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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, and I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text. When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.    anyway, regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed. Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully and state I didn’t think it was safe and I had the best interests of business at heart and that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed. He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.    quite a shock. Anyway, I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct. I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record so I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all. Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Fatal Mortality

Incorrect charge amount on claim - help! *WON*

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Hi all,

 

Upon checking back on my statements, i found that Natwest had duplicated some months in the statements they sent through, to which i included in my claim amount. My claim went through, Natwest have entered a defence and i have received the paperwork form cobbetts. I thought i would send thorugh my schedule as per their request, but wanted to double check - and have subsequently realised my mistake. What can i now do? can i write to the courts and amend my claim - or will this now be thrown out? the money i originally claimed for didnt include interest, but since i recalculated, the actual charges equate to around £200 less than what i have claimed, interest would be more than this - so could i get away with it??

 

If there is anyone that could help me or point me in the right direction, it would be much appreciated.

 

Many thanks.

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Have NatWest raised the issue yet?

Did you include S.69 County Courts Interest at 8%?

 

Personally, I would leave it till they raise it, bear in mind it wont be going to court and therefore they will at some point offer settlement, no doubt with these charges removed. (which you should accept!)

 

If you are talking about Overdraft interest, then you should have claimed it from the outset, it is no argument for altering the claim.

 

You can alter the claim by filling in an N244 form and paying a fee of £35....but personally I'd leave it. I made the same error on my business claim, when they settled they merely deducted the charge I had included in error. Its your call:)

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Kate,

 

Thanks for your quick reply!

 

I didnt calculate any interest that my charges accumalated, and therefore only claimed for the exact amount that they charged me for (well at least i originally thought!).

 

Natwest havent acknowledged any mistake, all i received was the standard papers form cobbetts requesting further info and stating their defence.

 

Maybe i should just leave it and if the bank realises they can deduct it from my claim?

 

Thanks for your help.

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Hi FM

 

I saw you just pop into chat then leave, if you want to come back you'll get loads of help.

I'm wondering how come you are at this late stage without claiming County Courts Interest at 8%. Depending on the size of your claim this could be alot of money. Remember this is the interest that the court allows you to add to your claim.

In fact i'm wondering a few things now........did you do spreadsheets/schedule of charges? What did your N1 form Particulars Of Claim say?

If you have left this interest off, it may well be worth amending your claim amount to include interest.

 

Tell me more.........:D

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Hi Kate,

 

Looking back now, i didnt do enough research. I only discovered this website yesterday and there is a wealth of information i didnt know!

 

Basically, i followed the steps form the bbc website, just sent one letter to natwest, received a negative response and within a few days, issued a court claim.

 

I only sent natwest a copy of my statements, highlighting the charges - as i didnt know about creating a spreadsheet. I havent sent anything to the court or to cobbetts.

 

I also didnt know about the interest and subsequently just claimed for my charges.

 

on the particulars i put:

 

1. Between 04/04/03 and 02/06/06 the

Defendant debited numerous charges from the

Claimant?s bank account.

2. The charges are an unfair penalty under

the Unfair Terms in Consumer Contracts

Regulations 1999, because they are a

disproportionately high sum in compensation

compared to the cost of the purported

breach.

3. Under the law of penalties, the charges

are an unlawful ?extravagant? penalty.

4. The Claimant asks the court to enter

judgment in their favour for £1117.11.

 

as per what i got from another website.

 

im all confused now, and not sure what to do - so any advice would be very much appreciated!

 

Thanks

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Just an update to anyone who read this or are going through their reclaim; I received a goodwill offer on the 30/01/08 for the full amount that I claimed of £1117.11. As previously mentioned, I calculated this amount incorrectly and the bank didn't check this - not that I am complaining!

 

Even though my claim is stayed in the courts pending the test case, I received the goodwill offer through the post which I duly accpeted by Recorded Delivery :-)

 

I must say, I am completely suprised but of course over the moon with this result.

 

Just thought I would add this to my thread in conclusion of my claim.

 

Goodluck to all.

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congratulations


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations.

 

I've changed the thread title to add Won


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Congrats mate.

 

After reading this it makes me feel like I should continue my claim regardless of the test case thats currently ongoing.

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Thanks for all the congrats!

 

AKI: I couldn't personally comment on proceeding during the test case; however I do believe that payouts from the banks are inevitable, but we shall see...good luck with your claim.

 

I would also like to say thanks to all at CAG as if it weren't for all the other posts, success stories and help (Kate!), I would never have started my claim.

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