Employee loyalty card abuse ***Settled at Mediation***

[dx100uk]

ive converted you image to PDF so we can zoom and read.

 

1st..private parking speculative invoices are not fines

 

2nd much the same as above

its a clever letter that doesn't say WILL anything and all these ambulance chasers are doing is trying to line their own pockets with free money that the retailer won't see a penny of.

 

it is safe to ignore them totally.

 

should the RETAILER wish to proceed with this he would get letters from THEM not this bunch of fleecers.

 

please comeback should he, but pigs don't fly!!

 

dx

 

[dx100uk]

Can i just say that your son is one of 100's a month that this kind of issue arise.

 

even outside of todays climate, there are no examples of employers taking court action, and, his sum is tiny in comparison to others

shame he responded at all

 

Dx

[dx100uk]

they being Stonegate Pub Company

 

they must abide by the Pre action protocol and send a 30 day letter of claim. before they can ever issue a court claim (never seen one)Stonegate Pub Company

 

if you get a letter of claim from a SOLICITOR not powerless BPL who state their client as Stonegate Pub Company comeback here

[dx100uk]

please complete this:

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

moved to legals and retitled

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

[dx100uk]

so somehow they managed to turn some possible £352.72 into £738

 

unicorn food tax of some £200+ added by BLP then...

section 69 int 22/12/2019 to 18/11/2020 on £526.95

 

and section 69 interest on that £200+ unicorn food tax from 22/12/19 till settled

 

they cant do that.

 

 

[dx100uk]

nope

 

dx

 

[dx100uk]

ok lets try and focus things here

 

forget their previous letters - they mean nothing.

 

the CPR request can only refer to documents or implied documents mentioned in their POC.

so word the CPR Intelligently!

 

first you've also got to understand this is a very very speculative claim....

they are flying a very heavy kite here in extremely light winds and hanging a very big weight on it - (it is worthy to return to posts 7&8 above)

 

IF they did have any case they would goto a magistrates court as it would be a theft charge. not a county court for a sum of money

 

they haven't and the POC is absolutely laughable...

 

12 hours ago, ChrisS1968 said:

2.      The defendant has thereby (1) stolen, and/or (b) failed to account and/or (c) committed a deceit and/or (d) been unjustly enriched by the amount retained.

 

carefully note they don't know WHAT they are going to court for else they wouldn't be putting and/or between the various allegations.

 

they are expecting the defendant to wet themselves and cough up or go crying on the phone to them and it never gets to court, or mummy and daddy bailing the family name out and coughing up ...oh the shame oh the local papers...you've destroyed us...BS!!

 

first 1 stolen...no it's not theft else you'd be facing a charge of theft in a magistrates court and the potential/resultant imprisonment or fined.  they should not even be including that word and i'm sure it will be dealt with in your WS by the experts when the time comes..

 

b) no he didn't fail to account as if he did they would not know about it!!

 

c) committed deceit - what deceit??  about what ...they don't specify... but what that is in moneywise (all they can claim in a county court) actually IS in value and how it contributes to the claimed figure is very debatable without PROOF of every penny it adds.

 

d) unjust enrichment - again this is another word for theft..if he stole something then it would be a criminal magistrates charge of employee theft and he would have been arrested by the police and duly charged with such.   its NOT.

 

so, what does one ask for in a CPR..again as i say, taking the words in the POC exactly and ignoring everything previous...

 

i'm at a loss, because asking for CCTV, till transaction data, More Card statements etc etc etc admits he know what they are going on about...and the poc does not say bar...

 

12 hours ago, ChrisS1968 said:

1.      Whilst the defendant was employed by the claimant the defendant sold goods belonging to the claimant receiving full price and purporting to account therefor but only accounting for part thereof and retaining the balance for his own benefit.

 

what goods did the defendant sell belonging to the claimant that they only partially paid for ???

it was a rewards scheme, they got the full price of the transaction everytime just the defendant claimed points against them

he did not retain any balance for his own benefit ....see it doesn't even HINT it was a reward scheme.

 

be very very careful what you ask for as it can result in  admittance you know what hey hell they are going on about to a judge later in the case saying..well you asked for xyz so must know what you did wrong.

 

needs very careful thought..

 

dx

 

 

 

[dx100uk]

i'm not sure how to go about it TBH

let andy advise..

[dx100uk]

 1 & 3 need to go IMHO as it's admitting he knows what the claim is about.

nothing in the poc states its toward it being a reward card misuse, 

[dx100uk]

please hold on the CPR it might not even be needed..

[dx100uk]

as i said quite a std practice across the pub franchise industry that has been going on for decades.

i cant say why but i know this was a very good money earner for managers from the mid 1980's onwards which is why they all went over to serving food in that decade all of a sudden!

 

the only poss issue i can see here is once it's on the table what it's all about, as suspected it was a staff issued card by them, their T&C might specifically state this is against your use of it. 

[dx100uk]

On 24/11/2020 at 13:07, ChrisS1968 said:

Particulars of Claim

 

1.      Whilst the defendant was employed by the claimant the defendant sold goods belonging to the claimant receiving full price and purporting to account therefor but only accounting for part thereof and retaining the balance for his own benefit.

 

2.      The defendant has thereby (1) stolen, and/or (b) failed to account and/or (c) committed a deceit and/or (d) been unjustly enriched by the amount retained.

 

3.      The claimant suffered a loss from the defendants actions of £526.95 including the cost of investigation.

 

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 22/12/2019 to 18/11/2020 on £526.95 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.23.

 

On 25/11/2020 at 01:41, dx100uk said:

ok lets try and focus things here

 

forget their previous letters - they mean nothing.

 

the CPR request can only refer to documents or implied documents mentioned in their POC.

so word the CPR Intelligently!

 

first you've also got to understand this is a very very speculative claim....

they are flying a very heavy kite here in extremely light winds and hanging a very big weight on it - (it is worthy to return to posts 7&8 above)

 

IF they did have any case they would goto a magistrates court as it would be a theft charge. not a county court for a sum of money

 

they haven't and the POC is absolutely laughable...

 

 

carefully note they don't know WHAT they are going to court for else they wouldn't be putting and/or between the various allegations.

 

they are expecting the defendant to wet themselves and cough up or go crying on the phone to them and it never gets to court, or mummy and daddy bailing the family name out and coughing up ...oh the shame oh the local papers...you've destroyed us...BS!!

 

first 1 stolen...no it's not theft else you'd be facing a charge of theft in a magistrates court and the potential/resultant imprisonment or fined.  they should not even be including that word and i'm sure it will be dealt with in your WS by the experts when the time comes..

 

b) no he didn't fail to account as if he did they would not know about it!!

 

c) committed deceit - what deceit??  about what ...they don't specify... but what that is in moneywise (all they can claim in a county court) actually IS in value and how it contributes to the claimed figure is very debatable without PROOF of every penny it adds.

 

d) unjust enrichment - again this is another word for theft..if he stole something then it would be a criminal magistrates charge of employee theft and he would have been arrested by the police and duly charged with such.   its NOT.

 

so, what does one ask for in a CPR..again as i say, taking the words in the POC exactly and ignoring everything previous...

 

i'm at a loss, because asking for CCTV, till transaction data, More Card statements etc etc etc admits he know what they are going on about...and the poc does not say bar...

 

 

what goods did the defendant sell belonging to the claimant that they only partially paid for ???

it was a rewards scheme, they got the full price of the transaction everytime just the defendant claimed points against them

he did not retain any balance for his own benefit ....see it doesn't even HINT it was a reward scheme.

 

be very very careful what you ask for as it can result in  admittance you know what hey hell they are going on about to a judge later in the case saying..well you asked for xyz so must know what you did wrong.

 

needs very careful thought..

 

dx

 

 

 

 

 

2.      Paragraph 1 is noted. Whilst employed by the claimant I have held a MORE card to which the claimant refers. |The defendant is however unaware of any of the alleged incidents to which the claimant refers nor has the defendant been given access to any evidence to support the particulars of its claim.

 

please do not file at least your point 2!!

 

read the above very carefully!!

 

dx

 

[dx100uk]

agreeing to mediation is not admittance.

 

dx

[dx100uk]

a judge doesnt work on doubts or possible evidence, only hard facts.

if he was confronted by the 'evidence' during mediation, then that is not correct and the mediator should not of allowed that to happen.

[dx100uk]

Thats not what mediation should be doing.

He should have refused mediation as he did not have at the point of it starting enough or any information sent to him to make an informed decision.

 

Solely upon that point alone, which was blatantly obvious to the mediator , the mediator should have stopped mediation happening.

 

Sorry but i think he got railroaded there.