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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

fletch70

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Everything posted by fletch70

  1. fletch70
    Well first of all, do not confuse Labour with a rain party - they do not know which way is up at the moment. I also think, and have heard, while maybe they did vote leave, the type of leave was not a hard Brexit which will devastate their faming industry and if that happens the knock on effect . I do not believe, as Boris does, that the EU will roll over - if they do then that will be the break up of the EU as there are strong leave factions in other countries as well - Italy, Greece etc
  2. fletch70
    Are you getting confused with raw numbers and percentages. Remember in 2017 the turnout was 74.6 % with PC receiving 3.1% of the vote. In the recent by election the turnout was 59.6 with the margin of victory 4.5% so a greater difference than you may think. It is very easy to try to spin this as a win because PC stood aside but who knows where those votes went to and even if they all went to LD it would not account for the win
  3. fletch70
    I am not sure just how much evidence there is for that - both Tory and Labour lost huge numbers of votes In 2017 PC only got 1400 votes on a higher turnout and greens did not stand - you are assuming all PC votes went to the LD
  4. fletch70
    It would be really interesting to know just who switched votes, where did the swing to the Lib Dems come from and the same about Brexit. I suspect both parties gained seats from each of the two major parties. What it does perhaps show is that if there were an election before the referendum then unless the Tories and the Brexit Party split the seats, i.e Tories stood aside in some labour strongholds then the anti anti Brexit (as it stands) coalition could be formed. It never ceases to amaze me how partisan alignment has fallen by the wayside and how , in particular working class people vote for right wing parties - although I suppose when we look at history nothing should surprise me on a side note- if you haven't watched Years and Years on I player you really should - not only does it have the excellent Russel Tovey and Anne Reid in it, it is a stark warning about what could happen.
  5. fletch70
    Just thought I would update, Unite the union have now intervened although initially at a low level. They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved
  6. fletch70
    Sorry I thought I had answered this and I understand why you are confused. My understanding is that as far as he is concerned this is a compromise. On one hand he place a grievance against his manager for bullying; she made out several people had complained against him whereas in fact, she had gone asking specific questions which is not the same thing. There is enough evidence to at least make a claim to an ET but this is not the path he wants to go down. There is a lot more to this than what I have written for fear of identifying the company etc. He is also one of the few people to have refused to sign new contracts which would have led to a significant cut in salary (this is not because the company is struggling, it continues to make substantial and record profits). The manager is a complete control freak who displays psychopathic tendencies (this from a member of staff who is trained in psychology), so not the common view of psychopaths being deranged murderers but in the clinical definition- just as many lawyers or even successful business people are. He really isn't expecting gardening leave but at the same time, when they have allowed people to leave at times when it suits that individual (provable) without any consequences, it would be wrong to try and make one person a scapegoat. It doesn't help the manager has apparently been told to expect several more resignations in the coming months due to her behaviour (not by my OH I should hasten to add)
  7. fletch70
    As far as I understand it, he wants the leave date to be 30th August be that with gardening leave or without. Obviously if they offered gardening leave for the full notice period that would be snapped up but realistically that is a non starter. Leaving at the end of July means the loss of one full months salary which is not to be sniffed at. I have suggested making a GDPR request , not least as it will flush out if the manager has actually been talking to HR/head of Sales as claimed or if she is telling bit fat lies. I don't think there is any holiday outstanding and some will have to be paid back anyway due to it being used for a fully funded business trip/perk.
  8. fletch70
    Gets better Today he was told he can finish at the end of July to which the answer was of course if you pay me. They will I’ll struggle to argue a loss if they offered to let him go early. But I will pass on the messages
  9. fletch70
    This is an interesting point regarding the contract and terms and conditions. It is only available via work pcs and there is no possibility to download or email it. Frankly he is considering a bullying/discrimination claim I think but I cannot speak for him really. They have said they don’t recognise unions although he is a member of unite . He may just have to self certificate for a week although they only pay SSP great employers that they are.
  10. fletch70
    Hi yes thanks for the advice. I think they would struggle to justify lost revenue or costs when it is a national chain with multiple sites and a telephone operation.Quantifing loss would be almost impossible. They are points to take on board. In addition , the same store has just let an assistant manager go with 3 weeks notice and historically there are plenty of people who have not worked their notice with no comeback. There are are some possible options in the pipeline. As as for the exit interview it is a hard one, blantant sex and age discrimination . She appoints young women who tend to be more open to manipulation. There are no young men to promote because she doesn’t hire any
  11. fletch70
    Just a bit of background. My partner works in a national business and has been there for over 10 years and is one of the most senior people in his role and produces some of the highest sales. Over the last few years there have been a series of internal promotions, these have always gone to 20 something women . In addition, just prior to each promotion, my partner and another senior male colleague get called into the office and told they are not performing- therefore used as a reason not to promote. The day before he went on holiday , my partner was again called into the office and told his performance and attitude with customers was appalling and if it was up to her (the store manager) he would be disciplined. No evidence was given and additionally, he also has some of the best and most consistent feedback in the office. While on holiday he decided enough was enough and has resigned, he has given 8 weeks notice and the contact stiulates 12. The store manager has insisted he works all 12 and he is saying no he will leave at the end of August Questions, a)what if anything can they do? b) Come the exit interview should he tell it as it is? My head says leave when he says and make a small point but not both barrels Rant over
  12. fletch70
    Possibly because pencil is taking note of what you said in post 60 and if it wasn’t SB , reminding them of that is not a good idea. Mind you, if a claim form arrives surely that can be part of the defence. Pencil Non compliance with a S77 request only makes a debt unenforceable until they do comply. Being UE doesn’t stop them asking for payment. Also technically issuing a claim is not enforcement and certainly issuing a Letter of claim is not enforcement. I think you are flogging a dead horse with your complaint, indeed you are keeping the account high on their agenda.
  13. fletch70
    I am a tad confused. The DN was issued 15th August giving 28 days from the date of the letter - that would make it say 12th September for remedy. As the termination is 17th September- surely they have given enough time for remedy or am I missing something?
  14. fletch70
    Your employees should also have clear terms and conditions If they do not, I fear you could be heading for more trouble if you try to fire someone - an ET could increase the award if you have not followed procedure
  15. fletch70
    It might be interesting that Boris has been summoned to appear in court https://www.theguardian.com/politics/2019/may/29/boris-johnson-appear-court-eu-referendum-misconduct-claims This might damage his chances of the leadership - who knows how it will change. I think we are looking more and more likely to have a second referendum of some sort
  16. fletch70
    It will be fascinating to see if Farage has done it or if tactical voting has made a difference. It would be amazing if the remain vote was greater than Farage. By that I mean a coalition of LD green snp et al.
  17. fletch70
    Just because at the moment they will not provide the CCA Request doesn't mean you are home free. There are lots of possibilities, they may go quiet because they do not have it, they could sell it on, which might be good for you as the chain of assignment would become more complicated , they might continue to chase you , if they do there is not a lot you can do at this point. The only way they could return it back to Barclaycard would be if very specific terms in their sale agreement are met and unless you have the deed of assignment you can not tell what they are. By the way, when was this account opened and has it always been a barclaycard? I know for example a few years ago goldfish branded cards were sold to Barclaycard as were Egg branded cards before that
  18. fletch70
    My degree is in Health and Social Policy - or just social policy, hence the Masters in Social Research With regard to supplying confirmatory info to your creditors My view, which may be different to others, in that , so long as it is reasonable then supply it. There is certainly no need to provide a signature but they do have a duty to make sure they send the info to the right person however if they have been writing to you then I would reply saying something along the lines of 'As you have been communicating with me at this address for some time, you must be sure of my identity. If you are not sure of my identity please confirm so I can make a full complaint to the ICO about you sharing my data with an unknown 3rd party'. That kind of puts them in a catch 22 So if its full name and date of birth then yeah- address I am a bit more dubious about One of the problems with providing old addresses is they can then use that to recon the agreement in the hope that was where you lived when you opened the account. When my Ex died, I wrote to her creditors asking for copies of the agreements so I could pay the debts that were legally owed. One sent back a recon with the address where she died- well I know for a fact she hadn't lived there when she opened the account so they were screwed. Not that there was enough to pay them all anyway but it was one off the list
  19. fletch70
    I know you originally posted a while ago but I thought I would let you know my story. In 2011 I lost my job, was making token £1 a month to creditors. By 2012 I was so tired of it all I seriously considered bankruptcy - what stopped me initially was I didn't have the funds to do it. I had between 45 and 50 thousand pounds of debt Anyway I stared what I will call my unenforecability journey . I sent a CCA Request to every unsecured creditor (credit cards and loans), there were a few lets just say that. Some of the debt owners wrote back saying they couldn't locate the agreement and the debt was unenforceable - great Some sent back paperwork that was unenforceable ( this really only applies to accounts oped before April 2007) . I wrote back telling them what they had sent was tosh and to go away , most did. Others sent back what looked like good copies of the agreements I did what can only be described as blagged it , I didn't pay , told them there responses were non compliant , in fact to one (about 15K) I actually wrote and said if they thought they had a case go ahead and do me a favour, make me bankrupt. They didn't Now in 2019 my last debt has been statute barred for just over a month, I am home free. This last debt was an overdraft which it took them a while to default so for that one, to be safe the date of default was my statute barred date I learned a great deal over the last 7 years, I understand the complexities of consumer credit better than I did. I must say, one (Lowell) did take me to court but could not produce the default notice and I know one was never sent so they lost- that was £5000 and they were ordered to pay £2000+ costs - I had hired a solicitor on a fixed fee when it became clear they would not back off. By the way, I also went to University later in life, I graduated last year and am now doing an MA in Social Research
  20. fletch70
    I only asked because it seems to be a template letter sent out, I have received almost exactly the same letter; saying I could not have something I had not even asked for,, Keep the letter safe
  21. fletch70
    At least in my area today we only have the three choices, in fact for the Parish council, only the Lib Dems fielded enough candidates for all the posts. As for the nationalisation argument, it fails at every turn. While nationalisation of and state financial subsidies for an industry may need questioning, you most certainly can have nationalised businesses. Many European states have a nationalised rail carrier and Croatia has a nationalised ferry . They can however run alongside private competitors. Certainly when looking at Croatia, it seems to be the private ferry companies run smaller faster more expensive services while the state run slower larger cheaper ferries.
  22. fletch70
    If you haven't already done so I think a SAR (GDPR request) to Capital One is in order - that will confirm (or not) dates of default/termination/sale
  23. fletch70
    Does it look something like this but with your name and details in? This was all Lowells could produce for my DN which cost them dearly 92 CPR Response DN.pdf
  24. fletch70
    Without actually seeing it I can not be sure but a few more questions Does the first letter have a date by which you need to make the payment? If so when Is the amount they are demanding the full balance or just the arrears (on the first letter) If the letter is a S87(1) Default Notice then by my reckoning the debt will be statute barred around 31st August It should also contain a line about including an OFT leaflet (not FCA)
  25. fletch70
    Dx You said asking for docs is admitting it’s not SB that is complete tosh. At this point most defendants would not even think about it. Anyway from what has been said it is not SB and alerting them to the fact it’s 4 months away is asking for trouble. Surely you can see that

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