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    • 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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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x DPA letters to Barclays Bank

9th October sent 2 x DPA letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Hi Tony,

 

Please start your own thread in the Barclays Bank forum and use that to post any questions and progress reports.

 

Good luck with your claim.


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Hi, this is my first post on this site and I would like to thank you all for help and guidance I have recieved. This is my history so far;-

 

9th October sent 2 x Data Protection Act letters to Barclays Bank

9th October sent 2 x Data Protection Act letters to Barclaycard (only got reply on one)

9th October sent 14 day letter to Barclays requesting £1180 refunded

14th October recieved letter from Barclaycard stating files on microfiche "not readily accessable" Asked for £3 per statement

17th Octboer recieved 2 x lots of statements from Barclays

24th October issued small claim against Barclays (£1180 increased to £1482.75)

24th October sent 14 day letter to Barclays for refund of £3535.00

 

 

I will keep you all posted, thank you.

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Looks like everything is in hand, keep us updated.

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Ooops!! It appears I should have sent records of all charges along with the 14 day letters, this I didn't do. I have seen on other sites (penaltycharges.co.uk) that I should send copies of spreadsheets (dates & charges) to the bank and court to back up my claim, is this right?

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Back in 2007,

I took Barclays to court and won back all my fees.

 

However they were so long winded over finally caving in that some more fees were charged to my account.

 

I had started the process when the big 'hold' came into play.

 

After the banks finally winning their appeal,

 

I parted company with Barclays and moved to another bank.

the account has laid dormant all that time,

steadily increasing due to an O/D Protection fee coming out every month

and the interest added.

 

now I am going through all the statements and letters and about to write to them.

 

Ny qusetion is this,

 

Is an 'O/D' proection the same as a PPI?

 

It is now £24 per month but pror to about 2003 it was for £5.60 per month.

 

Can I go back to that and claim that as well?

 

Do I add interest of 8%.

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yess to all you questions.

 

if you look at link I below

and the spreadsheet at the end

 

it should become clear.

 

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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Thank you so much for your help.

 

One other thing,

 

I am confused over this 'miss-selling' label,

 

I was never sold anything, it just appeared on my statements without any input from me,

 

I did query it in a phone conversation when I first noticed it and told them to take it off, that never happened.

 

I was also self employed which I understand this 'insurance' does not cover.

 

Also do you know if there's any update with bank charges or is that still hopeless?

Edited by romanytony

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if you have a browse in this forum

 

you'll see there are successes with Barclays on PENALTY charges

 

the mis-selling, is the fact they didn't 'actually' sell it to you

they just added it without your permission.

 

so thus was 'missold' - they never consulted you.

 

slick132 will be around later I expect

 

and cross T & dot i's for you.

 

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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Hi RT,

 

Are you getting demands from Barclays about this a/c.

 

Is it showing on your CRA reports.

 

:-)


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Not getting any demands, haven't for years, they tried to chase the OD once but I pointed out that they owed me more than I owed them and they stopped. All I get is the statement. I haven't used the account for years but they add OD Protection and interest every month, almost £50 per month.

Edited by romanytony

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They're crooks plain and simple.

 

Hope you get back the charges and then some.

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They are crooks, and I think Barclays must be the worst.

 

On my old claim they kept telling me that I would not win,

their charges were fair,

and if I took it to court and lost they would claim legal fees from me.

 

Three days before the court date they phoned and offered (as a gesture of goodwill) full repayment of all charges, plus interest,

if I would agree to a confidentuallity clause. I refused,

 

told it was my money and would not accept any conditions and told them I would see them in court, then hung up.

 

I sweated for 15 minutes, I was playing poker with Barclays bank and the stake was over £6000!

 

They phoned back and agreed to everything, paid it straight back into my account and no clauses.

 

One other thing, which is ironic,

at the start of the proceedings Barclays bounced the cheque which I had made out to the Small Claims Court for their own summons!

 

It was a real shock when the High Court eventually came down in the banks favour over bank fees.

It had a nasty smell of someone being bought to me.

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Hi RT,

 

You say no demands for years. Is this more than 6 years - if so the debt will be Statute Barred.

 

If you reclaim the OD Protection Fees plus simple 8% interest, would the reclaim amount exceed the present a/c balance ?

 

:-)


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The last letter I received from Barclays was June, 2008.

 

That was to inform me that my account was overdrawn.

 

Since then I have only received the monthly statements.

 

That would mean that it has just exceeded 6 years.

 

As far as I can see that is the last letter.

 

As for the fee's exceeding the overdraft, I have no idea yet,

If I can claim all the £5.60's as well as the £24.00 plus interest it may well exceed the balance.

 

A reply from dx100uk stated that a spreadsheet would be attached to his reply but I can't see it.

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Could someone give advice on these issues please.

 

I wrote to Barclays back in 2008 stating that the account was overdrawn

but that overdraft figure was in dispute due to their charges.

 

I asked them to freeze the account until the matter could be resolved.

 

Since that time they have continued to add £24 per month OD Protection plus interest.

 

I have found an undated 'Termination Letter' from them,

however in the body of the text it gives a date of 2011 as a termination date.

 

I have read in forums here that you can only go back six years to reclaim PPI, so my question is this.

 

If the PPI was 'miss sold' (in my case it was just added to the account without my consent or input)

why cant I claim for the whole of the period?

 

I need to establish from what date I can work from,

 

second question is what spreadsheet should I use?

 

There are four that you have provided,

the first is for a 'one payment' fee, so which one of the other three do I use?

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there is no time limit on PPI reclaims.

 

you either use the statint sheet

 

or if they have charged you interest on the PPI payments

the CISheet.

 

you need to input each PPI payment on the date it happened

on an individual new row.

 

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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as slick has advise

you use the statint sheet

 

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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Thank you!!!!

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When you've done that, let us know how the reclaim value compares with the a/c balance.

 

From what you say re dates, the a/c could be Statute Barred already, or should become SB'd soon.

 

:-)


We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Now I have another question!

I am starting to use your spreadsheet and gone back to my earlyist records of O/D Protection fees.

 

I have gone from 1999 to 2006, and so far the balance is over £2200.

 

I have still to bring this upto date, so the end figure will be considerably more than this.

 

My question is this,

 

in 2006 my actual overdraft was less than the claim refund amount,

 

but I am getting 'Paid Referral' fee's of £30.

 

which I would not have had if the bank had not charged me O/D Proection.

 

Can I claim these Paid Referral fee's back?

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OK, just completed my spreadsheet. PPI payments plus interest exceed £5200, more than my overdraft balance.

This figure does not include bank charges such as 'Paid Referrals' and interest on them.

Looking forward to your answer re these.

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My question is this, in 2006 my actual overdraft was less than the claim refund amount, but I am getting 'Paid Referral' fee's of £30. which I would not have had if the bank had not charged me O/D Proection.

Can I claim these Paid Referral fee's back?

 

No, there is a six year cut-off before you can claim those overdraft and paid-referral fees unless "you allowed the charges to be taken by mistake." I don't know what that means. http://www.consumeractiongroup.co.uk/forum/showthread.php?415783-Which-one-of-these-could-be-unfair&p=4507145#post4507145

 

ppi has no cut-off point iirc.

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Thanks gigs, I forgot about the 6 year cut-off.

 

So I cannot claim back bank fees that were added to my account over six years ago, right.

 

But the account was last used by me on the 18 Aug 2008,

six years ago,

and has not been used by me since then.

 

The balance at that date was £1600 O/D.

 

Does that 6 year cut-off apply to that amount?

 

Since 2008 the bank has added PPI and interest to the O/D balance, bringing the current balance to £4760.

 

My PPI claim comes to £5329.

 

My head hurts tryong to work it out!

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post up your spread pkease

 

if the charges would not have been charged due to the PPI being taken off to that point [date]

 

then barclays should address them.

 

there is no timelimit on PPI

 

and Barclays do cough on charges outside 6yrs if a court claim is issued

 

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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