The Army Rumour Service - Law http://www.arrse.co.uk/ en Wed, 22 May 2013 09:22:41 GMT vBulletin 60 http://www.arrse.co.uk/images/misc/rss.png The Army Rumour Service - Law http://www.arrse.co.uk/ Dodgy fuel at Frankley Services M5 Southbound http://www.arrse.co.uk/law/199115-dodgy-fuel-frankley-services-m5-southbound.html Tue, 21 May 2013 18:21:38 GMT Evenin' all,

So, I was driving a group of us down to Cheltenham on Saturday and we stopped at Frankley Services to fill up. After about 10 mins, the car (my missus' Mini, an automatic) started to lose power and a warning light came on the dash. We reached our exit fairly soon and pulled over to give the engine a rest. Long and short of it, the rest of the journey the car lurched, shuddered and stalled every time we slowed for a junction or roundabout. I called out the Mini breakdown guy and he diagnosed something to do with a sensor which he replaced. However, 7 hours later when we went to use the car again, it behaved the same way. As it was now nearly midnight, we limped back to our hotel and called the breakdown guy the next morning; he diagnosed the same fault again so said there must be something wrong with the main computer. He got the car returned to our local Mini dealer and we got a hire car. Now, here's the thing: the Mini dealer's service department did a full diagnostic, better than the breakdown fella could do and as part of the testing drained the fuel out of the tank. They tell me the fuel smelt funny and looked slightly weird ( I'm paraphrasing here) and once they had put clean fuel in and changed the damaged spark plug, the engine was fine. They are telling me that the fuel was contaminated, although they have not tested to see what with but they did confirm I had not accidentally put in diesel. As it was not a manufacturing fault, I have been hit with a repair bill of £342. I contacted Frankley Services and they told me that they have not had any other complaints about the pump I used and that they had served 62 customers some 1700 litres since I used it so they feel they are not to blame. What do I do?!! I want to publicise this somehow so if anyone else had experienced similar but not connected it to Frankley then there would be more evidence. Trading Standards have made a note of it but I am told that they probably won't investigate until they have had about 10 complaints. Apart from the usual NAAFI Bar answers, any ideas of how I can claim my repairs expenses back would be gratefully received. ]]> Law airforceone http://www.arrse.co.uk/law/199115-dodgy-fuel-frankley-services-m5-southbound.html Advice on Pension v Medical Discharge on divorce http://www.arrse.co.uk/law/198559-advice-pension-v-medical-discharge-divorce.html Thu, 09 May 2013 13:55:37 GMT Hi, I need some advice please. My partner is currently got 10 months to go from his 22 years, he has signed off and is currently on resettlement. ... Hi, I need some advice please. My partner is currently got 10 months to go from his 22 years, he has signed off and is currently on resettlement. He has been told he may be PAP10d due to medical reasons. Does anybody know if his ex-wife will be able to claim any of the settlement/compensation if this happens. We were prepared that she could claim on his lump sum and monthly pension in the divorce, but we're not sure if she can claim these if he is medically discharged?
Thanks ]]> Law roserae http://www.arrse.co.uk/law/198559-advice-pension-v-medical-discharge-divorce.html Car insurance chasing me for money http://www.arrse.co.uk/law/198533-car-insurance-chasing-me-money.html Thu, 09 May 2013 08:34:30 GMT Last September I took out a new policy on a cheap run around car, when I moved in October they advised me there would be an additional premium of... Last September I took out a new policy on a cheap run around car, when I moved in October they advised me there would be an additional premium of £99. I agreed to it, they told me that they'd take the extra payment and I thought that was the end of it. In April I cancelled the policy, they told me there was nothing to pay and sent me my no claims bonus. Now they are saying that they failed to take the £99 but they will cancel all but £37 of it. I've told them that it's not my problem and its their cock up so they should swallow the loss. But I wonder if they are entitled to take the money or if its a fishing trip? ]]> Law Robbo5833 http://www.arrse.co.uk/law/198533-car-insurance-chasing-me-money.html Anyone opened a bank account in the Republic of Ireland, but signed forms in the UK? http://www.arrse.co.uk/law/198531-anyone-opened-bank-account-republic-ireland-but-signed-forms-uk.html Thu, 09 May 2013 08:22:21 GMT For business reasons I need to open a Euro account in the RoI.

I've been trying to find a bank in England that has a tie-in with an Irish bank so that I can sign the forms in England, saving a trip to the RoI.

I just can't find a bank that can do this, so would appreciate a heads-up if anyone has been down this road before.

TIA

B_B ]]> Law Bravo_Bravo http://www.arrse.co.uk/law/198531-anyone-opened-bank-account-republic-ireland-but-signed-forms-uk.html Full Financial Disclosure http://www.arrse.co.uk/law/198504-full-financial-disclosure.html Wed, 08 May 2013 17:40:50 GMT Jesus, will this ever end? Right... I got DIY divorced a year or so ago and have finally thought about getting a clean break with my ex (7 year... Jesus, will this ever end?

Right...

I got DIY divorced a year or so ago and have finally thought about getting a clean break with my ex (7 year marriage, 2 children)

We have been struggling to come to a reasonable agreement between ourselves (trying to protect my pension). Lately though I have had a break through and we have managed to agree an amount I will pay to her to keep her off my pension.

I have contacted a solicitor to write up this agreement between me and my ex, she has emailed me back asking if we want to do a Full Finiancial Disclosure. It costs an extra £180 an hour to discuss etc etc. Do I need to get one if me and the ex have agreed between ourselves an agreement and will a court accept it?

If you need more details just ask.

Thanks in advance ]]> Law andrew1981 http://www.arrse.co.uk/law/198504-full-financial-disclosure.html Employment Law http://www.arrse.co.uk/law/198490-employment-law.html Wed, 08 May 2013 14:10:58 GMT My house mate is facing an interesting problem. She works for a well known pub chain and has suffered bullying at work from various staff members.... My house mate is facing an interesting problem. She works for a well known pub chain and has suffered bullying at work from various staff members. The straw that broke the camels back was a fellow staff member sending her a message claiming he is going to kill himself followed by a picture of him holding a knife to his wrist.

This chap had previously suggested similar and she had reported that to the management of her pub alongside other concerns about individuals who have verbally and on occasion physically abused her (excessive pushing and pulling no fighting or sexual abuse). However because of the nature of the messages she received she phoned the police as she deemed their was an imminent risk to the lad who messaged her. The police asked if she knew the lads address, she didn't but said she would phone work and get them to call the police directly with his address.

She phoned her management saying the police wanted the address of the employee and asked the management to call the police and give them the details quoting Log xyz. (she did that because she was expecting the management to say you can't have the address so it made sense) Instead the management offered to hand out the address of the staff member which we have later discovered to be a breach of their data protection policy which is on the contract signed by her. They also failed to implement their harassment/bullying policies respectively with the initial complaints.

In the aftermath of this, My house mate was invited to a grievance meeting to raise her concerns and she asked for me to go as a witness (Bear in mind I am not an employee at the pub or a union rep) They agreed to it after explaining I knew about the situation and would be better moral support than a colleague or union rep. I was also in the know of the situation from the off so it also allowed for less people to be told about what is quite a personal issue (Especially for the lad threatening to kill himself) The company agreed to me acting as a witness. I reluctantly agreed so off I went to research what a witness should and should not be doing in the meeting.

In the meeting the woman chairing (a manager from another bar in the chain, but with obvious links to the management who have ignored the situation up until now) it spent her time asking very leading questions and acting in what was quite obviously an arse covering exercise. The minutes where selectively taken ignoring key points my house mate raised. We decided not to sign the minutes as we disagreed with what had been written as it had taken much out of context. This was further added to our grievance. It appeared that the aim of that meeting was not to fact find but rather find facts that supported their "It's not the companies fault" stance.

We spoke to the HR team a step up who have been very helpful from the off, We soon got a phone call from an area manager however who pretty much screamed at my house mate and said I shouldn't have been there (My thoughts exactly especially as it was their decision) given my house mate is supposed to be raising a grievance it is hardly fair treatment. I had a great time speaking to him on the phone because he couldn't shout his point across at me he decided I couldn't attend any further meetings or speak to him.

We think the reason they initially allowed me as a witness was because I would sit and do nothing, Instead I have researched what I should and should not be doing (Their guidelines and ACAS) and followed that closely. They have realised that I will not sit and watch her get stitched up and as such are now changing their mind. We are hoping to have a union rep arranged for her next meeting which is going to be conducted by the area manager who is adamant he will act impartially despite completely dismissing my house mates claims that one of his managers was acting in a partial and leading manner.

The way it is now, My house mate is unlikely to continue working there. We know there is no case of constructive dismissal (She has been there under the required time scale) but she is being treat like a criminal. What is the ARRSE opinion? (Both funny and constructive appreciated) what options do we have bearing in mind we are cheap student bums. What would you do?

Many thanks

JC ]]> Law Jerrycan2793 http://www.arrse.co.uk/law/198490-employment-law.html <![CDATA[Mortgage on my ex-wife's house]]> http://www.arrse.co.uk/law/198459-mortgage-my-ex-wifes-house.html Tue, 07 May 2013 20:14:56 GMT Good evening all. Before contacting a solicitor I though I would first see what the great Arrse has to say. I have done a quick search and... Good evening all.

Before contacting a solicitor I though I would first see what the great Arrse has to say.

I have done a quick search and found answers to questions similar in vein to my own, but not quite exactly the information I'm after so I apologise if this thread seems familiar.

My ex-wife and I first separated 4 1/2 years ago, which resulted in an eventual divorce and me passing on the house to her in it's entirety. Santander however were no willing to remove me from the mortgage because of the financial position of my ex.

Fast forward to the present... the current 5 year fixed rate is nearing its end and both of our circumstances have changed considerably. My ex is now cohabiting and engaged, but Santander are still not willing to remove me off the mortgage as her fiancee is self employed but not yet got 2 years of books and they do not accept the use of guarantors.

It caused an upset when I refused to sign a new 3-year fixed deal, despite offering advice on finding a lender that will take a guarantor as both of their parents have plenty of capital in their own homes.

In the original divorce papers, it was stated by the court that my name was to be removed "as soon as possible". With my ex cohabiting, her and her fiancee expecting to make the house their matrimonial home and both sets of parents having enough capital to cover the £60k debt, can they be forced to changed lenders and use guarantors?

Many thanks in advanced.

FBG ]]> Law FatBoyGeorge http://www.arrse.co.uk/law/198459-mortgage-my-ex-wifes-house.html Reporting a driver for using a mobile phone whilst driving. http://www.arrse.co.uk/law/198284-reporting-driver-using-mobile-phone-whilst-driving.html Fri, 03 May 2013 04:33:15 GMT How seriously do the Police take these reports from motorists? I wouldn't normally bother but there is a little bit more to it then me been a c**t.

I'm a LGV driver and currently getting grief off my boss as I'm sticking to the rule book. I'm also getting grief off him when not sticking to the rule book (a story familiar to most wagon drivers). He had me in the other day to give me a reaming and told me to get a grip. The next day I see him 'off duty' driving his personal vehicle with his phone clamped to his ear.

Should I report him and if I do will the Police just take my word against his or will he need to produce call logs etc??? Will they even bother their backsides to follow it up? Just to make it a bit more interesting, he also holds his C + E licence. It is my understanding that any such driver may end up with a ban for this offence? This could well cost him his job. Do I keep this occurence as an 'ace up my sleeve' to cover my back and if so, how long would I have to report it by?

I welcome any feedback offering either legal or moral advice.

TIA,

P-T ]]> Law postman_twit http://www.arrse.co.uk/law/198284-reporting-driver-using-mobile-phone-whilst-driving.html Cold Callers http://www.arrse.co.uk/law/197814-cold-callers.html Mon, 22 Apr 2013 19:04:12 GMT So what can I say to repeated cold callers? Back home tonight at 6 . First call called me by a different name, so no Mr objobda lives here. ... So what can I say to repeated cold callers?

Back home tonight at 6 . First call called me by a different name, so no Mr objobda lives here.

Next was correct so I replied in bad German they hung up, calling after a few mins with someone trying their school German . No prob switched to Italian. Hung up called again and I tried my bad school French. Hung up.

Now the barstewards just called again.

Just what can you say to these folk?

The best bit of you dribbled down your Mums leg or I was going to fukc your mum but the men in front had the correct change would go down a treat but is it legal to swear, curse and be nasty to these barstewards? ]]> Law old_bloke http://www.arrse.co.uk/law/197814-cold-callers.html Service Complaint. http://www.arrse.co.uk/law/197672-service-complaint.html Fri, 19 Apr 2013 12:27:19 GMT Just a quick one, I am due out in the summer, however I may also be subject to PAP 10. The PAP10 process has been ongoing for 18mths(3 sets of... Just a quick one,

I am due out in the summer, however I may also be subject to PAP 10.

The PAP10 process has been ongoing for 18mths(3 sets of paperwork lost).

If I do not get PAP10, which would be beneficial to myself, and they discharge as per normal, would I have grounds to raise a service complaint due to incompetence? ]]> Law B_AND_T http://www.arrse.co.uk/law/197672-service-complaint.html What have I done! http://www.arrse.co.uk/law/197619-what-have-i-done.html Thu, 18 Apr 2013 13:09:47 GMT Hello, I posted an ad on gumtree for a cleaner. A couple of people applied, I had no intention of offering the job and said I wanted sexual... Hello,

I posted an ad on gumtree for a cleaner. A couple of people applied, I had no intention of offering the job and said I wanted sexual favours for the job, I wasn't going to meet them just got a kick out of the emails.

I sepearted from wife 6 months ago and have been on antidepressents, I have been coming off them and brain has been a mess and done something stupid like this

The police have now called me and asked to come for an interview. First i lied and said it wasn't me, but then I started feeling sick and panicky and called them back and admitted it was me.

I am due for the meeting tomorrow afternoon.

Is it likely I am going to be charged? ]]> Law Jigsaw13 http://www.arrse.co.uk/law/197619-what-have-i-done.html Advice Required http://www.arrse.co.uk/law/197490-advice-required.html Mon, 15 Apr 2013 11:54:30 GMT My solicitor has completed work for me and the Financial Consent Order has been signed sealed and delivered. She got the house & contents, I got my pension and stuff. During the negotiations me Ex asked that I pay some of her admin for for transferring the mortgage (£52.50) (cheeky cow). I told my solicitor ok lets just get rid of he. My solicitor wrote to her and said he would only forward a cheque to her or her solicitor. In essence both my solicitor and her solicitor missed it, when I paid my final invoice (some £700 more than quoted), I quite honestly assumed that everything was taken care of. See below, where do I stand?

Dear .......



I have sent to you a copy of the email which I sent to .... yesterday. I enclose a copy of her further response dated 27 March. She is a hard lady and she intends to take us to the task of the Solicitors Regulation Authority if we do not pay that money. We think that we would have to pay it and it would then put us in a position of having to stand in her place and seek to recover the money from you. We have had a good relationship and we hope that this would not be necessary. The reality is that there was an agreement that you would pay this £52.50 and it would be appreciated if you could let us have a cheque for this amount so that we can forward this to her. Obviously this extra work is not being charged for but I would like a cheque payable to ........ which should come to me and I will forward it to her.



Yours faithfully, ]]> Law Gunner_REMF http://www.arrse.co.uk/law/197490-advice-required.html Internal recruitment......or not. http://www.arrse.co.uk/law/197296-internal-recruitment-not.html Wed, 10 Apr 2013 17:04:27 GMT I was wondering if any of the smart cookies of this parish could shine a light on a recent recruitment issue at my work (big aerospace company.) ... I was wondering if any of the smart cookies of this parish could shine a light on a recent recruitment issue at my work (big aerospace company.)

Basically, our line manager moved on and the position was advertised internally. A few of the guys in my office (not me though) applied. I personally thought it was a bit strange when the applicants were given a half-arrsed interview by phone, when the position normally warrants a face-to-face interview, with prospective candidates flying down to our main base. Certainly, this is what I had to do a few years ago.

None of my colleagues were successful: the job was given to an external candidate. Basically, the UK director gave the job to a sockpuppet buddy he already had lined up.
Now, politics aside, is this legal under existing employment law, given that it hadn't been advertised externally? Most of the casework I've came across in subsequent searches seems to refer to the situation/query being the other way round: I can't get an answer to this particular scenario.

Cheers,
FHA ]]> Law FHA http://www.arrse.co.uk/law/197296-internal-recruitment-not.html Card cloned. http://www.arrse.co.uk/law/197006-card-cloned.html Thu, 04 Apr 2013 11:22:29 GMT Had a lovely lunch in a little restaurant in Berkhamstead last week. Really nice meal. I paid by card. Checked bank statement and 200 quid has... Had a lovely lunch in a little restaurant in Berkhamstead last week. Really nice meal.

I paid by card.

Checked bank statement and 200 quid has been withdrawn from a cashpoint in the same town that evening, followed by a further £250 early the next morning.

I was driving up the M6 at the time with the card in my pocket. So it's pretty obvious that the card has been cloned.

The only place I used the card that day was the restaurant and I haven't made any other purchases in Berkhamstead - ever. I was just passing through to see a mate. I did make purchases in London earlier in the week, but as the withdrawals were made in Berkhamstead it seems pretty clear cut that the restaurant is the culprit here.

I do recall that while the card was in the chip and pin machine, it took a little longer than usual because another member of staff was using the phone and had to hang up before the payment went through. At the time I thought nothing of it.

Usually I'd think nothing of it because the bank should cover any loss, however there is one little snag - it was my wife's card and she wasn't present, I had her permission to use it (my card had snapped), however the bank won't accept liability because she gave the card to me. They're saying it was probably me who withdrew the cash.

So what's the score? Where do we stand? Are the bank obliged to pay up? Am I fucked? Shall I go and torch the restaurant?

Any advice most welcome.





Posted from the ARRSE Mobile app (iOS or Android) ]]> Law Ravers http://www.arrse.co.uk/law/197006-card-cloned.html legal advice please bonnet flying open on new car http://www.arrse.co.uk/law/196877-legal-advice-please-bonnet-flying-open-new-car.html Mon, 01 Apr 2013 12:02:28 GMT Guys, could do with some legal advice on the following Daughter purchased a 6 month old Volkswagen polo from main VW agent near us, 5 days ago.... Guys, could do with some legal advice on the following
Daughter purchased a 6 month old Volkswagen polo from main VW agent near us, 5 days ago. Today whilst traveling at 50mph the bonnet flew open, doing major damage to the vehicle, fortunately the daughter was uninjured as the incident happened on a straight road with no other traffic around and was able to stop safely although seriously shook up. We have taken the vehicle back to the main agent today and they have provided a courtesy car, whilst they investigate tomorrow.
What are our possible legal standings on this matter?

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]]> Law oggie http://www.arrse.co.uk/law/196877-legal-advice-please-bonnet-flying-open-new-car.html