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    • Don't have much to add to what has already been said.   I would acknowledge receipt of the letter and advise them that as the matter they raise occurred 3 years ago, that you will need to look into this further.  Ask them to give you at least one month, as due to Covid-19, it is likely that it will take you longer to get hold of information.  While writing to them, mention the issue of the Insurers not updating the write off information with DVLA, as following the repair, the Insurers still had it registered as a write off.   This caused you to suffer a loss, as when you sold the car to a garage two months ago, they only offered £xxxx, when the car had a trade in value of £xxxx, if it were not classed as a write off.    In the meantime, send a GDPR subject access request to the Insurers claims department and also a similar request to the accident management company.  Ask them for all information held on file to be provided including any DVLA updates in regard to the status of the car.    
    • You would probably have been better off just not turning up for the flights and giving up the money.   How you paid is irrelevant.    You formed a contract with Ryanain then broke it.   Ryanair are going to want their money.
    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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Just the basics if anyone has any experience here please:

 

I work for a private sub-contractor providing transport logistics, servicing the NHS.

 

I come into no contact with patients or healthcare professionals, but do have to move equipment that has been in hospitals.

 

I don't want to have a HepB injection.

 

I was told by my line manager that as a 'duty of care' issue they can 'force' me to have the injection.

 

I refused. My objectionable manager took great delight in telling me this will be gross misconduct.

 

Despite the confrontational language used, I imagine the end-story of this stand off will be my manager telling me if I don't have it I will be sacked, rather than him holding me down and forceably stabbing me with a needle?

 

I've worked for the company for three years. I refuse to have the injection. It is not work critical. I've offered to sign a waiver.

 

Can he sack me? There's nothing in my employment contract originally signed in 2015 about my continued employed being dependent upon being stabbed with unproven viruses, etc.

 

Any advice. I'm tempted to go in all guns blazing, but..

Edited by Mr.P
Removed "prick"
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I assume he meant can require you to have the injection if you want to stay working for them. I doubt it's gross misconduct but they could probably make it a condition of employment. Presumably not just you but all employees doing the same job as you? Is it a requirement of the NHS for employees of their logistics contractors to have the vaccination?

 

 

Is the hepatitis B vaccine unproven, as you claim? I don't think that's the view of the NHS or most medical professionals.

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The Hepatitis B vaccine is not an "unproven virus".

 

The employer is entitled to require vaccination where they, or a client, believe that there is a risk of infection, either to you or to other people. Hep B is commonly vaccinated against in many employments, including the NHS, and social care. If this is your employers policy, then unless you can provide a very good reason for refusing to comply, then yes, they can dismiss you - and they may do so even if you have a very good reason. Having a good reason to refuse isn't a guaranteed escape route as it depends why they are asking for it.

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My point is there's nothing in my original employment contract about having vaccinations. He's now saying it's a condition of employment after the event.

I point blank refuse to have this injection.

When he tells me in anger "You're fired" and I take it to ET, who's going to win? (And as much as I appreciate your opinion on it I can get opinions down the pub, do you please have any legislation to ease my concern) Thanks

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There is a safe an effective vaccination against Hepatitis B. However, forcing an employee to have an injection against their will is assault. Making it a condition of employment is debatable especially if they are not in a high risk group (i.e. medical professionals, prison officers, or the police).

 

More information can be found here: http://www.hse.gov.uk/biosafety/blood-borne-viruses/immunisation.htm

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No... you can't eat my brain just yet. I need it a little while longer.
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Thanks Mr P for some helpful and non-judgmental advice - eminds me why CAG used to be alright.

Edited by honeybee13
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Joking aside, it can't be right that after 3 years work I can be forced to have something stuck into my body that goes against my protected religious characteristics or lose my job, when it's not in my original contract? What next in years to come? Maybe drivers will need enforced GPS embedded in their necks to track their movements, and if we disagree - sacked? Thin end of the wedge.

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Firstly, I think you are bonkers refusing the vaccination.

a) it is a sub-unit vaccine : not a live virus vaccine, so can’t give you HepB.

b) Hep B is highly infectious and very hardy. It can survive outside the body for substantial periods.

If their concern is that you may come into occupational contact with something contaminated with HepB, they are doing the right thing offering you vaccine pre-exposure. Have you a good reason for not wanting it? (See below).

 

That said, not everyone responds to the vaccine, and if you want to play with him a little, say “OK then, what are you going to do if I am a vaccine non-responder? Sack me for something I have no control over?”

(Some people will never respond to the vaccine, no matter how many doses they have of it. Some will respond but will need multiple extra doses.

If someone hasn’t responded at all to the initial course of 3 doses, they’ll also check if the reason is that they have been previously infected .... which they might not know!. If previous infection is detected they won’t give them any more doses of vaccine as there is no point!)

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The employer is entitled to require vaccination where they, or a client, believe that there is a risk of infection, either to you or to other people. Hep B is commonly vaccinated against in many employments, including the NHS, and social care. If this is your employers policy, then unless you can provide a very good reason for refusing to comply, then yes, they can dismiss you - and they may do so even if you have a very good reason. Having a good reason to refuse isn't a guaranteed escape route as it depends why they are asking for it.

 

It is wise to take note of Sangie's comments. If the employer has done a risk assessment and/or it is a requirement of the client, then they may well have the upper hand should you ever take it to ET.

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Thanks MrP, I've read around this forum and it seems 100% Sangie posts seem to take a strange pleasure in saying "Employers always great ; Employees **** cannon fodder, and I'll belittle you if you disagree" Ha! Imagine he was probably 'let go' for being over-zealous and miserable by some double-glazing HR department, and now spends his days online, curtains drawn in his mum's basement acting the big 'I am' lol!

 

Thanks Mr P for some helpful and non-judgmental advice - reminds me why CAG used to be alright.

 

Actually, Sangie is:

1) a “she”, not he

2) A senior union official, and really wants to help workers.

Yet, that doesn’t mean “tell them what they want to hear”.

You’ll get an unvarnished opinion, and if that is “yes, the employer can do that” : it is likely that it isn’t because Sangie is on the employer’s side, but because (even if it is morally wrong) that is what the employer can get away with, so that is what you need to be told can happen.

 

It is wise to take note of Sangie's comments. If the employer has done a risk assessment and/or it is a requirement of the client, then they may well have the upper hand should you ever take it to ET.

 

+1.

 

Up to you if you want to Ignore Sangie’s advice, and, TBH accusing them of being in the employer’s pockets is a pretty good way of ensuring people will think “no point answering, they’ll ignore anything they don’t want to hear”.

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Joking aside, it can't be right that after 3 years work I can be forced to have something stuck into my body that goes against my protected religious characteristics

 

Hep B vaccine isn’t a blood product. What religion doesn’t allow Hep B vaccination?

 

If someone is exposed to Hep B and had previously not had (or had refused), or not responded to vaccination, one of the options is Hep B immunoglobulin (in effect “borrowing other prople’s immunity”). Now, that is a blood product, and contrary to some religious beliefs.

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Sangie is a 'she'?

 

To everyone else, thank you for your replies. I still don't think it's right that I can be forced to have something injected into my body against my will just to keep a minimum wage job, but you all seem to have no problem with it, so I guess I must be in the wrong. I'll keep looking online....

Edited by honeybee13
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Sangie is a 'she'?

 

Well, I was trying to highlight it could be perceived as sexist to assume someone is male without good reason to do so.

However, all you’ve done now is add further reason for me to perceive the comment, and you, as sexist.

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Well, I was trying to highlight it could be perceived as sexist to assume someone is male without good reason to do so.

However, all you’ve done now is add further reason for me to perceive the comment, and you, as sexist.

 

I'm going to assume that this is a troll and is intentionally abusive and offensive. Not the first one. Won't be the last. Isn't it funny how someone who is a new poster, never posted before, suddenly knows that CAG "used to be good" and now isn't because I post here? Or knows my posting history within minutes of arriving?

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I've removed some offensive remarks from the thread.

 

To the OP - please keep this thread to dealing with your work problems. I think it would be helpful if you told us a bit more about your protected religion and the problem with vaccination, as Bazza mentioned.

 

HB

Illegitimi non carborundum

 

 

 

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I'm going to assume that this is a troll and is intentionally abusive and offensive. Not the first one. Won't be the last. Isn't it funny how someone who is a new poster, never posted before, suddenly knows that CAG "used to be good" and now isn't because I post here? Or knows my posting history within minutes of arriving?

 

Yes, I thought the same.

 

My instincts with this is, that if the employers believe that having the injection is a necessary health and safety measure, provided they can offer up evidence of why the injection is needed, that the employer would be justified.

 

However, before they dismissed someone for not having the injection, I would think it would be reasonable to conduct an assessment. Can measures be implemented, where any issues caused by not having the injection are reduced/removed.

We could do with some help from you.

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Firstly I think your bonkers for not having the hep b.

No religion says you cant have it unless you've made up your own religion.

Secondly it doesn't have to be in your contract. Its a health and safety matter, and that is an ever evolving beast.

The employer is trying to protect its employees.

Thirdly if it was the other way round and you vo tracted hepatitis b and the employer didn't insist on vaccination,you would be here saying can I sue my employer.

Lastly, dont go off on Sangie, you need no nonsense truthful advice, not someone who pats you on the head and gives you the answer you want.

The employer can insist on vaccination. It wont be a case of assault as the employer wont actually give it, it will be a medical professional and if you dont have it they cannot expose you to a tangible risk.

 

In conclusion

Go for it all guns a blazing... They will dismiss you and unfortunately you would lose at an ET on health and safety grounds.

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yawn. Too many armchair egos here. Thanks Mr P for replying actual legislation.

 

Moderators, please feel free to delete this thread. It's just another in a long list where the usual CAG egos offer opinions with precious little actual factual legislation.

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