Jump to content


  • Tweets

  • Posts

    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Bottle Water co employee took mints - Co. then proceeds to take us to court over agreement


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2868 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

So, long story short,

 

 

we caught the Water bottle provider (for office water) filling his pockets with mints from the meeting room.

 

He was only supposed to, and trusted with, being in there to change the water bottles over.

 

we dont want this little thief in the building any longer

we called to terminate the water contract

 

 

- they have stated

a) they dont give two hoots about their staff and

b) they wont cancel the water order, will, come to premises and take the goods and continue to bill us

c) "bring it on, we have lawyers"

 

No apology, nothing.

 

here is the agreement enclosed that we signed,

yes we can give three months notice as its dated 2014.

 

what rights do I have

- without court, bearing in mind its a civil agreement not a criminal one

- yet my issue is technically criminal (ok its only mints but the principle is there).

 

 

we threatend the fact we may call the police about this and for them to just take their stuff and go - but he proceeded to take that as blackmail!

 

We just dont want them in the building ever again nor do we want to pay them a penny more!

 

They are also member sof:

 

http://safecontractor.com/

 

and

 

http://bwca.org.uk/

agreement3.jpg

agreement2.jpg

agreement.jpg

Link to post
Share on other sites

Who is the water company

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Well IMO, you hold all of the cards, if you no longer want them in the building, simply STOP paying them, return all of their equipment if feasible.

 

Again IMO, any contract you may have had is well and truly finished as they have breached it by employing a thief, if they choose to do nothing about their staff then you'll stop dealing with them, and I would definitely be reporting them to the regulators also.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Are you really terminating the contract for a handful of mints or you were thinking about it anyway?

I really would not like to be in your shoes when you're taken to court and explain that you considered the contract breached because of some free mints.

Honestly, it seems that there's more to this story.

Link to post
Share on other sites

Yes, we witnessed this. He was downstairs a long time, and on inspection he was literally filling his pockets, it wasnted 'a mint' or a couple of mints - and they wernt in the reception or public area, they were mints in a meeting room of which he was only supposed to be changing the water filter

Yes the police were called.

 

At the end of the day, you are trusting someone in your business -what next? Franking machine? Some envelopes? the projector?

 

They argue their water contract have nothing to do with their staffs liabilities, thats a court issue.

 

 

I think they will be holding the cards here however they can continue to trade with staff who the let into peoples buildings, to take when not offered or asked

 

 

Their contract states that any breech or any reason they can come grab the water bottles and dispensers they can continue to claim for payment,

Link to post
Share on other sites

I think the two issues are separate

 

1) performance of the contract

2) an act of theft by one contractor on one day

 

I don't think the stealing of mints by their contractor on one day justifies cancelling the contract, if the performance of the contract has previously been up to the agreed standard. However, the stealing of mints as well as notified performance issues might provide justified reasons.

 

All you can ask for is an apology and to be paid the value of the mints taken.

 

If you want to get shot of this water company before the contract end date, then start documenting any performance issues and notify the water company on each occasion. If the performance is not as agreed over a period, then you have rights to terminate the contract.

 

Or you simply cancel the contract saying in writing that you have lost faith in their services due to the theft and have cancelled the contract to protect the security of the company and its staff. Then see if they will take it to court. They might not bother because the theft issue will be raised in a civil court and they might not want this issue being given more publicity.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Was it at the Royal Mint? one little occurance and you want the company contract stopped? grow up let the Company do their internal disciplinary action against Employee, never know you May Get A Sweet Ending!

 

no wonder this country is in a mess with people in positions they should not be in! Nappy Days are here again!

:mad2::-x:jaw::sad:
Link to post
Share on other sites

Sorry to write here again, but I am very curious to know what the police did when they were called for theft of mints.

Did they attend?

Did they arrest the callous thief?

Was he charged and convicted?

Or did the police just giggled and gave you a reference number?

Link to post
Share on other sites

Sorry to write here again, but I am very curious to know what the police did when they were called for theft of mints.

Did they attend?

Did they arrest the callous thief?

Was he charged and convicted?

Or did the police just giggled and gave you a reference number?

 

Perhaps the Police said " crumbs it is a good thing biscuits were not involved". Probably a nightmare for forensics trying to work out whether it was a digestive or a hob nob. 🤗

 

I was going to offer a sense of humour earlier, but resisted temptation. So King it is your fault, if the OP does not find it funny.

 

A more serious answer is that the Police might have found it difficult because the mints were probably freely available and not labelled "staff only " or had any price label attached. The bottled water guy may have just said that they were on offer to anyone, just like many companies have a bowl of sweets at reception.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Wonder if the person was taken into "custardy" to await exterior motion to identify evidence before the flushing experience?

 

Yet i bet he was sh*tting himself, saying he was not sure whether taking free mints was a worse crime than having bad breath.

 

If it was gum he could have Wrigleys his way out of it !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Stop it guys!

My wife is looking at me like I'm mad while I lough my boll@x off reading your comments.

I was serious!

I really want to know what happened with the police.

 

"Perhaps the Police said " crumbs it is a good thing biscuits were not involved". Probably a nightmare for forensics trying to work out whether it was a digestive or a hob nob" 😂😂😂

 

 

"Wonder if the person was taken into custody to await exterior motion to identify evidence before the flushing experience?"

I can actually picture this in my mind 😂😂😂

 

"Yet i bet he was sh*tting himself, saying he was not sure whether taking free mints was a worse crime than having bad breath.

If it was gum he could have Wrigleys his way out of it !" 😂😂😂

Uncle, I always thought this site could count on you for neutrality, but this time you greatly leaned over the cliff of humour 😁

 

JUDGE: Mr Smith, under the corporate mint act 2016 I find you guilty!

Link to post
Share on other sites

 

All you can ask for is an apology and to be paid the value of the mints taken.

 

y.

 

 

We did complain.

 

We were told a) nothing will be done to the employee, no warning, no telling off,b) We were told to royally F off and see you in court if you have a problem.

 

I guess nothing can be done and we'll still keep paying them, putting money (and mints) into their pockets so they survive another day and do the same elsewhere.

Link to post
Share on other sites

could charge them an old farting (4 to an old Penny) now about 8 to new penny - do you get the message from the real world!

 

Court fee £30.00 or there about

solicitors fee £100.00

filing fee etc etc etc how about that for starters?

:mad2::-x:jaw::sad:
Link to post
Share on other sites

Just label any free mints or other things you have for the pleasure of staff, as staff only. Or put a charity box by the side suggesting 5p a mint.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...