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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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peach20

"Works carried out by XXX Ltd are carried out in strict agreement to our Terms & Conditions. (copy available on request)"

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1 minute ago, honeybee13 said:

What I suppose I'm asking is if you had a separate written estimate for the staircase or was it all lumped in with the builder's estimate please?

 

HB

We have a separate / specific specification and cost for the stairs from the stair fabricator.  It is not lumped in with broader works.

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Did anything change, design, significant delay on your part etc?

 

roughly as a percentage what do the extras come in at?

 

Was he always going to design and have them approved as part of the project?

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Nothing changed in the design.

 

In total, the extras are c.25% on top of the agreed cost.  About 5% of this is due to delays - increased labour and material prices.  This is tolerable as there was a delay of 12 months from paying to installing.

 

The other 20% is for additional costs due to:

  • his cost increasing because he moved premises
  • installation difficulties (although, nothing changed from spec or areas being installed in)
  • other random reasons that have no bearing on reality

 

 

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23 hours ago, honeybee13 said:

What I suppose I'm asking is if you had a separate written estimate for the staircase or was it all lumped in with the builder's estimate please?

 

HB

We have a separate / specific specification and cost for the stairs from the stair fabricator.  It is not lumped in with broader works.

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Does anybody know of there is a need or right to have been given a heads up of possible price increases before work is conducted?

 

We have paid the full agreed installation cost but have only received 70% of the agreed work to date. We are now being asked to pay an extra 25% on top of the agreed amount for the work that is complete (so, we will have paid 125% for 70% work).  This extra has never been requested or discussed.  But, they are saying they will not return or finish work until the new balance is settled (new balance being the requested extra to cover the work already completed).  Work has now stopped until the (unagreed, retrisoectuve) increases is paid.

 

Surely we should have been told that there would be an increase before work starts and before getting into what is basically now a hostage situation.

 

Is there any legislation we should refer to when discussing this with the installer?  Or does this fall under the legislation that says costs must be reasonable and it is unreasonable to request retrospective payments with no prior warning?

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Yes you are exactly in a hostage situation.

As all this exchange being carried out in writing or is it on the telephone?

It seems to me that you have only two options:
one is to get quotes from someone else to complete the work, have the work completed by them and then to sue your existing contractor for the money.
The other is to simply get the work underway and finished so pay the installer that make it clear that you are really happy about it because it is not what was agreed in the contract that you are going ahead simply because you feel that you have no other choice because clearly you can't have your premises with only half the job done.
Once the job is done then sue the installer. That seems to me that you will probably be suing for less than £10,000 which means it can stain the small claims court.

I'm not too sure why you're asking what your rights are. It seems to me that you are dealing with a man or a company that is not interested in your rights. He is set out his terms and he is going to object to any variation.


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so what work hwev they done so far?

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1 hour ago, ericsbrother said:

so what work hwev they done so far?

 

They have installed the main structure (steel) and roughly installed the balastrades.  They still need to clad the treads in timber, add hand rails and finish the glass.

 

Quote

As all this exchange being carried out in writing or is it on the telephone?

 

Mostly by email.

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Hi - just following up on my question. 

 

If one has a specification and agreed price for some work and at the end is told there is extra to pay for whatever reason, is there anything that says you need to be told in advance?  I assume there must be, otherwise people will just charge whatever they want.

 

Or, is this all covered in section 51?

Quote

51 Reasonable price to be paid for a service
1 This section applies to a contract to supply a service if—

(a) the consumer has not paid a price or other consideration for the service,
(b) the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and as included in the contract does not fix a price or other consideration either.
2 In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

 

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