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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
    • That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.
    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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Hi

 

Looking for some advice

 

 

i returned to work on Friday 16th October after 2 weeks of paternity leave

and every day from then to now i have been working over 14 - 15 hours a day due to poor management skills,

lack of communication between other engineers and contruction issues on the job,

 

 

your being told to wait for this person they will be this long

you're waiting over an hour for them to do the job

then 1 hour and 30 minutes for your job which you cant start until they have carried out their job

 

 

im on pay per job and being told to wait around or get disciplined

 

Last night after another 14 hour day i was on my way home

joining the motorway from the sliproad

completely my fault which ive already admitted to my company

i was not concentrating

was looking to the right to see if any cars was coming from the round about

and didnt see a ford mondeo in front of me

 

 

went right into the back of her,

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

I phoned my company to explain which they have been very reasonable about up to now

 

 

been told ill have to pay the £1000 excess for the van which will be taken by installments on a monthly basis

surely the excess cant be £1000

wasnt a bad accident

everyone was ok apart from my back throbs from time to time since the crash

 

People keep telling me to put a claim in but im not sure if you can when the accident is your fault

 

need some advice please many thanks

 

My misses is blaming the hours they are making me work and not having enough sleep

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First question is have you signed the opt out for the working time regulations. These regulations limit you to a 48 hour maximum working week and an 11 hour day

 

They also cannot charge you any excess unless stipulated in your contract of employment

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What was the outcome of your previous problem with them docking your wages for damage to customer property? On that thread I asked you to check what you had signed when you TUPEd over.

 

 

Still cant assist until e know what you signed.

 

 

I cannot see this employment relationship ending well...

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 think i may of opted in to that a few years ago when i wasnt doing the kind of hours im doing now

 

 

the work has picked up and everyone is now doing long hours,

 

 

i will speak to my collegue tommorow and get him to bring his contract in so i can read it i cant seem to find mine

 

There was nothing in the contract about them deducting wages without giving me notice

this is now being dealt with by acas,

 

 

Problem with the crash was over tired on my way home driving in the dark

i was simply not concentrating,

 

 

The company is a shambles that many people have come and gone in the space of 6 months of working for this new company

 

 

it actual upsets me to see so many good lads which i class as friends gone

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Did you get copies of what you signed when you TUPEd? You need to have all of your contracts and amendments that you have signed to fully know where you stand. Does your colleague also have copies of those?

 

 

The legal argument would be that you should not drive when tired and therefore it is your responsibility. The shambolicness of the company doe not affect tht.

 

 

How the damages are recovered, and to what amount, will vary depending on what you signed.

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 are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Edited by obiter dictum
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You are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

 

There is also the Driving at work Act.. have a read thru....:| I was in the same position, driving long hours and the company didn't give a dam. they put pressure on to get the job done, this is just the tip of the iceberg. :mad2:

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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pleas elink to this driving at work act

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.

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  • 2 months later...
Hi

 

 

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

 

surely the excess cant be £1000

wasnt a bad accident

 

 

What need to happen for you to consider it a "bad" accident?.

 

The van was written off, so the full excess may well apply.

The person who you ran into the back of may also have a personal injury claim.

 

the excess can't be £1000 if the agreement you signed (or were made aware of) states less, but can be £1000 if that was what you agreed .........

 

You may be able to try to claim contributory negligence by the company, but if you were too tired to drive safely, you shouldn't have been driving?.

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