimidated, no witnesses, and HR wanted me to meet with them again under the same set up, ( HR are supposed to be impartial but in our company they are not).

 

 

Before this week came around I was that ill after the original meeting, had nearly crashed my car on a busy motorway after suffering a severe panic attack, more followed, that my GP signed me off work and prescribed anti anxiety medication.

 

 

To cut a long story short, I raised a grievance, it was heard by same HR I had spoken to initially and another manager who offered me a "new position" when accompanying me down in the lift out of the meeting room once the grievance had been heard, I said nothing.

 

 

It took them 5 months to conclude the grievance stating time out of office and work commitments. When the notes came out it was clear that both managers had colluded, also my notes were missing, when I asked about these, they then sent a diluted version of my notes, when I asked them that I wished them to be amended to what I actually said, they thanked me for the ammendum but stated it wouldn't change anything. They also added parts to my grievance which were not included, to absolve themselves I guess.

 

 

My post was on a recruitment site straight after (I know this is not against the law but trying to give an insight).

 

 

None of it was upheld. The two investigating, made the conclusion.

 

 

In between the grievance conclusion and me stating I wished to appeal, the person I raised the grievance about was promoted.

 

 

The Grievance appeal was heard by same HR person and finance director, was cut short as they had a flight to catch.

I was then sent the notes of said meeting, it was so heavily diluted that anyone who didn't know about it would have a hard time working out what all of the fuss was about, my witness emailed their notes, after that, although a conclusion was promised by the end of last week, straight after my witness submitted their notes I received a "without prejudice" email asking me to accept a paltry amount of money.

I would gratefully accept any advice on what to do next, if anyone has any questions please ask, I just tried to keep this post short (ish) and to the point.

 

 

Thanking you all in advance.

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Suggest a number you like better. See what they say. Remember and get an agree reference.

 

Thanks for your response Emmzzi. This is where I come stuck, I don't want to be pie in the sky when coming to a figure as they will have their lawyers on it already, rather be realistic, ie what would happen if it were to go down ET route, also company no longer gives out personal references, it's all standard now as confirmed by ex employees, just gives the basic info.

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You need to speak to a a Solicitor that specialises in employment disputes. Many will offer a free consultation and you can work out whether to pursue this.

 

Sounds like the company are going through changes and they are managing people out of the business. The managers you dealt with are probably acting on instructions of directors of the business. Senior HR people will know about this, so are hardly independent. You may find that you are not the only person working for the company where this has happened.

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Thanks for your response Emmzzi. This is where I come stuck, I don't want to be pie in the sky when coming to a figure as they will have their lawyers on it already, rather be realistic, ie what would happen if it were to go down ET route, also company no longer gives out personal references, it's all standard now as confirmed by ex employees, just gives the basic info.

 

 

Between 3 and 6 months wages would be common (proviso; lots of other factors! but as a very rough rule of thumb).

 

How far off that is their offer?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You need to speak to a a Solicitor that specialises in employment disputes. Many will offer a free consultation and you can work out whether to pursue this.

 

Sounds like the company are going through changes and they are managing people out of the business. The managers you dealt with are probably acting on instructions of directors of the business. Senior HR people will know about this, so are hardly independent. You may find that you are not the only person working for the company where this has happened.

Thanks unclebulgaria67, sounds spot on, it's a shocking way to treat staff. I do have legal cover on my home insurance but they won't get involved until the grievance appeal is concluded, I think my employer is trying to avoid concluding.

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Generally compensation should aim to see you through to a new role + meet legal obligations. Not necessarily put you in a better position, but not much worse.

 

I'd start at 3 months plus notice period paid....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Generally compensation should aim to see you through to a new role + meet legal obligations. Not necessarily put you in a better position, but not much worse.

 

I'd start at 3 months plus notice period paid....

Sorry for the late response, thanks for yours Emmzzi, I can't see how I could be better off, I am not fit to drive a vehicle, 90% of my role or any role I would undertake, if I was able

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Sorry for the late response, thanks for yours Emmzzi, I can't see how I could be better off, I am not fit to drive a vehicle, 90% of my role or any role I would undertake, if I was able

 

But in time you will feel healthy again!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • 2 weeks later...

Hey Emmzzi,

 

 

You have helped me before when I have been on this forum, things went quiet with work, then I got a request for a meeting with HR (bearing in mind I did not accept their initial settlement offer) this Thursday, I assumed, they did not want to conclude the grievance. Then once I agreed to this meeting, the conclusion of the grievance appeal came through and none of it had been upheld, they actually incriminated themselves in statements in the conclusion.

 

 

Lost at where to go next, any help would be appreciated. Thanks in advance

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Threads merged Branflake99

 

Please do not start new threads on the same matter.....Emmzzi will be notified of your post now I have merged the threads.

 

Regards

 

Andy

We could do with some help from you.

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Appealling the result would be step one....

 

Did you ever ask them to up the offer?

 

Lots of other helpful people on here too, I expect others will have useful opinions also.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks Andy, sorry kind of new to this, wasn't sure how to link the two.

 

 

Thanks for getting back to me Emmzzi, while I never asked them to up the offer, I made it clear I wasn't accepting their initial offer, they were going on annual leave the same day so they were keen to get it over and done with, I said I would give consideration to negotiation, now they have completely done a U turn, totally confused or is this a scare tactic?

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they don't sound reasonable; you are expecting them to be; I think herein lies your issue.

 

If yoou have exhausted internal routes your optins are

1) sit tight until they find an excuse to exit you

2) resign

3) start an ET although I am unsure what your case is

 

Are they still threatning to exit you?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I personally would sit tight for now, trying not to get too stressed.

 

There is not much you can do legally unless you actually get to the stage of being dismissed. Perhaps consider options for another job in the meantime.

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