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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.    
    • So then the guide is incorrect. I don't have duplicate entries on my credit file even from the piggybank loan which is the only one of the 3 that i'm aware of being sold.  I'm subscribed to all 3 so have checked them all. So 2 of the 3 PDL's are not with DCA's and the same 2 companies are in administration and from what i read that means they can be removed.  I will re read the guide but am sure that applies.     "If the company who reported this info doesn’t exist anymore – Then you have a right to have the information removed by default. Its only in the case of where it hasn’t been picked up by a Debt Purchaser."
    • Yes, had no symptoms,  just took the test in case I was positive, and didn’t want to spread in case I was positive and carried on working.   On the test instructions leaflet they gave me with nothing on the back to say you should isolate now till you get test results.   so don’t know where I stand, I believe I haven’t broke the law.   as I believe there might not a employers covid testing policy in place, and not signed a document. I have read about what to do etc. I cannot check as suspended, but will ask for a copy.    
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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.
       
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      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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Crystal Clear Ltd in Letchworth - Admitted Wrong Glass Supplied - Am I entitled to a refund?


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I notice that you say that you want to keep the frames but you want to reject the glass. Is this necessary? It seems to me to complicate the issue. If they simply refund you and then don't want to deal with you any more, will you be able to obtain the glass you want in order to fit those frames from some other supplier? Have you identified that other supplier and have you taken a quote for an equivalent installation?

Where is the glass now?

Are you suffering any inconvenience at the moment? Have you incurred any ancillary losses as a result of their breach of contract?

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Think you've got the wrong Crystal there Slick132...it's Crystal Clear Group Ltd. There's a lot of companies with Crystal in the name!

 

I agree could take out the struck through part about evidence, although they already have it all already, but I think I need to leave the part about mediation/ADR in, it's important to show I'm open to these, that and the next line came from a template letter before action.  Have asked for that post to be removed via the report button, just in case, the rest of the thread can stay!

 

 

 

 

The frames are fine, no reason not to keep them, though I could reorder frames from somewhere else it'd be easier to keep these ones as I then already have the measurements for the glass (which I've double checked). I will be asking that question tomorrow though. I have found another supplier I'd be happy to use at around the same price. Glass at the mo is stored mostly upstairs, it's a bit inconvenient as it takes up a lot of space, but no losses as such.

 

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First of all, we please deal urgently with the identity of this company. In the title to this thread they are identified as being in Letchworth. This is not correct? We do not want to start firing off accusations against some company elsewhere may be is doing its job perfectly well. Please can you respond to this urgently

Post up a link to their website

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In terms of your letter of claim, you've asked us to remove some information – but you have put it up and it's not that critical it's simply bad practice and so we will be leaving in place. It's highly unlikely that the company will stumble across this thread – and anyway no great harm done – but there is no point in spelling out in a letter of claim every detail of the evidence you are going to be relying on if it goes to court.

In terms of referring to mediation, it's not up to you. It's up to them. Once again you want to play your hand before it is necessary. Do not do it. Let them make the decisions. They probably will opt for mediation as part of the court process – and then you can simply accede to that. A letter of claim is not the time to start stating this kind of stuff. You come here for advice and I suggest that by and large you follow our advice.

In terms of just keeping part of the contract – the frames – as long as you are sure that another supplier would be prepared to supply the glass which is absolutely appropriate for those frames.

However, I should warn you that mixing your suppliers like this can eventually lead to problems because you are giving both parties a means by which they can pass the buck onto the other party. This really can get complicated – if the frames fail and the company with which you've already fallen out, then decides to get their own back and they say it is the glass supplier. The glass supplier may well turn round and say no it's the frame supplier – and you are left in the middle and you will have a difficult problem including maybe having to pay for an independent assessment to ascertain whether liability lies.

In my view its most ill-advised. You have an opportunity here to predicate your rejection on the fact that you had a single contract and the glass and the frames are supplied as a job lot and the defective glass means that the entire contract is subject to rejection.

However, it's up to you. Furthermore, if the frames fail within a particular time, apart from the problem of passing the buck to the glass suppliers, you may find that the frame suppliers are quite reluctant to do any further business with you because they will have long memories.

If you really think that after this litigation the frame suppliers will be prepared to continue with you and to supply the glass that you need, then you need to be very certain. Of course they may be very pragmatic and business minded and mature about their dealings and be prepared to supply you with the glass you need with perfectly goodwill and professionalism. However, you shouldn't bank on it.

All it needs is one individual within the organisation start feeling that the whole thing is some kind of personal rebuke against them and they may set out to make life very difficult for you.

 

Anyway, that's my two pennies worth. I think you should follow our advice in terms of legal process and the letter of claim. The rest of it is to how you deal with your windows is simply a bonus for you.

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On 21/11/2020 at 05:56, Gardener_41 said:

...you're right, it's Crystal Clear Ltd in Letchworth (though they have multiple locations all over). 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Interesting point on the mediation, I thought I had to make it clear I was prepared to do that. If they chose to go directly court without offering it, presumably that reflects badly on them. I'm not concerned about the frames falling apart, it's the same frames I had back in 2012 from a different company and they were still fine when I sold my flat last year. Glaziers I'm sure I can find somewhere else (and already have - a different glass supplier to that which Crystal uses). But you make a good point, I may well reject the lot!

 

It's this company http://crystal-direct.co.uk/

 

 

Edited by Gardener_41
forgot to add that glass supplier I'd found was not the same as company uses
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You don't have first say in the choice of mediation. They have to indicate it in their defence that they are prepared to go for mediation or rather in their directions questionnaire. Then if you don't object – it goes to mediation.

Although it really shouldn't make any difference, quite frankly by offering to go to mediation it already looks as if you are trying to propose some kind of compromise. Don't do it

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Hi, I've shortened the rest of it considerably. Not sure what to do with this paragraph though?!

 

Repeated requests for a refund on the glazing only have been met with refusal citing your terms and conditions and stating you will only reorder the glass. I would point out that this variation of specification was not by prior agreement, and hence I am not bound to pay for it under your own terms and conditions (2.3 No variation to the Contract shall be binding unless agreed in writing by authorised representatives of the parties). Additionally as the item has not been made to my specifications clause 3.5 is negated (3.5 Cancellation - All Crystal products are ‘made to measure’ This means that where goods have been manufactured ‘made to measure’ due a customer’s specifications, they will become non-returnable and non-refundable.’ Furthermore, term 3.5 is not even included in the terms and conditions I received in the order acknowledgement.

 

 

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Well I'm not sure that you have posted up your new abbreviated version so it's difficult to know what you're talking about

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Does this do the job?

 

 

Quote

 

Dear Sir/Mdm

 

Letter of claim

 


On XXX date I entered into a contract with you for windows – reference number XXX.

The requirements were clearly laid out and specified in my email of XXX date.

Despite that you eventually supplied items which did not tally with the agreed specification and although I have asserted my right to reject the goods under the Consumer Rights Act, you have refused to comply with your statutory obligations and you appear to be saying that because the goods are supplied were "made-to-measure" that you are not obliged to accept my rejection and to refund me the price.

I have already tried to point out you that these goods were supplied not as agreed so in that respect they are defective. In any event I should also point out you that whatever the circumstances, even if you supply goods which are made to the agreed specification, if they are defective then I would be entitled to reject them.

You are continuing to refuse to reimburse me and so I'm writing to inform you that if you do not make arrangements to collect the defective items and to refund me in full within 14 days then I shall issue proceedings against you in the County Court for full reimbursement, plus any expenses incurred as a result of your breach, plus interest plus my costs.

Yours faithfully

 

 

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Looks good, though I'd possibly have to change it to be asserting my right as part of the letter. I have sent them a previous e-mail with the words 'I do not accept this item, which is effectively 
not as described and as such am entitled to a refund under the consumer rights act 2015.' But I didn't use the words "right to reject", I was going to do it after taking the legal advice tomorrow and put it in the letter itself...the 30 days runs out on 5th so still time but not much. I have the name of their CEO, Martin Randall, and his address and plan to send copies both to his listed address and the Letchworth address. I think I'll start Dear Sir and just address the envelope FAO Martin Randall CEO Crystal Direct.

 

Thanks

Edited by Gardener_41
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however you modified the letter, please post it here. However, I'm concerned that you are apparently taking separate legal advice. If this is what you're doing then I'm not too sure that we should be helping you because it is possible that you could receive advice which although not directly conflicting, could be odds with each other in some way.

if you are receiving advice from a professional solicitor then I think that we will probably have to withdraw from this

 

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Well, it will a limited half hour conversation tomorrow. But that will be it, mainly it's to definitely get clear in my head that I am entitled to a refund before sending the letter. Will feed back what I can though. Modified slightly below:-

 

Dear Sir/Madam,

 

 

On xx/xx/xx date I entered into a contract with you for windows – reference the signed quotation number xxxxxx

The requirements were clearly laid out and specified in the signed quote attached to my e-mail of date xx/xx/xx.

Despite that you eventually supplied items which did not tally with the agreed specification. I have, and am asserting now, the right to reject the goods under the Consumer Rights Act 2015.  You appear to be saying that because the goods supplied were "made-to-measure" that you are not obliged to accept my rejection and to refund me the price; as such you are refusing to comply with your statutory obligations.

I have already tried to point out you that these goods were supplied not as agreed so in that respect they are defective. In any event I should also point out you that whatever the circumstances, even if you supply goods which are made to the agreed specification, if they are defective then I would be entitled to reject them.

You are continuing to refuse to reimburse me and so I'm writing to inform you that if you do not make arrangements to collect the defective items and to refund me in full within 14 days then I shall issue proceedings against you in the County Court for full reimbursement, plus any expenses incurred as a result of your breach, plus interest plus my costs.

Yours faithfully,

 

 

 

Tom Legerton

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Hi BF,

 

I've removed reference to the wrongly named company in post #24.

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Well I'm pleased that you are managing to get half hour of free professional legal advice. However, I think you should have started there first. You have had several hours of free legal advice on this forum from a volunteer team which has nothing to gain from any of it.
If your professional solicitor disagrees with what we say here then presumably you will go and make your own way – which is fine. We don't have any problem with that and don't think that is sour grapes. However, it will mean that the time and enthusiasm which has been invested here has gone to waste.

If you had gone to your free professional solicitor first of all you could have formed a view and then if you had come to us for help, there would have been no risk of this free resource being wasted.  We can scarcely cope with the workload as it is.

The Consumer Action Group isn't another piece of social media chat group. It's a serious legal consumer service which is run on the goodwill of its volunteers and has been going for almost 15 years and which can scarcely meet its expenses.

It may be that Facebook or a WhatsApp group would have been more suitable for you as a starting point.

I hope you get some good advice from your professional solicitor and if it chimes with what we say here then you can certainly continue to use us but for the moment I think we'll stand aside.

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