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Thread: Peninsula Business Services and their trading practices

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  1. #101
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    Default Re: Peninsula Business Services and their trading practices

    This Site is brilliant. I'm a sad consumer of the Peninsula in a business sense and paid for five years and will absolutely be looking towards the competition appeal tribunal. I only needed 12 months work and was backed into a corner for 5 years (That's fours Years for paying for something I didn't even want) and now they want another 12 months out of me. Take me court Peninsula I'm going to say, and you will never get another penny out of me.

    My argument with them is that I sent a cancellation letter well before the six month end date of five years and they state they never received it. I do know a lot of businesses are actually making losses now we are in going through Brexit so they will be trying all kinds now to re-coup money.
    Last edited by Amethyst; 20th October 2016 at 08:14:AM. Reason: Removed personal comment.

  2. #102
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    Default Re: Peninsula Business Services and their trading practices

    Sorry to hear about your issues with Peninsula.

    Unfortunately, to some degree, a business contract such as the one Peninsula pedal, is largely unregulated and a defence of coersion to enter the contract will be difficult to rely upon, legally.

    The cancellation matter is much more arguable if you have adhered to the cancellation clause within the contract.

    We would be happy to assist you with your matter that you notified Peninsula in good time to invoke the cancellation clause.

    In order to do this, it would help to see the contract you signed (with personal details removed) and how you invoked the cancellation; i.e. Did you post letter by recorded delivery, etc?

    There are also the other alleged issues relating to the contract as a whole which appear to be applicable to ALL of Peninsula's 36,000 client contracts; namely, allegations of misselling, beach of Financial Conduct Authority, ICOBS Rules and Fraud by Misrepresentation of the Contract (Fraud Act 2007).

    Whilst these allegations have yet to be tested in court, a high profile QC Barrister has been appointed to provide a legal view on the probability of success in the civil courts and on a private basis.

    If anyone is interested in the progression of these matters, please post your responses in this thread.

    Yes, the Peninsula Directors Office do read this thread and forum, but I would suggest they use experienced, people to mitigate any public image damage, which they believe, legitimate posts such as this thread may cause their business.

  3. #103
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    Default Re: Peninsula Business Services and their trading practices

    I've modded your link for the moment.

    I am afraid I think you are going up against the wrong people here. Your ET award is against your employer - Peninsular were merely their Hr advisors and the insurers through another company (Irwell) - your claim is against your ex-employer not Peninsular - if your employer hadn't paid the premiums - or had but had gone against the terms of the policy ( ie the direct discrimination / intentional clause) then that is your employers problem tbh - and you should enforce your award directly against the employer - that they don't have insurance etc sorted isn't your issue it is theirs. Your employers don't even appear to have made a claim on their policy so I'm not sure why you have been in contact with Peninsular or Irwell at all in any case. If Touch have an issue with Penninsular or Irwell then that is for them to take up. They need to pay you your award regardless of where they get the money from.

    Do you have the ET award ? and do you know how to go about enforcing against your employer? Have you tried and had problems doing so ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  4. #104
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    Default Re: Peninsula Business Services and their trading practices

    Hi @InetM,

    Where are you currently at with you matter?

    Moderator: Could you please advise how to tag in members so they are alerted to a message about them?
    Last edited by leaflitter; 29th January 2017 at 18:56:PM.

  5. #105
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by leaflitter View Post
    Moderator: Could you please advise how to tag in members so they are alerted to a message about them?
    just put @ before the username xx
    @InetM
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  6. #106
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    Default Re: Peninsula Business Services and their trading practices

    Thank you. will that notify them?

  7. #107
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by leaflitter View Post
    Thank you. will that notify them?
    yep :nod:

    you can also quote a post like I am here (by clicking the link underneath it titled "Reply With Quote") and they'll get a notification that way too xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  8. #108
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    Default Re: Peninsula Business Services and their trading practices

    On the face of it, there may be an element of misrepresentation by the salesperson.

    1. Was there a false statement of fact?
    2. Was the statement made by one of the parties to the contract?
    3. Was the statement communicated to the other party?
    4. Did the statement induce the other party to enter into the contract?
    5. Does the contractual terms prevent the party from relying on the representation?

    If yes to all of the above, then you may have a claim against them for misrepresentation. The result of which is to rescind the contract and put the party in the position they were prior to entering into it. The court can award damages in lieu and as the charity appears to have used those services they may opt for damages rather than rescission.

    There may also be an issue as regards to competition law. As they have tied the charity in to a contract for 5 years, it could be an argument that they have restricted the charity into a long exclusivity period contrary to competition law and could be anti-competitive. The Competition and Markets Authority suggest that contracts should not be more than 5 years and if they are then they are likely to be held in breach. Just because the CMA considers 5 years as the absolute maximum, does not mean that they will always enforce it. Other factors would need to be taken into account such as the market share of Peninsula, and I think from memory under vertical agreements anyway, that there is a 30% market share threshold before you are considered to be in a dominant position.

    Either way, I would probably recommend independent legal advice on this as competition law issues can be extremely complex to get your head around and it may or may not apply in your situation
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  9. #109
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    Default Re: Peninsula Business Services and their trading practices

    How many employees does the charity have? At £444 a month over 5 years it seems an awful lot.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  10. #110
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by Amethyst View Post
    How many employees does the charity have? At £444 a month over 5 years it seems an awful lot.
    At £26k over the period of the contract they'd need to have a lot of employees to justify it.
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  11. #111
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    Default Re: Peninsula Business Services and their trading practices

    I'll tag @PeninsulaBusinessServices to see if they could assist but I wouldn't hold your breath.
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  12. #112
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by PeninsulaBusinessServices View Post
    No need for anyone to be holding their breath, we have been in contact with and will continue to be in contact with anyone who has an issue. All we need if for them to engage with us and it will be looked into as a matter of urgency.
    Thank you.

    Just for the record @stanners1984 did state in post #108 that his company had already engaged with PBS but apparently to no avial.

    Our new boss got in touch with Peninsula, who said that the full contract would be payable and that they would take us to court if we didn't pay.
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  13. #113
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by stanners1984 View Post
    Quick update on the Peninsula saga –
    We’re now in contact with the directors office, and not only have we sent them a copy of the contract we had from the local council’S CCG stating that our charity was being funded for ONE YEAR (which my ex-boss told the Peninsula rep) we have also sent them a copy of the email we received to start the process of closing down the project (along with a figure to fund a three month exit strategy), AND THEY STILL WON’T HELP!!
    The contact who is speaking to my boss is saying that we could maybe come to an agreement, which is basically pay all of the remaining five years!!
    Honestly, Peninsula are UNBELIEVABLE. I am astounded that they still get business.
    Why am I unsurpised?
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  14. #114
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by PeninsulaBusinessServices View Post
    We've not received a copy of a contract or an email.
    You've provided a photo of an alleged contract containing no information of who its between or what the contract is for, and a word document of an alleged email, copy and pasted I presume.
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  15. #115
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    Default Re: Peninsula Business Services and their trading practices

    Definition of contradiction in English:



    contradiction



    NOUN


    • 1A combination of statements, ideas, or features which are opposed to one another:
      ‘the proposed new system suffers from a set of internal contradictions’


      More example sentences


      • 1.1 A situation in which inconsistent elements are present:‘the paradox of using force to overcome force is a real contradiction’


        More example sentences


      • 1.2[mass noun] The statement of a position opposite to one already made:‘the second sentence appears to be in flat contradiction of the first’


        [count noun] ‘the experiment provides a contradiction of the hypothesis’


    Seems a slight contradiction there, ive helpfully included the dictionary definition

    https://en.oxforddictionaries.com/de.../contradiction
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  16. #116
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    Default Re: Peninsula Business Services and their trading practices

    Just a simple question? If peninsular know the company who they are dealing with have they a copy of the contract themselves?

  17. #117
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    Default Re: Peninsula Business Services and their trading practices

    Quote Originally Posted by wales01man View Post
    Just a simple question? If peninsular know the company who they are dealing with have they a copy of the contract themselves?
    It was the contract between Stanner's charity and the council he was referring to.

    Well, ''alleged'' contract according to PBS lol.
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  18. #118
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    Default Re: Peninsula Business Services and their trading practices

    Has this now been resolved, or still a work in progress?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  19. #119
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    Default Re: Peninsula Business Services and their trading practices

    Thank you. @stanners1984 any progress your end?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  20. #120
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    Default Re: Peninsula Business Services and their trading practices

    Have they started a Court action? If they do you will get help on here from others what are they claiming for and how much could be a way to stop the action if you can be ready to post up documents when asked the Beagles on here are very good at pointing out things that will help you

  21. #121
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    Default Re: Peninsula Business Services and their trading practices

    Are you saying that you have received a claim form from the Court or is it a letter from Peninsula saying they will be looking to take court action? This thread is already big enough as it is and seems to be used as a discussion than anything else.

    Perhaps you might want to start your own thread so all of the information can be kept together and if there is a court claim, the starting point would be to upload all documents you've received and we can look at it from there. Do you have the means to employ a solicitor to defend this?
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  22. #122
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    Default Re: Peninsula Business Services and their trading practices

    Admin's comments are echoed; have your documents (redacted where necessary) ready for uploading so that accurate advice can be given on your position.

  23. #123
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    Default Re: Peninsula Business Services and their trading practices

    Am I so pleased I found this forum! and im sad to read im not the only one with an issue with this company. I am 3 years into a contract with them and business has dried up so im looking to cut costs. Im not a regular user, ive not used them for several months so i rang and asked to cancel the contract. I got told that wasnt possible until 2019!!! and id have to continue paying £150 a month for the next 2 years for something im not going to need or use. I told them i'll cancel my DD, but they dont seem to care and just threatened to pass my file over to debt collection agency. Surely something can be done with keeping people against their wishes. I can see others with similar views, happy to discuss as ive had it up to here with Peninsula!

  24. #124
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    Default Re: Peninsula Business Services and their trading practices

    Hi I was on looking for information on PBS as I am representing my friend at a Tribunal next week for unfair dismissal. They are atrocious and have not kept to deadlines or orders/directions made by the judge! I am not legally trained in any way nor have I ever had any experience of a Tribunal before but have managed to keep deadlines etc! I have asked the judge to 'strike-out' the respondents response as they have not compiled with an 'unless' order! I doubt this will happen as for some reason PBS seem to be getting away with not following directions/orders for some time now! The judge on the last case management telephone conference gave PBS a right telling off and threatened them with a 'strike-out' but in the same breath said that this would be a very draconian measure and felt sorry for the small business they are representing as they probably no nothing about how bad a job Penisula are doing for them! (Helps me though!) I doubt the Business has any idea and I'm sure many many more businesses do not realise what an utter mess they are making on their behalf!
    There now has been 4 different transfers of this case to different PBS consultants (or whatever they are supposed to be)! Every time I speak to one they say the same thing, 'I've just been handed this case' and so they are not 'up to speed' on what is actually happening!
    After reading how awful PBS are to their customers I really hope I win this case against them! I also hope the the Judge who stated 'If I have to strike-out this case so that PBS start acting according to orders/directions to get some action for those they are representing, I will'! Fingers crossed!

  25. #125
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    Default Re: Peninsula Business Services and their trading practices

    Judge wont strike out case...could do but wont...especially if its heard in Manchester by one particular judge. So forget about that.

    If PBS dont have the evidence to support their clients statements, they will say their client 'believed'! Always always always ask for the grounds for such a belief...9 times out of 10 the grounds wont be reasonable because the particular issue had not been investigated or reviewed by the employer...they were simply guessing.

    Another thing they like to do is rely on documents without actually disclosing the documents...such as rotas, staff records, signing in/out sheets, training records...the list is endless. The employer was no doubt issued a Case Management Order to disclose documents they rely on and documents which are relevant...so each time they raise an issue you dont agree with...and no supporting documents are disclosed...raise it with the judge and draw your own inference that it was not disclosed because it either doesnt exist or it doenst support the employer's statement.

    And remember...PBS are Employment Consultants...not solicitors...so they are not bound by any code of conduct. This means they can mislead the judge if they choose to and not worry about consequences form the SRA if they get caught. No matter how bad PBS may treat their customers...they will defend their customers by any means if it goes to tribunal

    The reason PBS dont keep to deadlines is 1. Theyve been allowed to get away with it for so long; 2. They need to see whats in your tribunal statement first before they start writing the employer's tribunal statement. While on the subject of statements...they are supposed to be statements of FACT...but you will find the employers statement filled with lots of OPINION if there are no facts. You need to address this prior to the hearing or opinions in the written statements will be taken as fact during the hearing. Any inaccuracies in the statements you dont challenge beforehand will be taken as fact.
    Last edited by Dominic; 25th May 2017 at 12:37:PM.

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