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    • Peter,   I thought overdrafts were payable on demand ?  
    • I'm sorry but this may be a long post but I really need some advice : My son has been working on a fixed term, claims based contract which usually finishes at the the beginning of January and then employees are asked back.. Unfortunately I was sent home from work to self isolate due to being in contact with a positive contact .I then started to feel unwell and sent for a test which unfortunately came back positive so my son had to also isolate. During this time he had kept his employers informed that he was having to self isolate and that I had received a positive and he had ordered a test and was being tested. (which actually came back positive) This is where it starts to go wrong ,although he had contacted work and gave the names of the colleagues who he had been in contact he sent an email (or so he thought) informing them that he was positive .It was not until he returned to work that he realised that the email was sitting in drafts. The app said that he had to isolate until 28th (he went to work on 28th) which he showed them when he got to work, however it does say that you have to isolate 10 days from the test or from when you start displaying symptoms so he had been isolating for 14/15 days. He was sent home as no one was aware of his test result and was told that the manager would contact him to arrange to speak to him but she was currently on holiday. He sent an email explaining all the time lines .He did not hear anything back until last week asking him what shifts he would be available for in the new year, all good we thought but then he received a letter yesterday stating  "After a thorough investigation relating to your conduct upon receiving a positive COVID-19 test result, the decision has been made not to offer you further employment " He replied saying that he did not know that there had been an investigation and requested the copies of the investigation. The reply was " "as you are not currently in the employ of ---------------there is no legal requirement for me to provide evidence for this. However in light of your request for information, the following informed the final decision:" The absence of communication with a manager upon confirmation of a positive COVID-19 result The absence of communication with a manager to arrange your return to work following a positive COVID-19 test result The high level of risk to people and business associated with the two points above The approach to communication with colleagues and management upon your return to work We have a duty of care to protect our employees and members of the public, and as we continue operating within this pandemic we must be able to fully trust our team to follow correct procedures at all times. Can anyone help please ? Do they not have to provide evidence especially he was not given the opportunity to defend himself.
    • Hey guys - I've read a fair few of the Hermes related posts but hoping you can guide me here.   I paid Parcel2Go to ship 2 speakers to me, via ParcelForce from an ebay seller (Value £170 + £33 shipping) I stated on the form it was 2 speakers, and having been told that these were protected for loss only, I took out their insurance (£9 cost) The seller packed them according to their packaging tips page - two layers of corrugated cardboard and some corrugated plastic cushioning (4 layers).    They arrived badly damaged - the base smashed on one, cracked on the other. Dents on both. Looks like they had been dropped several times from a reasonable height.   Parcel2Go are now saying that they class these as Musical Instruments and that they must be packed in a hard case.  As such they will not pay anything towards the damage. After searching through several pages, and buried links, I've have found this in their terms but its buried pretty deep, and wasn't at all clear in any correspondence, or during the booking process.   Do I have a leg to stand on in terms of making a claim in small claims court? Really disappointed in the terrible handling of both the parcels and the complaints process.   Thanks for any advice - its very much appreciated.    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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That is what i originally sent and the 2nd time asked what I'm claiming for which is what i sent in the 2nd statement. Shall i resend the 1st statement or rewrite and make it more detailed?.

 

Not sure why the court hasn't got that 1st statement but the whole thing was a mishap anyway as the 1st call i had the judge had the wrong case.

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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Rewrite a fresh particularised particulars of claim given that the court has ordered this.....lay it out as per the defendants statement format.

You will have to submit an application notice N244 to change the defendants name....the fee will be £100.

 

Post a copy here of your intended particulars before submitting...you will have to conclude it with a statement of truth as you will be submitting it manually.Did the court give a date that this must be complied with ?

 

Andy

We could do with some help from you.

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Please find this amended claim as requested on the 30th of October this year.

My original claim was sent on the 29/6/2020 and not what was used on the 30th.

 

Claim is as follows

 

after checking all the tiles, as per Ceramics/DTW’s contract for size, colour and shade differences etc etc, it became apparent upon the grout stage of tiling, which is the final process there was a serious problem with the supplied tiles, a differing stage of staining on the edge of some tiles.

 

After exhausting the use of the chemicals purchased by myself and supplied by ceramics/DTW ltd and upon a more thorough inspection, ie catching the tiles in a correct light at an angle the problem was revealed and using a magnifying glass tiny microscopic holes in the surface on some edges of some tiles.

 

I have physical and pictorial evidence of this as do Ceramics/DTW and conclude the tiles supplied are not fit for purpose and the contract has been broken.

 

We have 19 tiles in various stages of defectiveness but after two offers from Ceramics/DTW which wouldn’t cover any labour costs, and by Ceramics/DTW”s own admittance the new tiles supplied won’t match the ones we already have,  and on the bequest of Ceramics/DTW to provide three quotes to replace all the tiles, which we’ve done we conclude we need to change all the tiles to keep a continuity and perfect colour throughout our £40,000 project. 

 

Ive draughty this so far. Look forward to your thoughts.

 

I"ve created this  so far.

Look forward to your thoughts.

Claim number will be on the email to the courts.

 

Please find this amended claim as requested on the 30th of October….pdf

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Requires work.....a lot if you wish to stop this set a side.Did they actually submit a defence ?  If so can you scan redact and upload that also.

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No thats not their defence......thats their statement in support of their application to set a side.Did the court advise them to submit a defence now its been set a side?

We could do with some help from you.

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No they just asked me to serve and an amended statement and why the contact was breached. The above is the only Court paperwork i have from Compton group other than letters received at the start of the year.

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You should receive a General Order notice form the court advising the set a side and requesting you to submit amended particulars. Im not sure what this judge is thinking when he is without sight of the defendants intended defence or what is concerning him with your particulars.

 

It is important to quote the CRA 2015 and that you are relying on this as the basis of your claim.....your stated losses and interest if requested. Try not to go into too much detail.with regards to the nature of the defect...there is a defect..you are not satisfied with their previous offers and what you require to satisfy your claim.Rememebr the more detail you give the more detail you give to the defendant to use in their defence.

We could do with some help from you.

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CRA 2015? and how am i relying on this please?. I'll redo the statement and take out the detail. I'm not a legal person but i think their defence IS that ive accepted the tiles. Is " not fit for purpose" a legal term?.

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Consumer Rights Act  2015 ....its was initially stated in Bankkfodders suggested particulars and in your initial posted particulars.

That is the legislation you are relying on .

 

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The judge wants a better statement in the particulars like the defendants and the terms of the contract that I'm saying has been breached.

 

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Post it here for opinion before submitting.....and again you cant just attach it to an email with the claim number...it must be formatted like the defendants statement and conclude with a statement of truth signature and dated...otherwise its invalid and likely to be rejected by the court.

 

Quote

The judge wants a better statement in the particulars like the defendants 

 

Be professional.

 

Andy

We could do with some help from you.

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Not really......does not state how much your claiming or if your claiming interest...its suppose to be a particularised version of your POC.

We could do with some help from you.

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No County Court name ...no claim number....no date.......no heading......hold your proposed statement at the side of the defendants......does it look the same ?

We could do with some help from you.

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PLEASE let me know to add or take out any info. I thought maybe i should mention that due to the nature of the fault and evidence i have that the court would need to see this in person?.

z5.pdf

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Better .....beginning to look like a particularised defence...although your final paragraph should state the amount claimed 

 

 

" Pursuant to the consumer rights act 2015 sections 9, 10 and 15 . I have a legal right to be supplied with goods that are satisfactory and fit for purpose to which these tiles are not and clearly the contract has been broken. At no time from my initial contact to Ceramics ltd/ DTW even after offering numerous times did they want any samples sent or come and inspect the tiles themselves.

 

The claim is for all works to be completed which consists of replacement of all 125 tiles and labour . 

 

And the claimant claims £5999.00 along with court fees of £410.00 "

 

Quote

 I thought maybe i should mention that due to the nature of the fault and evidence i have that the court would need to see this in person?.

 


Sorry I dont understand the above statement ?

 

Andy

We could do with some help from you.

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Would you not think that as some of the evidence should be seen by the judge to ascertain the problem they should know before hand so we don't get an conference call hearing.

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21 minutes ago, kammx4 said:

Would you not think that as some of the evidence should be seen by the judge to ascertain the problem they should know before hand so we don't get an conference call hearing.

 

Your not at that stage yet......unless the judge specifically requested evidence be submitted with the particularised defence.....otherwise that follows with the court directions.

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

 

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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