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    • Great thanks! I have refined it -    ‘Dear Prosecutions Manager,   I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff.  I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare. I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice. I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since. I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions. I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.. I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’
    • Hopefully this has done it, thank you for your help 2021_05_14 20_18 Office Lens-merged.pdf
    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
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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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hI 

I am after some help/advice 

 

Heres my problem 

On 14 August 2019 i spoke with line manager regarding staying with company instead of going over new one  with the TUPE transfer .

I received an email on the same day stating that i was off the TUPE transfer list and that i would  be based at ... and also be put onto the next course to further my career.
The same email stated i would be at ..on a 4 week secondment .

Even though I was told it would be 4 weeks I was there until   Friday 14 August 2020.


28th Feb 2020 I was emailed to say that i would be returning to... on my original contract.


On 1 March at 8pm i received a call asking me to go back to the ... office as the Manager had called in sick.


on 11 August 2020 i was told that i would be returning to.... and i sent an email stating i wished to go back to ... as an ..if it was possible.


I received a call and an email about an assessment day for Thursday 13 August at 3pm and was also  told a timeline would be sorted for my return to ....


On Thursday 13th August at 2pm i was told by ... .... that i did not need to go to the assessment as there were no spaces on the course .


This was followed up by a call from line manager saying he was unsure why they had said i should go for the assessment and then no spaces .
line manager said he would call me back that same day , this did not happen .


On Friday at 11 am i received an email from   saying I was going back to ... and to be at... for 9.30 today 17th August  for a one to one  

I was given no timeline and nothing was discussed with me and after a year I did not expect to receive less than 1 working days notice.


I arrived at... and after a chat with new line manager,  as I was fully aware,  I am not compliant to go on the road  so cannot work .


I have spent most of today sitting in my Vehicle as there is nothing for me to do.

 

I have thoroughly enjoyed my time in the ... office and willingly did this as i thought i was furthering my career with the company .


The past few days have caused me a great deal of stress , anxiety and i have also questioned my self-worth .
From going from being in a busy office , some days having to Manage alone i find myself having no work to do .
I feel humiliated and worthless .

 

My second issue is

I have not been paid any overtime since April pay .

When I was paid in May I did not receive any overtime, I flagged this and was told it would be in June pay .

When I was paid in June, I did not receive May or June overtime.

This was again flagged up and I was told I would receive it in July pay.

July pay did not have may June or July overtime or the 3-month performance bonus.

 

Again, this was flagged up and I was told it would be put on a pay review for the 15th July.

When I did not receive payment, I queried this I was told that it will be in August pay.

 

I feel that even after an email from area manager stating he would personally guarantee my overtime was paid and now constantly having to question why I have not been paid correctly very stressful.

 

Even after not getting paid in May, June and July , I carried on working from 5.30 am to 7pm not knowing if or when I would be paid the extra hours.

 

I have proof of everything I have stated, and these can be supplied if needed

 

any advice welcome 

 

 

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Hello and welcome to CAG.

 

I'm sorry you haven't had any replies so far. We're all volunteers here which is why we don't charge for our advice, so please bear with us and people should be along later. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Has the company claimed furlough for any staff ?

 

There are companies who have claimed furlough money and had the staff working.

 

Reason I ask, is that if the company had received furlough money from HMRC to cover your wages, they would not pay any overtime, as it would be hard to earn overtime, if you were supposed to be at home. 

 

In these situations, i would suggest arranging a meeting with your line manager to just ask about your job and the training.  Ask  the line manager to confirm any assurances they provide to you in the meeting in an email. And if they fail to send you a satisfactory email within a few days, send the line manager an email, just confirming the conversation you had with them and what assurances they gave to you;.

 

If you don't get anywhere following a meeting,  I would suggest that find out your companies grievance process and follow it.   Your HR manager should be able to provide a copy of the process. 

We could do with some help from you.

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Thank you for your reply 

The company did not put anyone on furlough 

I have emailed line manager asking for a timeline on my training .

hopefully he replies 

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