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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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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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we'll sort you out ....we know its got to be done by the 20th

there isn't a util gas nor electric WS here anywhere for want of ref, by this time lowells have usually discontinued.

 

i'm toying with the idea of you exploiting your litigant in person advantage here and waiting until lowells send you theirs

that way we can rip it apart and it will give you the format too

 

now if you want a heads up

have a look at the various shuman/southern water ones will give you an idea.

 

all doc uploads here in this post for ef 

 

dx

 

 

 

 

 

2019-08-13 Lowell notice of claim issued.pdf docs+tomlin offer.pdf docs1.pdf docs2.pdf


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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ok I don't know if this any good as a WS but here goes .

 

This is my witness statement to back up my defence.

 

1. I received the claim from the Northampton County Court
dated 08/08 2019. 

  
2. Each and every allegation in the Claimants’ statement of case 
is denied unless specifically admitted in this Defence. 

  
3. This claim appears to be for a domestic utilities supply 
agreement. 

  
4. The Claimants’ statement of case fails to give adequate 
information to enable me to properly assess my position with 
regards the claim. 

  
5. The Claimants’ statement of case states that the account was 
assigned from Eon Energy Solutions to Lowell Portfolio. The Defendant 
does not recall receiving an authentic notice of this assignment from 
the original creditor - the version provided by the Claimant appears not 
to be an authentic document from the original copy.   

  
6. On the 11/08/ 2019 I sent a CPR 31.14. I requested the Claimant provide copies of the contract / agreement (the “Agreement”) between Eon Energy Solutions and the Defendant, terms and conditions of said contract, the Deed 
of Assignment, the Notice of Assignment, Default Notice, statements of the account, and all other documents or date they intend to use as e 
Eon and the Defendant, terms and conditions of said contract, 
of Assignment, the Notice of Assignment and of the 
Default Notice. 
Any information related to the Defendant and the said supply and service agreement. I requested true copies of the original contract / agreement, along with its terms and conditions, statements to show usage and payments against the account, the notice of default, notice of cancellation/termination of the account, notice of assignment, and any notes, memos, transcripts on file related to the account. 

  
7. On 28/08/2019 I received a response from Lowell Solicitors. The Claimant refuses to provide a copy of the original contract / 
agreement ( the “Agreement”) and is refusing to request a copy from the original creditor. 

  
8.Lowell Solicitors have provided copies of the Notice of Assignment, and a copy of a "final bill" from Eon energy Solutions dated 17/06/2014, but have not responded to my CPR 31.14 request, nor have they provided any other documents that I requested 

  I request the court orders the Claimant to provide the 
necessary documentation in order for me to fully plead my case 
else the Claim should stand struck out. 

  
In the event that the relevant documents are received from the 
Claimants I will then be in a position to amend my defence, and 
would ask that the Claimants bear the costs of the amendment. 

Signed
dated 

 

Edited by andrew1402

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what if they don't send one?

status at court is as follows

 

1.A claim was issued against you on 8/8/19

 

2.your acknowledgment of service was submitted on 10/08/19

 

3.your acknowledgment of service received on 12/09/19

 

4. your defence was received on 3/09/19

 

5.DQ sent to you on 21/09/19

 

6.DQ filed by claimant on 21/09/19

 

7.you filed a DQ on 17/10/19

 

8.your claim was transferred to Manchester on 14/11/19 

 

that's it so far 

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you'll win!

 

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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wouldn't my defence be struck out though if court don't receive my WS by 20th January though?

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yes same goes both ways mind.

if they purposefully file late

then so can you

 

you have the advantage because you are a LiP and are given leeway.

 

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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UPDATE. discontinued by Lowell donations will be arriving soon thank you Andy and Dx for putting up with me 

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:bounce:

that's why I wasn't sweating upon getting the WD done

the office junior has suddenly been given that job and the boss realised they don't have a leg to stand on.

pretty much std now in most Lowell util claims

 

well done!!

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 expected......thread title updated.

 

Regards

 

Andy


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

 

If you want advice on your thread please PM me a link to your thread

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