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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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Waterloo1

MBNA refusal help please ?

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Hi 
please may I ask for help from anybody else who has had experience with MBNA PPI. 
I took out PPI on a Credit card in 1998, card running until 2015.
i applied for PPI refund just before the deadline. 
It has been delayed many times,

 

a few days ago I received letter with the a questionnaire to fill out.

I haven’t had chance to finish this yet to return but today have received a refusal. 


Based on it was a Postal application which you purchased PPi on same day. 

We did not provide any advice or recommendations when you purchased the policy

The conditions stated you had to be 18-65 and a UK resident in permanent employment. I have checked our records and am satisfied but you were.

at the time you purchased it was 68p per £1.00 of the statement cost.

If you made a successful claim the policy could cover at least 3% of the balance in a statement period. This could have been paid for up to 12 months per unemployment claim . in the event of a claim it would have been paid until you returned to work.

i believe you would have received benefit from the PPi policy in the event of sickness, unemployment or hospitalisation and im not persuaded at the time that you had sufficient meanS to cover long periods of payments if needed.

in Addition

Any other sick pay or benefits wouldn’t have prevented you from making a claim under the policy

There were no other terms, limitations or exclusions which were likely to have prevented you from making a claim under the policy 

you could cancel at any time.

...............

heres the situation

they have awarded Plevin

however I suffer from epilepsy and am unsure if this would have invalidated the cover ?

 

Also would a postal application have asked me for any medical conditions back in 1998

I just can’t remember ? 

Thankyou for any help or advice ad

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Please scan the letter upto one multipage pdf

read upload

 

So what is your problem?

you think ppi premiums should be returned

and not a plevin commission refund?

or you dont think you shourld get anything??


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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Thankyou I was asking really if because I have Epilepsy this would have invalidated my point policy and therefore been a reason to argue the policy wasn’t suitable for me.

i haven’t had a chance to advise them of this yet as they sent the refusal letter 2 days after the Questionaire came. 

Im not sure if when I applied via postal application in 1998 it would have asked about medical conditions.

i am trying to upload the letter now but struggling

 

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no would have simply been a tickbox if you wanted it 

and anyway they weren't regulated in 1998.

 

unless you did and sar got all the info first there's little you can really do now.

but a plevin claim for a 1998 card till 2015 should be in the £1000's anyway I expect.

 

cant comment without seeing the letter follow my last post please

  • Thanks 1

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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07-11-2019, 17:

 

have attached thanks.

 

Ok so no point replying that I had long term health condition then ? 

 

And accept the Plevin instead ? 

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pers i'd except that

 

you ticked the PPI box

it was quite correctly an unadvised sale at that time

and at that time they were unregulated anyway so didn't even have to carry out any checks and even if they did or did not, there is no-one that can tell them they were wrong at that time

 

they cant escape plevin as they admit you signed up for PPI, so they were offering PPI

and they are already down on record they attained more than 50% of your policy sale from the PPI underwriter as a backhander so....


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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AM i able to cash the Plevin cheque in lieu of trying for the PPI with the extra information I have ? Or if I cash it will they consider it game over ? Thankyou

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you cant claim both

 

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 @dx100uk 

 

please could i ask ask your advice ? I sent Sar req to mbna re the above. MBNA have taken over  a month to replyi need to send proof of address utility bill or passport to Lloyds branch to be verified.

 

however I sent them a Utility bill with my request due to fact MBNA account was at my old address with parents. I have rang them to advise already sent Utility bill, they are saying I must go to branch with my ID so they can see me in person and only then will they start the 30 day request period. 

 

Os this correct ? It runs my time down if I need to Send to FCO. 

 

Thanks for yor help 

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Read the sar link and all its posts

 

What has a concert orchestra got to do with this?


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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Sorry meant FOS ! Auto update.

 

I’ve read the Sar post

can’t see thing about it going  to lloyds bank to prove identity

 

I have already sent themselves utility bill asked on phone if I could email Council Tax or passports copy told no have to take proof to bank to be signed in person. Then 30 days begin. Very annoying given I’ve waited over a month already. 

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did you send ctax with original request.?

yes they can ask for suitable i'd .

 

dx

  • Thanks 1

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 i did which he confirmed they have . I will have to pop to the bank then thanks 

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shame, they shouldn't be pulling these stroke, but ok get it done

 

 

  • Thanks 1

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 received my Sar info back finally.

Advised I especially wanted the Credit Card agreement / Terms and Conditions.

( As I wanted to see if there was any info regarding excluding medical conditions from the PPI claim as I have Epilepsy).

 

Have received all data back including statements ( only available from 2011) not held between 1998-2011 it says.

they say they don’t have my CCA adding though that they would have required sight of a signed agreement.

 

They haven’t put anything about Terms and Conditions so I can’t check whether Epilepsy diagnosis would have been excluded. 

Is it worth me appealing this to the FCA on the grounds the cover wouldn’t have paid out or not ? 

 

I have been offered plevin at £1400 but a full payout would have been a lot more this Ian when i am querying. 

 

Thanks for any advice you can give 

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On 07/11/2019 at 21:33, dx100uk said:

pers i'd except that

 

you ticked the PPI box

it was quite correctly an unadvised sale at that time

and at that time they were unregulated anyway so didn't even have to carry out any checks and even if they did or did not, there is no-one that can tell them they were wrong at that time

 

they cant escape plevin as they admit you signed up for PPI, so they were offering PPI

and they are already down on record they attained more than 50% of your policy sale from the PPI underwriter as a backhander so....

 

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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Thankyou for that, so even though in my letter they say they have checked records from that time and I was eligible and the premium would have paid out under sickness ( even though the sar says they don’t have any records).

thanks for your advice. 

 

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On 07/11/2019 at 17:02, Waterloo1 said:

Based on it was a Postal application which you purchased PPi on same day. ...

We did not provide any advice or recommendations when you purchased the policy...


i believe ...There were no other terms, limitations or exclusions which were likely to have prevented you from making a claim under the policy 

 

it was an unadvised ppi policy sold by them, you chose it, you didn't tell them you suffered Epilepsy...

the above statement is thus sadly true...

now had you told them of your condition AND they still accepted you..that would be another matter.

 

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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NO problem Thankyou I wasn’t sure if they had to provide some kind of info at the time re exclusions. Thanks 

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