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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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Reed313

Welcome want to offset PPI against loan subject to failed CCJ Attempt

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Sorry for the long post.

 

I had several loans from welcome in the early 2000s and on the last one i thought had finished and welcome said i had another year to pay and i disagreed.

 

Welcome took me to court in around 2008 and the judge threw it out and agreed with me.

 

I have recently claimed ppi on the loans and it was upheld but i have received a letter stating that i owe over £3000 and the debt was sold to a third party and the money would be offset against the debt.

 

I called welcome and said what had happened at the court and they said they have no record of them taking me to court and the onus is on me to prove they took me to court and i dont have the papers cause it was such a long time ago.

 

I have called the court and they said as a judgement was not made against me then they would have closed the case and also have no record of it.

 

What can i do???

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retitled and moved to the welcome forum

 

sadly regardless to them losing the case they can still offset.

losing a CCJ doesn't prove you don't owe them anything on their books

the debt still exists.

 

they would have to buy the debt back from the DCA

and prove this by NOA

but we've seen this before sadly.

 

have you sent them an sar to prove they have no data?

 

if not do so.

 

were all the loans prior to 2005?

and were they a refinance chain?


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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No i haven't sent an sar, the judge agreed that i didn't owe them anything.

It seems so unfair.

Am fighting a losing battle?

 

yes the loans was before 2005

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well if they are saying you owe them money they must have proof

so sar time!!

 

get everything they hold eh?

 

ideally you should never do a PPI reclaim without an sar.

as how do you know the claim is even correct?

dx


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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I have all the original paperwork including the ppi documents and was told by the man that i had to have the ppi to get the loan. I will request for a sar.

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yes quite typical...

 

were these a chain?


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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Yes they was

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then I bet they have not calculated things properly

each time you took a new loan the PPI from the previous one would have had extra interest added to it in the rollover and even MORE ppi added with even more int each time.

 

how did you calculate what you were due back?


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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They did the calculations and sent it to me. They also up held 1 hire purchase ppi and 1 loan ppi but declined the second loan ppi.

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urm..pers I wouldn't trust them as far as I could kick them.

 

are they lumping ppi refunds prior to agreements in 2005 with stuff after 2005

and if I said FSCS does this ring any bells with what they have written?

 

might be beast to scan up what they have returned with to one multipage PDF

read upload.

 

both prior and post 2005 can be refunded against an outstanding debt yes

but these each come under differing rules

 

they cant just lump all the PPI refund as one lump and say that's coming off a claimed debt.

 

it needs careful investigation


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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Is there any way i can send it to you to have a look?

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read what I said about upload


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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names showing on one sheet ...now hidden

 

write back refusing the offer

enc an sar.

 

this smells


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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Thank you, i will do that

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