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  1. Good Morning I apologize if this isn't posted in the correct section. Long story short - my brother purchased a sofa from an online retailer, it was delivered cash on collection, couch was in 'boxes' - when opened the couch was badly damaged. Damage was reported within 5 minutes of delivery, the company ignored and blocked calls from my brother and have refused to do anything about it. We contacted them from a different number and managed to speak with someone who initially offered a refund less delivery (I quoted DSR - as this wasn't a return of unwanted, it was return of faulty) and they then backtracked and said the couch was 'shown' to the customer and they had damaged it. Fast forward a few well worded text messages back and forth - we get an angry call from who I presume was a manager or director - at 1st saying he'd refund, then maniacally changing his mind mid way and saying 'you haven't got a purchase order or invoice, you haven't got a leg to stand on - you haven't got any proof you bought it from us' - which I managed to record Now he's taunting my brother, he has made a few promised to collect and given several times - one at 1:30am and to wait up. He waited up and nothing happened. I am at a loss as to what to do - I have contacted Citizens Advice (as they have to hand over to trading standards) - but haven't had a response. Here is an email I have sent to citizens advice - it goes into a bit more detail, maybe a little ranty... My brother purchased a sofa from Luxuy Living Limited - which we discovered on Facebook. Their web address is: ll-uk.co.uk They arranged contact through one of the mobile phone numbers listed on the website, and delivery was made on Saturday 2nd April. Upon delivery, cash was paid. The sofas came in 'boxes'. The delivery agent briefly broke apart a section of one of the boxes to point at fixings to explain how they clasp together. All seemed well, the drive left and the couch was 'unboxed'. We discovered damage immediately to one of the couches - and made contact to all of the mobile numbers on the website. This was literally within 5 minutes of delivery happening. After being unable to speak with them, we sent some text messages which were not responded to - and further attempts to call were unsuccessful. My brother called me to speak about the problem - and I attempted to call and was able to get a response. It would seem they blocked calls from his number. I'm a little more savvy and wrote a number of constructive texts explaining their obligation as a business - and have received a number of responses. Initially they said they'd refund minus delivery costs of £70 - which I explained was in breach of DSR as we are not 'cancelling' the order because we don't want it, we are returning because it's faulty. After I challenged this, they claimed the couch was unboxed and shown to the customer - and the damage had been caused by them. I challenged this and asked if they had anything signed or any photos to show this - as it's unlikely that they'd cause a manufacturing defect within 5 minutes of delivery. A few more texts back and forth and they made a promise to refund on Sunday 3rd. They waited in all day on the 3rd - nothing happened. By now we'd been back and forth with texts - and received a phone call from an angry gentleman who I believe was the business owner - we recorded the last minute or so of the conversation. He said he'd sort it, and it would happen later on Sunday night or Monday morning, then in the same breathe told us that we didn't have a leg to stand on because we didn't have a purchase order or an invoice. After explaining we have phone records and a raft of text messages discussing the sale and refund from a number listed on his website - he laughed and said he'd change numbers. We have screenshotted data from his website. We are getting absolutely nowhere and this company has behaved despicably.
  2. Short Question Can I seek a refund from my credit card company for items that haven't turned up? Would this be under Section 75? Long Question I ordered a new guest bed from beds.co.uk last week. We need it for this coming weekend as we have people coming over to stay in our new house. Beds.co.uk require that you book a delivery date online with their delivery company Premier Delivieries (based out of the same address) once the order has been paid for and processed, which I did within 20 minutes. Although they offer free delivery for a weekday, for a Saturday delivery you have to pay an additional £9.95 (via paypal). After paying my additional fee and selecting Saturday 2nd April for delivery I waited in all day, to find the bed hasn't turned up. I half expected this as after stumbling on some bad reviews under their other name Furniture Italia, I discovered that a lot of people have had items not turn up on the correct date. I even tried to contact them earlier this week to confirm delivery however they never answered the phone. As I've spent over an hour and half today phoning them and their delivery company I decided to look at way's to get my money back. There's stories online of cancellation fees being charged and refunds taking weeks to appear. As I paid the £230 for the bed on my Halifax credit card (Through a payment processing page / not paypal) can I approach them for a refund? Can I claim for this under section 75 as the item hasn't turned up? Thanks Scott
  3. Waitrose Online Shopping:- Do they give a stuff about your refund for an unsuitable returned item? I think not and you won't get a refund easily if my experience is anything to go by. Is this Company Policy or is it the Store Manager who can't or won't manage? I made an online order which arrived in early February, an item was substituted I was offered 2 salmon fillets instead of the 4 that I had ordered. I refused the substitution as we are a multi person family, the driver told me I would get the substituted item credited back within 7 days, (£5.99). This did not happen, I contacted Customer Services via email, (I always do everything in writing as phone calls are easily forgotten), they said the refund would happen within a further 7 working days and they would contact the local store. Another 7 days; nothing! I again contacted Customer Services (the same agent) by email they said they had contacted the store who would credit my card withion 5 to 7 days and the Store would email me confirming that. Guess what? Nothing! So, one month from the initial order delivery, I made copies of my order, my emails and my card account and went out of my way to the Store and explained the issue to a Customer Services Supervisor who then refunded me the £5.99 in cash, plus £15.01 for my expenses, i.e. paper ink, diesel and my time with a "Sorry" She took all of the paperwork from me and said I would probably get a phone call from her manager to find out more. Have you guessed? No I didn't! I honestly believe that if I had not chased them, I would have had £5.99 appropriated from me with the apparent intention of permanently depriving me of it. There has been more than a little negligence in that way they have dealt with my money but at what level? So to date I have been refunded my costs, (barely) and a verbal sorry from a supervisor, nothing else. What did I expect? At least a verbal or written apology and explanation from the Manager as to why the Store failed me. So, no more online shopping because I can not trust Waitrose to do the honest thing without a fight or the right thing in hindsight. Can you? There are other supermarkets out there.
  4. I purchased a Diamond Engagement Ring from Vashi.com online and paid the full amount of £2,464.05 on 10th July 2015. I proposed to my partner with the diamond ring on a holiday to Barcelona. I went to great expense to get everything right,*which was very important to me. We stayed at a 5 Star hotel in Barcelona, I hired a table on a secluded veranda overlooking Barcelona, hired a Mariachi band who were playing a serenade where I proposed with the ring I had purchased from Vashi.com. Everything went and seemed perfect. On our return from Barcelona we asked Vashi.com to alter the size of the ring as it was too big and to upgrade to a different stting design, which we chose in person at the company’s London shop and paid a further £301. I received the amended ring at my home by registered post on 12th August 2015 and signed for it. The Engagement ring was given away to my fiancée as a gift at the blessing ceremony on the next day 13th August 2015. Vashi.com telephoned me on 18th August (7 days after I received the ring) checking if I have received the ring because their system showed that the ring is still in the depo and during their stock check they suspected an error. Upon my confirmation of receipt of the ring Vashi.com expressed the suspicion that I may have received an incorrect item and asked me to send our Engagement ring back. To cut a long story short we refuted their claims believing we had our ring we paid for. They then accused us of retaining a ring that did not belong to us saying that another customer wanted their ring back, giving us an ultimatum to return the ring or pay an additional £1000. Also the so called diamond certificate is not a certificate (has no number on the diamond) and is indeed their own appraisal. They have harassed my fiancee and I since and now have issued a claim in court against us! Any advice? surely this must be a breach of our consumer rights. We are in court on the 16th March 2016.
  5. If you put an application online surely the same info is given to get you to tick that particular area of a form yet one of the big banks is saying that they dont have to pay anything as it was completed online. Can someone let us know if this is true. You can be misled online as well as person to person dont you think
  6. Is anyone aware of this yet? >> https://www.gov.uk/government/speeches/family-justice A total of 36,527 cases contain a version of Form E filed from these periods. HMCTS staff have now reviewed all these cases and found that 3,638 files – 10% – contained the faulty calculator version of Form E with an incorrect figure for net assets figure in the summary table. 1,403 of these cases are still live, allowing HMCTS to intervene immediately to clearly flag these cases to the courts in order to avoid the error affecting the final orders in these cases. Written statement to Parliament Family Justice From:Ministry of Justice and Shailesh Vara MP Delivered on:21 January 2016 First published:21 January 2016
  7. Hello, I need help with an online money claim , background to story, Leant a friend £1000 to be paid back in january Communication has broken down, and no offer of payment received or any response have sent him a letter yesterday with 14 days notice to either repay or take it to court, it was a verbal agreement, but i do have a recording where he admits he borrowed the money with intention of paying it back i also have text message, with his account details and saying thanks for helping. and the proof from the bank transfer, how do i word the particular of claim ? is it called that Many Thanks
  8. Last Sunday night I paid online my mail order shopping bill. When I then tried to pay my BT phone bill my payment was declined by the bank. This morning I called into my branch to try and sort this mess out and they wanted me to ring the bank's fraud number. When I asked for help off the bank staff with this phone call I was told that they're not allowed. Although I'm not deaf I do suffer hearing problems and I walked out. How do I sort this so called 'fraud' out without using a telephone? I haven't had any letters regarding this matter. All this fuss is because I tried paying my phone bill late at night! Sheila
  9. Hi I just wanted to ask if anyone has used the PPI claim complaints page offered by Barclaycard to make a PPI claim? They have an online form and an option to print out a large PDF form to fill and send. To me there seems to be a large number of questions they are asking including employment status at the time etc, which I can not see the relevance of. If anyone has used this I would appreciate it if you can let me know of your experience,
  10. I deposited some money to an online trading account who have an operations in the UK. This was about 7 days ago and i have come to have some reservations about the company. I am trying to withdraw my funds but according to their system they charge a £25 fee for withdrawals. Do i still have a penalty free option for 14 days using such a service or am i liable for the fee.? Not sure if this is in the right part of the forum but any advice would be useful.
  11. Ive received a county court claim from merligen investments for 330.00 plus interest and costs i have never dealt with them or had any Letters from them. ?? payment demands or default notices!!! Close inspection of Credit File seems it may be in connection with a shopacheck account but cant be certain. (Read a post sonewhere on here that was merlingen/shopacheck) Shopacheck account as far as i believe opened 24th December 2012 330.00 paid in full acc balance 0.00 updated 19/10/2013, old address placed on the record. looks good to me same as C-File. so checked merligen out, DCA who BUYS DEBT merlingen account opened 27/12/2012 balance on account 330.00 updated 21/4/2014 address on the record is my new address. The money claim online papers state; Balance due in full under agreement Defendant had an agreement to make monthly payments for acc xxxxxx4411 but failed to do so interest 26.40 court fee 3 LR 50.00 TL 441.40 huh what and who the hell are they??? anyone dealt with them? ????? so do i raise a dispute on Credit File and defend the claim on the basis "have not a clue who they are" dispute alledged balance. "I DO NOT OWE IT"
  12. Barclays- SAR and CCA? Dear Cagers, As mentioned in another post I have 4+ debts which I desperately want to sort out ASAP. I want to start with Barclays and I will rely on your amazing help I have seen you have given to other desperate people. Please be aware that I am very inexperienced in dealing with creditors, DCA etc... The situation: Barclays current account: Opened 11-12 years ago. I use this account to transfer £4 each month from another account to be able to pay my debts -£1 to each of 4 debtors. This is including paying £1 each month to my Barclays unsecured loan (£1 payment agreed in 2013 via CDCS)... My account is in ‘working’ condition but I can see online that my address, telephone number and e-mail are marked as unknown –I guess they have found out that I don’t live at the last address provided to them. My e-mail and the telephone number have not been changed though but they have deleted them from ‘my details’ file... Barclaycard- Credit card: CLOSED by Barclaycard years ago (opened around 2004-2005,closed-unknown when and why). Never had any late payments etc.. . I have overpaid £10 to the card and never received them back. No documentation with me to prove that but I am sure about the above. Barclays Unsecured loan: Information on Noddle about my unsecured loan: Barclays Bank Plc Account start date: ‘Summer’ 2007 Opening balance £ 20,000 Regular payment £ 385 Repayment frequency :Monthly Date of default: ‘Summer’ 2010 Default balance : £14,000 Currently owning : under £13,000 Originally taken in 2007 for £20K as far as I remember to be repaid in 4 years-maybe 5 years!?. I was supposed to pay £385 a month. I paid £385 a month for over 2 years until November 2009. I applied for the loan online through my current bank account online page and I remember that the money was transferred very quickly to my Barclays current account. I don’t have any paperwork of terms & conditions or signed agreement. I am not sure if I was provided with any anyway. Maybe I just ticked these as ‘read’ online without reading them to be honest. The loan was spent on an unsuccessful business. In October 2009 I became very ill and had to leave the country for treatment. I did not pay anything to them for around 6 months while abroad in hospital. I returned to England in June 2010. I discussed with them my situation (conversations over the phone) and was paying them reduced payments (as much as I can) but they did not agree to reduced payments and did not care and kept adding fines and fees. I don’t remember receiving anything in writing from them-most of the conversations were happening over the phone, any correspondence I might have had is lost. I received a letter from CDCS (Central Debt Collection Services- Parent Company: Barclays Plc. Information about them here : http://www.humberdebt.co.uk/help-with-central-debt-collection-services-debt-debt-management-and-debt-advice/ ) in 2013 agreeing to my £1 monthly payment offered to them. Prior to that I was paying them higher amounts. After that I never received anything from them, then I moved address and never contacted to update address as I did not have a permanent place of stay. Please give me advice what to do? I guess once I provide them with an address they may issue CCJ (non registered yet on Noddle)... I remember taking the loan but I have not got any documentation etc.. . and have not got a clue how much fines , interest and charges they have added to my unsecured loan. ..Is the right thing to request SAR and CCA to Barclays? I think that it is necessary to recover all the information (statements, charges, interest, ppi and other insurance, applications, correspondence for loan, credit card and current account, telephone conversations) before discussing any repayment or settlements with them? Will SAR provide me with statements for my current account as I will need these for proof of payments for different debts as well? https://www.apply.barclays.co.uk/forms/subject-access-request?execution=e1s1 Do you suggest to apply via post or using their online system above? Do you think that the best is to close my Barclays current account first and then start communicating about the unsecured loan with them? Is it true that once I have requested SAR and/or CCA there is a big chance interest and fines to apply to my account again and to be asked to pay more than the token monthly payment? Your help is much appreciated.
  13. Do you need to check when you may be due to change from Disability Living Allowance (DLA) to the new Personal Independence Payment (PIP) if so use this online tool to find out. Please see the link on this see here >> https://www.gov.uk/pip-checker/y Follow this link >> https://www.gov.uk/browse/disabilities/benefits to find out if you could claim any other benefits or for further information or if you can receive any other financial help...
  14. Hi, Last month, I placed an order with a company called NutriSun. I brought 2x iron tablets, which came to roughly £13.00, making me eligible for free delivery (on orders over £10.00). The following week, I received a delivery card from Royal Mail stating 'not enough postage' on the package - so I had to pay £1.50 to receive my order, as NutriSun hadn't paid! Finally, when the delivery did arrive, it turns out they only sent 1x iron tablet instead of 2. I wrote several emails, and also called them several times over the next few weeks, even letting the phone ring for half an hour on one occasion. No response, no callback, nothing. I've received absolutely no response whatsoever. I realise this is a 'small' issue but the principle is shocking. This is theft, and surely a company guilty of this should not be allowed to trade? What can I do in this situation? Thanks
  15. Can admin please put this in the correct place for me.... This morning I went to my online osyter account to add some pay'n'go funds. The TFL website only allows you to add £50 at a time, so wanting to add £100 I went through the procedure twice, but the 2nd time around the TFL website said the transaction was unsuccessful. Not paying too much attention to the the reason why the transaction didn't complete, checked my bank account and thought ok so only a couple of quid there so thats the reason. I then transferred more funds to my bank account and tried the TFL website again, and again the transaction was unsccessful. The reason being is that they only allow you to add £90 pay'n'go funds. Checking my bank account again I noticed that again there were insufficient funds so I call my bank only to find out that TFL had taken 3 x £50 from my account event though only one transaction shows on my oyster account. I then called TFL only to be told that the last 2 transactions were in a holding account and would be refunded in 2-5 days. So it appears that TFL have a system in place that will seek authorisation from a bank for a transaction and then TFL will check and see if that transaction then meets its transaction criteria, if it doesnt then they will then refuse the payment, but only after it has already taken it. Surely TFL should be checking to see if your request to add funds/tickets to your oyster meet with their critiera prior to requesting authorisation for a payment from a bank/credit card. If you have already added £50 surely if you try and add another £50 their system should say "thank you but the max you can add is £40" rather than continually keep taking funds. I think this sucks and want to raise a complaint but where do I start?
  16. Hi There, we have bought a coffee machine for £559.82 inc delivery&vat and it is not what we want for our particular purpose , and we called back as soon as it arrived to for return arrangements but just been ignored.. you can see the invoice attached . so what i did started the money claim online process, i have attached screen shot of the claim page and the mail they sent me after receiving the court order.. we have sent the machine back and still not giving our money back. any advice , what should i say next or do please ? Thank you so much to all of you for having such a place and the time to help us who in need help . Regards Bill
  17. We really need some advice. My wife received paperwork from MCOL concerning a debt with Lowell's. The original debt letters said Lowell were representing Marbles. The debt I think was defaulted early 2009 (could be earlier) so it would now be statute barred but Lowell added a default to my wife's credit records March 2010. I am unwell and disabled and my wife sufferers serious mental health problems and is epileptic we really don't need to be dealing with the courts on top of everything else .I responded and entered a defence for her 7 weeks ago based on the fact the debt should be statue barred. We have received a letter a month ago from Bryan Carter acknowledging the defence no other correspondence has been received. The debt is pre 2007 the contract was was made with Marbles 2003. How long do they get to respond to my wife defence? and because she has not acknowledge the debt does this mean it will go to county court? neither of us are well enough to attend court. Its very worrying having this hanging over our heads the only money my wife gets is carers allowance.
  18. On the 6th of November my son ordered a moped online from a company called thescooterbox.com. He received an email asking him to do a direct bank transfer to a Lloyds bank account. Unfortunately it did not occur to him that this was not a normal process when ordering goods online. He was then informed that delivery would be three to five working days. A week later he had still not received his order when he tried to contact the company there was nobody answering phone calls or responding to emails. Now the website is down and I feel that he has been [problem]med for a total of £650.00. I have logged this with the police fraud department and was wondering if there is anything else that can be done to try and get his money back. Any advice would be much appreciated. Regards Kim
  19. Hi, I have recently left an honest low-scoring review on TripAdvisor, to which the restaurant responded by providing the exact location of my work, along with my job title. As I am the only person with this job, I can easily be identified. I flagged the restaurant's response for this reason and it was deleted. However, the restaurant immediately re-posted and, as TripAdvisor approve anything and everything, they have allowed it on to the site once more. Are the restaurant legally allowed to reveal my personal information, which I have not given them permission to provide, online, or am I able to take legal action?
  20. On the 2nd of October 2015, I placed an order at www.xldata.co.uk for some marketing data. This was a personal purchase and was made under my name and using my personal home address. However, in error, I entered my work email address into the form. The company emailed me the data to me on 5th October 2015 and included an invoice which was due for payment within 7 days. I noticed that the invoice had the name of my company on it, albeit, the other details were correct (my name and home address) and because I didn’t foresee any issues with the purchase, on 11th October I made payment via BACS to the details provided on the invoice from my personal bank account. The total sum being £948.00. On the 12th October, I received an email from the company advising that payment had not been received – I advised the company that I could see the payment had been made and that they should expect it over the next couple of days. Over the coming days, infact every day, the company emailed me (the same person – Mr Clive Brown), advising payment hadn’t been received, I confirmed time and time again with my bank that it had been sent, however, there was a question about the success of the transfer that was raised by one person at the bank who advised usually a confirmation message is seen by the sender to confirm payment had been received successfully by the recipient, this was not present for this payment – the bank began to look into the payment. On 20th October, after a barrage of emails and phone calls, which got increasingly curt in tone, I emailed the company advising that I would like to cancel the purchase and confirmed I had not used the data and it had been deleted from my computer. The company refused to accept this. On the same day, I received an 2 emails from Mr Brown advising that he was to instruct his solicitors to commence legal action, not against myself, the purchaser, but against my employer, when I questioned this and reiterated that my employer had nothing to do with the purchase and that in any case, I was not an authorised purchaser and furthermore no purchase order was generated by the company, this was ignored. On 21st October a letter before action was issued to my employer. I have repeatedly sent proof of initial payment (screen shot of online banking statement) and advised again and again that this was a personal purchase, but the company continued to proceed and finally made direct contact with my employer where they forwarded all emails and correspondence from myself and made a demand for payment, threatening legal action through the county court. On 28th October, I received a phone call from my employers CEO, who was understandably, very angry, demanding to know why I had ordered data under the company’s name – I clearly explained I hadn’t and that it was a personal purchase, in his anger he demanded that I had 15 minutes to get rid of my employers liability or I would be asked for my resignation. Clearly, only being 3 months into my employment and totally taken back by the whole situation, I called Mr Brown, under the supervision of a member of senior management and paid another £948.00 by debit card, I also reminded Mr Brown that I didn’t have the data and that it had been deleted. To additionally clarify, there are no terms and conditions at point of purchase on the website at all, or on the invoice. My questions here are: • I do not want to continue with this purchase – my experience has been appalling • I have suffered great defamation of character at work and loss of trust and respect from my employers/colleagues • My personal affairs/information/purchases – my data – have been shared with my employer without my authority. Ultimately, I want my money back and the purchase cancelled – I am now £1,896.00 out of pocket, with nothing to show for it apart from a damaged reputation and my employment at risk.
  21. Hi all, hoping someone can advise on this please! I have been ordering clothes from an online retailer for around five years now with no problems. On my last order I returned some of the items, only to then receive an email from them saying that one of the items was damaged so they won't be refunding me for that item. I immediately told them that the items were fine when they left me, so they must have been damaged in transit, but despite numerous emails they are refusing to accept that they could be responsible and simply repeat that the item was damaged when returned to them, so it is my fault, so i am not entitled to a refund. Usually their items are delivered by DHL in a nice strong box, however this particular order was delivered by their own in-house "premier" service which I haven't used before (they were offering free premier delivery at the time), which means that it was delivered by their own driver, and the items were simply bundled into a cardboard carrier bag, not protected in a box. So they could easily have been damaged in transit (for example some items were on hangers, others were just wrapped in tissue paper and could have easiy snagged on one of the hangers). But I have no way of proving that they were in fine condition when they left me - it seems to be my word against theirs. I have been a loyal customer of this website but all they say is thank you for your custom, sorry for the inconvenience, but the item is faulty so we're not refunding you. Do I have any rights at all? Seems pretty strange that an online retailer can just claim that items were damaged and you have no recourse - particularly when it is their own delivery service so you can't claim against the transit company. Grateful for any advice please!
  22. Hi everyone. Ordered asda groceries as always, they didn't turn up yesterday. 40 minutes later I rang up they said they said it had been cancelled reasons unknown. They promised the local store would ring me back to try and squeeze it in that day, as payment had gone through. Checked online banking and confirmed they had taken payment. Didn't ring me so I rang them, they apologised, said they would send shopping tomorrow. Got shopping today, however they have taken money a second time. Delivery driver said loads of orders got cancelled yesterday for same reason. Phoned asda, they said if I get the authorisation number and fax number of NatWest, they will fax them so I can get an instant refund. Otherwise the money is held temporarily for 7-10 days. NatWest gave me the authorisation code, but won't provide a fax number to the public and say their mechant provider (streamline) has the fax number. Phoned back asda, they demand fax number, I merge them on a new call with NatWest, who put me through to card errors deparment. Natwest now say they cannot even act on a fax, it is completely asda's fault and up to them to get me my money back. Asda will not do anything without this fax number. Their manager just went round and round in circles. They will not let me go into the store and have cash or do me a bank transfer. They say after 7-10 days I would have the money twice. At the end of the day, I am out of pocket by £76. It is a weekend we are supposed to be taking the kids out today. We are now stuck. This is absolutely unacceptable I have to wait for this long banking process to resolve itself. Asda will not provide any sort of goodwill gesture. Surely there must be something I can do to get these funds quicker. Why should we have to suffer? I have recorded the entire call (over an hour plus 6 other calls totalling another hour) its quite comical to here how this manager, asdas highest point of contact, is so simply minded. If I went into a shop and made the mistake of not paying for the shopping, then promise to pay them in 10 working days, they would insist this is stealing. How come it is acceptable the other way round? Sorry for the rant I am livid right now. Does anyone have any advice? Thanks so much
  23. Hi there, I am new to this and would kindly welcome some advice if anyone could help? I'll keep it brief and to the point. Work for global corporation, my head office based in UK. Employed by this company for nine years, no complaints at all. Had various directors, regional managers and line managers over these 9 years. Company was restructured late December 2014, I inherited a different regional manager and line manager in January (both who work in a different division and have no knowledge of the job I do, regional manger been there for at least 7 years, line manager only promoted to line manager in January 2015, previously same job spec as mine only different division). Was given a complete new territory in January unannounced (had been consultant for a different territory for over three years and built up good trust and sales with these customers). Regardless, went out and done my job, hit my sales target in January despite the whole territory being new. Two weeks into February had a conversation with my new line manager who was enquiring why the mood was so low in our team ( a team of ten consultants) and I had offered a suggestion that "maybe the constant negativity wasn't helping" . I said this as we had all received a barrage of negative emails and phonecalls from said line manager, and everyone was moaning about it, seen as we were a new team that had been put together in January, me being the longest serving employee out of the whole team said what I said. The day after, at 7.30pm I received a friendly txt from line manager asking if I could meet him the following day to have a chat about figures, I agreed as didn't think anything of it, went to the meeting location the next day, was invited into a room by line manager, next thing regional manager walks in (unannounced) asks me "do you know what youre here for" when I replied "it was my understanding I was here to have a chat about figures with line manager, he said "no, youre going to pick your way to leave this company". He said "you can either resign, or I will make your life hell and make you leave". You have until Tuesday the following week to decide. I told him after a barrage of abuse from him, I wasn't resigning. The next morning the abuse continued, wont go into detail just now but will if anyone wants to know the details, just want to get the main points out just now. The next day I met with HR as I was disgusted at what had happened and told HR everything that had been said and proposed etc. HR (after hearing my side of the story), two days later, they wrote back saying they had spoke to both concerned and that they had all agreed that they would all meet with me to have a discussion. I was horrified at this, I had been duped into a meeting were it was a 2 vs 1 scenario, no witnesses, was totally bullied and intimidated, no witnesses, and HR wanted me to meet with them again under the same set up, ( HR are supposed to be impartial but in our company they are not). Before this week came around I was that ill after the original meeting, had nearly crashed my car on a busy motorway after suffering a severe panic attack, more followed, that my GP signed me off work and prescribed anti anxiety medication. To cut a long story short, I raised a grievance, it was heard by same HR I had spoken to initially and another manager who offered me a "new position" when accompanying me down in the lift out of the meeting room once the grievance had been heard, I said nothing. It took them 5 months to conclude the grievance stating time out of office and work commitments. When the notes came out it was clear that both managers had colluded, also my notes were missing, when I asked about these, they then sent a diluted version of my notes, when I asked them that I wished them to be amended to what I actually said, they thanked me for the ammendum but stated it wouldn't change anything. They also added parts to my grievance which were not included, to absolve themselves I guess. My post was on a recruitment site straight after (I know this is not against the law but trying to give an insight). None of it was upheld. The two investigating, made the conclusion. In between the grievance conclusion and me stating I wished to appeal, the person I raised the grievance about was promoted. The Grievance appeal was heard by same HR person and finance director, was cut short as they had a flight to catch. I was then sent the notes of said meeting, it was so heavily diluted that anyone who didn't know about it would have a hard time working out what all of the fuss was about, my witness emailed their notes, after that, although a conclusion was promised by the end of last week, straight after my witness submitted their notes I received a "without prejudice" email asking me to accept a paltry amount of money. I would gratefully accept any advice on what to do next, if anyone has any questions please ask, I just tried to keep this post short (ish) and to the point. Thanking you all in advance.
  24. Hi, Don't know if this is the right place to post, so apologies but we are in need of help defending against Shoosmiths. They have issued her on 16th Jul from Northampton Business Centre a Court Claim on behalf of Nationwide. The debt was a couple of years old and I luckily came on this site where you gave suggestions to others to ask Shoosmiths for a CPR 31.14 request because we have no documentation on the debt. ------------------------------ I have issued a formal request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the Particulars of this Claim: 1. The original agreement and terms and conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The default notice alleged to have been served upon me, together with proof of service 3. Evidence of how the balance claimed has been arrived at 4. Notice of Assignment. None of the above have been issued to me previously by Nationwide Building Society or Shoosmiths LLP and if this claim is to move forward the above have to be addressed. I have given Nationwide Building Society and Shoosmiths LLP 7 days to comply in writing with the above documentation. ------------------------------ This defence was recieved by the Court through Money Claim on the 19/7/2015, we then recieved a letter from Shoosmiths dated 24th July. In it they state that they have no provision to attach agreements to the claim, therefore this is not a requirement for the Claimant. They then state 'By virtue of the Civil Procedure Rules Practice Direction 7C at paragraph 1.4(3C)' They state '(3C) The requirement....for documents to be attached to the particulars of Contract Claims does not apply to claims to be issued by the [County Court Bulk] Centre, unless the Particulars of Claim are served separately..." I have looked onling https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07c and cannot see this wording at all. Shoosmiths end by saying 'In relation to your comments regarding disclosure, we would suggest your request for disclosure was premature. We refer you to CPR 27.2(1)(b) They go on to say they have requested further documentation from Nationwide, which is yet to come. They say in the letter they provide an Income and Expenditure form and envelope, which there is no sign of. I replied back to Shoosmiths telling them this and they have replied again, recieved yesterday. They give an I&E form but also say that they have written to the Court saying that the claimant wishes to proceed and can they move it to our local County Court. I have tried to stop this again with a counter claim online, but cannot. Shall I send a defence letter to Northampton, do we only have till the What can we do? are Shoosmiths correct in their dismissing the documents before we go to Court? Any help or guidance would be really gratefully recieved. Thanks
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