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    • Hi BankFodder,   Thanks for your response, they have finally emailed me back and tried to tell me I'd need to go to Packlink, I have responded saying I don't need to go to Packlink as they were the ones handling the package and were negligent enough to lose it, this has nothing to do with Packlink.   I had a 20 minute argument with Hermes on the phone on Saturday about the same thing as they kept saying "you need to go to Packlink" I eventually asked them how a parcel just disappears into thin air and they actually admitted that even though they told Packlink the item was lost no one has done a warehouse sweep to try and locate it.   They are currently doing a warehouse sweep and will get back to me either tomorrow or Wednesday. So I'll be sure to give an update on what has been discovered.   Thanks toys
    • Stabbed in the back and screwed at the same time you mean, I would laugh but it's not funny is it. This is peoples lives and their families future they are messing with.    I put your argument to NDL without mentioning it as advice from CAG. I also advised NDL the sole nature of the restrictions being against the interest in the property and not the property itself, which is jointly owned. This was their response:   You're likely to find in practice that the creditors will refuse to release the restriction unless they are satisfied that their debts will be settled to their satisfaction. Likewise buyers and their representatives tend to be reluctant to proceed until these restrictions are lifted. Otherwise the restrictions serve no benefit for the creditors. The Land Registry won't allow the restrictions to be withdrawn unilaterally without good reason. We don't purport to offer legal advice on conveyancing issues here so you're best to approach the conveyancing solicitors directly if you wish to discuss the finer points. We can only advise on how this tends to affect such transactions in practice.   They then unilaterally ended the chat! I guess they didn't like my response then?   I have to say that NDL advice makes perfect sense to me: why bother with restrictions if they are worthless in our circumstance; sole debt and joint ownership? why would the buyer proceed to completion from a risk or moral perspective as they have nothing to gain why would Land Registry allow the restrictions to be withdrawn unilaterally without good reason This is a big call and literally makes £000's difference to what we can afford when we downsize.    My gut feeling is once the vultures know we are proceeding with a sale they will hold out for 100%. They will find out if I attempt to negotiate or if a conveyancing solicitor informs them during the conveyancing process.   How do I manage the process so that: The buyers and their conveyancer do not insist on the restrictions being cleared pre or upon completion The vultures do not find out until after the completion date For the time being it's as you advised do nothing. I do need to monitor this and plan ahead though.
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
      • 13 replies
    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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My partner started a new job and notice handed in correctly etc,

 

As he worked through out covid, we was under the impressions any holidays left would be carried over due to the temp law, the company never confirmed or deny and even assist with anything during covid just emails to say not in office. 

 

We have worked out on the gov holiday calculator that my partner should get paid 18 days holiday, but they only paid 5.333 days and are not responding to any emails or calls, it is over £1000 in money missing as he works 12 hours shifts, are they correct not to pay him any holidays owed to him before covid? 

 

thanks 

 

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After getting hold of the company, they state they have paid me 8 days (they have not as i work 12 hours shifts) and they paid 64 hours which total 5.333 days, they are now saying as my site was not affected by COVID they do not owe me anything and charged an admin fee of £20 for helping in getting the SIA badge but this have never been told to me! 

 

Site was affected by COVID as the hours I was working was 60 hours a week, but then another site was shut due to covid so my hours and days dropped to 4 on 4 off, and if i work out my holiday entitlement through GOV website it states 1.66 weeks and i work that out as 11 days, they are refusing to assist 

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I assume your holidays run from March to April or something similar. As far as i know your holidays continue to accrue - covid or not, especially since you kept working they have no leg to stand on.

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thanks for help, so ACAS helped as much as they could and ended up doing early conciliation. 

 

So holidays start from 1st April till 31st March, 

My Partner started 9th Feb and finished on 17th July and 0 hour contract. 

 

Before covid was doing 60 hours a week then covid and was 4 on 4 off, but nothing to say this. 

 

We worked out it is 1.66weeks 11.62 in days to be paid from the period, he was paid for 8 days after (at only 8 hours though not 12, but we sorted that bit) 

 

I know it's only 3.62days still owed but its a lot of money to us at the moment. 

 

When acas spoke to them, they said same to us, that my partners site was never affected by covid and that he could have taken holidays at any time and that he was told when he started the holiday periods.  but then covid happened and nothing the office staff were furloughed and emails to the office stated this. 

 

we are not sure if it is worth going to court as ACAS said that as it is over 3 months ago we may not have a case to take, but then it makes you think how many other business are going to get away with this. 

 

 

 

 

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So it sounds like you are after the holiday he accrued between 9th Feb and March 30 which you have worked out to be 3.62.

 

Does the company allow holidays to be carried over to the next holiday year? most companies allow 5 days some don't.

 

If your partners company don't allow carry over and he doesn't use his holiday he looses it.

 

However there is a new rule for covid to carry over holidays over the next 2 years - look that up

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I don't think its worth going to court over - cos he carried on working as stated he could have taken his holidays if he wanted to, in which case they will have to stop him due to staff shortage or other business reasons.

 

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#holiday-entitlement

 

And considering the holiday year ending 30th March, most business in the UK were fully operational at that time and lock down was after (i think)

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