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Unlike Kev when he got fucked over by NESN I don’t have to keep my gob shut on this and I think that this is important.
Irrespective of whether it was me or any one of us in here in particular I really cannot walk away from this or not fight it. Apart from that I have taken legal advice, which is to go there and fight my own case surprisingly enough, but then I know the lawyer pretty well and he knows I’m not a total idiot. His advice was that I was probably as smart as any lawyer or solicitor and that it would likely be fast tracked to small claims and therefore no legal representation is required and, in most cases, frowned upon by the judges, I’d be as well to just do it myself. So that’s what I’m gonna do.
Now, here’s the danger bit for us all here. The industry is going to watch this and see what happens here, if I don’t fight it then we may as well roll over now as that sends a message that we will simply be complicit in any demands placed on us like that. It’s the wrong message to send.
I knew this would happen sooner or later to one of us, it just so happens I’m the poor fucker that has to put up the fight. I thought it may have happened in Kev’s case, but sadly it didn’t. However, enough is enough and we have to be seen to be making a stand on this sort of thing and whether you want to fly that under a UKW or DASA flag doesn’t matter a shit in all honesty. As an independent trade we have to be seen to have the will to fight back and not take the shit that’s dolled out.
So, I can prove the case technically, there’s no problem there as Bradshaws have given me enough rope to hang them with quite nicely thanks.
But I do think that we have to have a united front on this and condem the bastards, something we could not do with NESN but if we do it here it will tell people that we’re not going to be fucked with or fucked over. Win or lose, that’s far more important than the result of this particular court case.
For the good of everyone we have to send the right signals IMO.
Comments?
K.
Re: Bradshaws & The Importance Of It
I agree with the sentiment and that you have to follow what you see as the right path.
In my case NESN had a technical win, ie I did break the contract by doing the MFI work. The rights and wrongs of that contract don’t come into it.
So any award for damages and costs would have always been in NESN’s favour, meaning I financially lose and could not afford to put my house and family at risk….the end.For you its different, this is a dispute over a grand and some spares. So I think you have to keep a perspective on it. If you are sure of winning your case then lets all say nothing until its WON. Not a word out of place that might give them cause to sue for libel etc, etc.
Is there anyone in here who works for Bradshaws??? Would you be willing to support Ken by telling them if they pursue the claim against Ken you will resign your agreement with them. This is the key really.
Its ok saying we are a warroom and a great bunch of forward thinkers but…..Have we the bottle to lose work to support ken now.
I for one will. Having had to conceed to Nesn who lied from start to finish in the declaration to the High court, and jason, mark, john f along with others were all quoted as saying various statements to trubshaw, lets just say its galling at best.So, this is an occasion where your support is needed. If you work for bradshaws…declare it here and lets know if you are willing.
Once the case is done with then we can open up the press department in full and report on that support etc.
I will also chip in to your costs ken, as said before £400.00 cheque is waiting to be sent to you, but not without your permission.
Kevin
Re: Bradshaws & The Importance Of It
Thanks Kev, a gent as ever. 🙂
What I would say is that I’m not asking anyone to give up anything, work or money and it’s really up to you guys to choose your own course with it. Of course, publically, if another few were to support such an endeavour then the effect on the industry could be, shall we say, a tad profound.
What you have to remember with UKW is that all the WP’s and manufacturers are watching the site and they do play close attention to what goes on, if we start getting shirty then they will make note of it. If we all start to support one another in certain areas, such as this, then the shoe is on the other foot to a large extent. Don’t get me wrong, this would not make Nirvana but it would make them think twice about firing off against any one of us for fear of retribution from many.
Whilst it is worth consideration and could well start to show that we have some backbone I will not ask anyone to do it on my behalf as that’s how it would look to a degree. Although that can be gotten around.
It is also more worthwhile with a small contract like Bradshaws as there’s less damage to be caused to any of us by refusing to do work for them as it is only crap really and low volumes. But it could show a willingness to participate in such action should the need arise in the future. Yet again it comes down to setting presidents but not being hamstrung by them at the same time as, since it is the choice of the individual to participate, each case can be taken on its own merits.
As for not saying anything about it, well I’m on a bit of a cleft stick there, again! 🙄 As I write the news and publish the news as well as being at the centre of the news in this instance, but Dave can write it up. 😉
In fact, it may be an idea for Dave to contact Bradshaws for their side of the story for an article in UKW, even just that may be enough to make them think again about this.
With stuff like this there’s loads that we can do and I like to think that we’re a bit smarter than the average bears in here so I’m quite sure that we can come up with some pretty ingenious ways of beating the bastards.
K.
Re: Bradshaws & The Importance Of It
kwatt wrote:In fact, it may be an idea for Dave to contact Bradshaws for their side of the story for an article in UKW, even just that may be enough to make them think again about this.
I’m on the case already 😉
Dave.
Re: Bradshaws & The Importance Of It
kheath wrote:I agree with the sentiment and that you have to follow what you see as the right path.
Is there anyone in here who works for Bradshaws??? Would you be willing to support Ken by telling them if they pursue the claim against Ken you will resign your agreement with them. This is the key really.
So, this is an occasion where your support is needed. If you work for bradshaws…declare it here and lets know if you are willing.
Once the case is done with then we can open up the press department in full and report on that support etc.
Kevin
I’m not an agent, but if I was then I would certainly tell them to stuff it as I would not be able to carry on any more quoting that I would have lost confidence & respect in their organisation. Any member who is an agent I would imagine would have very little to lose any way, it is not like they are a major player, so there would be little lost.
Has any member paid up to access accounts on companies house via the net? I know for a silly fee you can get allsorts of info & in fact for free you can see if the accounts are presented on time. Maybe they are in financial trouble and calling in the cash as it were.
They would never ask me to do work as they are very close, being 2 junctions up the motorway, and use their own engineers. Plus the fact I made it clear years ago I was not interested in carrying out any work for them.
Alex
Alex
What hacks me off with these twats and others like them is that they think they can just ride roughshod over the likes of us.
Well I hope I’m the very bastard that will blindside them and prove them wrong. In the process, with any luck, displaying to others that they do not have carte blanche to do what they want.
K.
Re: Bradshaws & The Importance Of It
Ken,
If this going to work, you’ll have to have every fact prepared and documented. Wrong parts supply linked to model number and job reference; duplicate (triplicate even) supply all MUST be provable against the work supplied. This is totally tiresome, but you MUST do it! The judge will probably (certainly) get bored of it, but will get the general picture pretty quickly and move on from there.Luck,
Chris.I wil have, but I rarely fight a battle on one front. 😉
I was also reminded of something today I either learnt or read…
Battles are rarely won on the field, they are won through politics and machinations behind the scenes, the examples are plenty, the exceptions are rare.
Some pressure has been brought to near on Bradshaws and, in some ways, it would be a pity if they back off, but cest la vie. As if they don’t we could use them as an example that we are not to fucked with.
K.
If your paperwork systems are ‘watertight’, do what Penguin says . Go to small claims and walk away a winner.
We had a similar situation as Neil and GBDar they wanted paying for spares we told them we had returned, when they carried on persueing us we pulled the POD’s out, they dropped their claim, same goes with Merloni recently. Basically these ‘large’ organisations paperwork systems /accounts are not kept up to date or accurate and some neive dickhead who works there thinks they are, until you prove otherwise, and it has to be you that does the donkey work.I recently just had a run in too.
Threaten with all sorts of things if I didn’t pay invoices for spares returned for full credit 2 years ago.
I have dug all the paperwork out proved the point and they have backed off.
Used to be an agent but no longer do any work for them
Re: Bradshaws & The Importance Of It
Well got a reply from Bradshaw’s solicitors, it’s a load of bollocks but it’s a reply I guess, in defence of the conter claim. So it looks as if it’s going to court.
They say that the invoice was not supported by paperwork for the amount, funny I thought I explained how invoicing worked to them.
Some other bollocks about the return spares not being available but they forgot to add that they gave less than 24 hours notice for collection then called outside business hours to collect it!
And the topper, third one, is that my £120 admin charges to deal with the case is outragous and they don’t accept it. 😆
Should be interesting to see what a judge thinks given that they charge £80 in solicitors fees alone!
K.
Just had another threatening letter because I refused to pay them last month as was overdue on credits etc. Had quite a harsh conversation with the girl in accounts and she went off. Friday totally unannounced someome turn up for collections. We made them wait until we had them ready before they could leave..lets see what happens now
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