Jump to content


  • Tweets

  • Posts

    • Thought I'd let you know. Despite not needing to, Parcel2Go have very kindly authorised a refund to cover the speakers. I am very impressed and surprised given the contract didn't require this. Thanks for all the advice - I thought it only fair to make sure they got some credit for doing the right thing. I will be using them again.  
    • Weatherford describes "unprecedented challenges" amid Covid but says Aberdeen will remain the centre of UK operations. View the full article
    • Please can you put up in PDF format – simply the documents that you are relying on as proof of payment. Redact them for account numbers et cetera. We don't need to see images of the damage et cetera. I understand that you are trying to recover £150 plus the delivery costs including the insurance cover – is this correct? What is the total value of this?
    • By the way, have sweatband.com actually refused to take responsibility for this now? Are they standing by the manufacturers position that it should not have been kept in a garage?
    • Sweatband.com like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remains that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really wants to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
  • Our picks

    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Please note that this topic has not had any new posts for the last 1635 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

i started in a company at the beginning of December 2015. They have 33 days annual holiday (after a qualifying period). Their year runs from 1 June each year.

 

So, when I asked about holiday pay at Christmas 2015, I was told I wasn't there long enough to qualify for holiday pay (I had been there three weeks). I knew this was "strange" but didn't want to rock the boat in a new job.

 

On the first day back in the new year, everyone got their floating holiday entitlement, I queried my entitlement, and was told to ask again in June.

 

Again I asked at Easter, and was told I had accrued 4.1 days, so MIGHT get 5 days pay, but it would mean I wouldn't get May day.

 

At Mat day, I DID get paid.

 

In June I queried my floating holiday entitlement without an answer. I asked for time off in July on top of our "shutdown" period, I got 3 days off, got paid for the formal shutdown but not the extra 3 days, as I hadn't accrued enough days.

 

Thus in the space of my first year, I will have received payment for 16 days holidays. When I queried why I wasn't getting 28 days holidays, they said it wasn't the system they worked. and if I got 28 days holiday, I would be in the same position at Christmas, where I wouldn't have any holidays accrued for my Christmas holiday.

 

Am I right in that from 6th December to 6th December I should have received 28 days paid holidays? Or are they accurate in saying they can carry the holidays i'm owed into Christmas I just want to be 100% certain before putting a complaint in writing.

Link to post
Share on other sites

It depends when your employer runs their holiday entitlement from. Some do it April to end of May, others December to january 1st. It will say in your contract of employment or employee hand book what your entitlement will be

Link to post
Share on other sites
It depends when your employer runs their holiday entitlement from. Some do it April to end of May, others December to january 1st. It will say in your contract of employment or employee hand book what your entitlement will be

 

so, they start on 1st June, so in that period (6th December to 1st June) I should have had 13.6 days pay? and then after that I switch to the 28 days per year?

 

So, I got paid 6 holidays holiday in that period, rather than the 14 days I should have... are they right in carrying those 8 days into next year and giving them as floaters then? I assume not but awaiting confirmation.

Link to post
Share on other sites
Guest topcat14

Based on the days you worked o f the holiday year you should receive 16 days holiday for the year ending 31 st May 33/365x176 days plus rounding up. Of which 13.5 days was Statutory.

 

It is quite normal for employers to say that they only pay holiday that is accrued to employees in their first year of service.

 

Contrary to what has been posted above, it is the EMPLOYERS responsibility to ensure its employees receive at least the Statutory Minimum holiday entitlement in their published holiday year ie 20 days for an employee on basic minimum holiday of 28 days. The other 8 days can be carried forward to the next year by negotiation. In practice what normally happens is that the employers local policy will be that the holidays are not carried forward from one year to the next to cut down on administration.

 

It is also worth bearing in mind that if you have more than the statutory minimum holiday in your contract you could lose that part of your entitlement if you do not take it.

 

Your employer has got this right but the communication of the policy seems to be lacking

Link to post
Share on other sites

If, at the end of a holiday year, an employee has not taken all of their holiday, they can carry forward up to 1.6 weeks into the following year, if both the employer and employee agree to this. However, employers can’t insist that they carry it forward if they want to take it.

Link to post
Share on other sites

they obviously have fixed shutdown periods where everyone is off on holiday. What they are saying is that if you take all of your holiday prior to (say) the chistmas shutdown then you wont have enough leave entitlement to cover that closure. This means you either take unpaid leave or they deny you the opportunity to take the flexible leave when you want to make you bank the holiday entitlement. They appear to be doing the latter. Not unlawful as long as it is explained in their terms of service or in their letter refusing you your holiday date. What they cant do though is deny you the actual amount of paid holiday in the year.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...