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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Gerald1990

Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt***Claim Dismissed***

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so just browsing and came accross this post https://www.consumeractiongroup.co.uk/forum/showthread.php?281328-Can-a-DCA-issue-a-Default-notice-after-the-account-has-been-assigned-to-them&p=3173037&viewfull=1#post3173037 "this is where dca fall flat on their face

 

if the debt has been assigned in this case with no termination or default notice from the oc, then the assignment is illegal and as the oc has infact terminated the agreement by selling, all you will be liable for are the arrears up to the termination" is this the same as what nolans are saying by just claiming for the arrears?

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So got to court this morning, a local solicitor had a word explaining nolans had instructed him to ask for dismissal with no expenses to either party.

I said I would like expenses he said he didn't blame me looks like it's been a mess right from the start!

 

I waited to go in front of the sheriff and the local explained the situation to the sheriff he told me he didn't want to put me off ...and then proceeded to put me off!

he said for expenses there would be another procedure I would have to work out my expenses, there's a table of fees,

I would have to omit to the other party etc.

 

I got the feeling he didn't want me wasting any more time and I don't blame him as he has kind of been on my side from the start holding nolans to script proof,

 

I am quite happy with that and didn't want any more stress so I said I would just leave it.

 

I really would just like to thank you dx and Andyorch you both do amazing work here.

 

Cheers.

Edited by dx100uk
paras

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Well done Gerald....so actually the claim was abandoned or dismissed ?


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not too sure to honest Andy, i believe both terms were used at some point but unsure of when!

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Did you ever receive a Abandonment Notice from the claimant ?

 

The only reason i ask is with regards to your last post........

 

9.8 How can a claimant abandon a claim?

 

(1) A claimant may abandon a claim any time before the sheriff decides a case by sending an

Abandonment Notice to the respondent.

 

(2) That claimant must at the same time send the court a copy of the Abandonment Notice

with evidence that it was sent to the respondent (for example a postal receipt or a copy of

an email).

 

(3) When the court receives the Abandonment Notice, the sheriff must give the parties

written orders.

 

(4) Those orders may dismiss the claim.

 

(5) Those orders may do one of three further things:

 

(a) order that no expenses are to be awarded to any party,

(b) order that a sum of money is to be paid to a party or to a party’s solicitor, as

assessed by the sheriff clerk, or

© arrange an expenses hearing (see Part 15).


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 The National Consumer Service

 

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I definitely didn't get an abondenment notice although I did get a message left with the other half on Friday saying I needed to contact them urgently before my case hearing on Monday, I'll ring up the clerk tomorrow and find out.

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So just to confirm, this is the official outcome: on the motion of the claimant, there being no objection, dismiss the claim with no expenses due to or by either party.

 

Thanks again folks.

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hey well done everyone.

 

dx

 

 

 

 

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Please help.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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