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NigelShaw

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  1. Hi Thanks for your responses Im not going to persue the notice revoking nor am i going to look into CD as it would be hard to prove that. The things that frustrate me are- I had an unblemished record. Everything i did was right for the task, for my role and for my company. I never made losses and always managed well within my targets and qualities. At the point of my leaving date, i was involved in 80% of ALL production projects which tells me that i was doing just fine. When i was abroad, i was given daily expenses to cover me being away. On my notice day, i handed all of my receipts as always to accounts for hotels purchases etc and could account for everything except 2 taxi rides (this was New York after all). I got an email from HR saying- "I would like to point out that ALL transactions are being thoroughly investigated to ensure reconciliation of your Visa & personal expense. Any spurious or abnormal purchases we deem to related to any of your projects will be recuperated ath the point of payment and you will need to justify your actions" Now, I havent made any spurious purchases. All of my purchases can be tracked right back with full disclosure. My person expense were provided to me rather than me claiming them. This seemed a peculiar message to send and i felt that i was being accused of something.... I checked on line and i read that your Employer cannot deduct anything other that tax / NI and other deductions can only be made with approval from me. is that right? i feel like they are going to conjure up an elaborate story and pay me short. I was nothing but honest with the Company and did everything with them in my mind.. its so frustrating N
  2. Hi I have a query. I had my job and got on very well. My superior though, took what ideas I had and passed them as his own to self benefit. This happened many times. I raised the issue with HR on more than one occasion. I made very good budget savings, he made disastrous losses and pinched profit from my jobs by transferring purchasing. I raised this too with HR and the FD. I continually asked to speak to the MD about it though HR and I was always told that a meeting would be arranged but after 6 months, you tend to feel that it isn't going to happen. I was put on a job that took me to the US on and off ( 3 weeks there, one week back ) for 5 months. During that time, my wife separated. That's not necessarily the bad thing. With all the travelling, no time off and irritations as mentioned above, I put on my notice. This was received and I was put onto garden leave. Almost immediately though, I felt that it was a mistake so contacted my HR and superior to revoke my notice. I was told 'I'll see what I can do'. A friend of mine applied for my job although it wasn't advertised, they contacted him through a previous working project. I was told that by my company 2 weeks into my 4 week notice that my role had been filled so a return was not possible. I spoke to my friend who, although was offered the job, wasn't offered until a week after I was told it had been filled. I now feel that with everything that had been going on, there may have been some sort of structured plan by my superior. He knew that I complained about the budget pinching and he sent me on the long trips abroad. It was his decision as he ran the dept about a return from me. My performance was not blemished. My targets were always exceeded and budgets were always much higher that the target. Does this sound right? I feel like its been planned (slightly) Thanks N
  3. Hi, the other party initiated proceedings. When i originally heard from the Solicitor (before proceedings had started), i had asked how i could return the vehicle as per the VT method. I was told that it was difficult! I requested copies of all information stored within the other parties records as per DPA and paid the £10 fee. i asked for this in writing. after numerous phone calls with lots of people and lots of requests to return the car did i receive a letter stating i hadnt spoken to anyone and i was incorrect in all of information. I was given an ultimatum to sign a letter to allow collection or go to court. i called them on receipt of the letter as it stated ' Voluntary Surrender ' and i was told that they were exactly the same? I signed the form but placed a note stating that i hadnt been advised of any liabilities and i hadnt been advised of what would happen. The car was never collected and it went to court. the case (at county court) was adjourned 'In light of my defence' and a new date was set. the second case was adjourned 'because they desperately couldnt get hold of me' even though, the reason for the desperation was to ask me if i would agree for them to adjourn? I dont understand that. A third date is now set and i have started to get threatening letters again telling me to sign a VS which im reluctant to do as i know the implications between a VS & VT. i have kept a full chronology of calls made by me and actions i have taken throughout the whole period. Im not sure of my next move. My thought was, if they adjourned the last case because they couldn't get hold of me but their evidence was so concrete, wouldn't it have been better for them to attend the case in the hope i didnt attend to which, the case would have fallen in their favour? I think i have a strong case....... It turns out though (in a letter i received 2 days ago) that they refer to data in their records regarding a telephone call in December 2010. I requested and paid for all records to b submitted to me using DPA. I dont know my stance on this. many thanks for your interest and any advise is greatly received Nigel
  4. Well, reading through various other forums about BMW finance, it appears that their 'trick' is to terminate your agreement on the day that you request a VT which is what they have done with me. They then also sent you out a VT letter to be signed by a solicitor which is infact, a VS letter (Voluntary Surrender) which is different to a VT in terms of- A VT - Voluntary Termination is your right to terminate a contract forthwith A VS - Voluntary Surrender is you surrendering the vehicle and accepting the balance of loan owing! sneaky or what! Trouble is, i signed a (what i thought was a VT) where do i go from here? a now confused, Nigel
  5. Hi, have i posted this in the wrong section? any help greatly appreciated many thanks Nigel
  6. Hi i have a question regarding contracts & financial agreements. I had a car on finance and a very long story short, reached by 50% on a CPA (Contract purchase arrangement). This meant that i was elidgable to return the vehicle without any penalties and this is written on my paperwork. at the 50% point, i called and requested a settlement balance along with the paperwork for a VT (Voluntary Termination). We discussed this on the phone and so forth. The paperwork never arrived so i called again 2 weeks later and asked for them again. At the same time, i advised them of my new address. Paperwork still never arrived so i called for a 3rd time and requested the VT documents. I then received a bill for the balance of the car telling me that i was in default and my arrangement had been cancelled!! Long discussions on the phone finally lead the finance Company to a solicitor. I asked them about 12-15 times for VT forms and finally received them some 8 months later, filled them in and sent them back.. I went to court, it was adjourned for lack of evidence, i went to court again, the Solicitors didnt turn up claiming that they couldnt get hold of me even though, i had 3 phone calls with them in the week prior to the case. I have now received another letter telling my that i havent sent back a VT form and this is why im being taken to court and my statements do not hold any merit but, in previous letters from them which have also been provided to the court, they refer to the VT sent by me......... I now keep even more regular contact like every 2 days by email asking them repeatedly of an update. I have requested notes from their logging system which i believe is my right under the Data Protection act but to date, i have not received anything from them and i have asked them 5 times now in writing. My question is- if i requested the documents 3 times at least with consequent requests to the solicitor and advised them more than once about my new address (which is clearly visible in the copies of the account records i demanded) and they failed to provide me with them, am i ultimately liable even though i had done everything i could in the correct manner? if im not liable, is there any documentation regarding this type of scenario that i can refer to like a point of law or similar? i feel like i am back to square one! many thanks in advance Nigel PS. i have also posted this message here- thelawforum[dot]co[dot]uk/laws-regarding-contracts-finance
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