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  1. Hi Hope someone can help. I bought a car in 2009 on finance.Paid every month till I lost my job in May 2012. Continued to until money ran out. Got another job where own transport is essential but less than have my previous wage. I advised GMAC I wwas struggling with the payments but they would not set up an arrangement. Cut a long story short, my friend/partner offered to settle the finance, fix the car and sell it on to claw back his money. He was also going to provide me with another vehicle to get me to work and back. He called the finance company who said fine, but needed my authority. I called up 48 hours later only to be told that a new law had just come in today and a third party can no longer settle any finance. My only hope of settling this mess gone. I rang a few times but got nowhere with GMAC who stated that only I could settle the account. They have now proceeded to court to repossess the vehicle which will mean me losing my job as I do not have any other mean of travel and public transport does not run from where I live to where I work. Will the court take into consideration my offer to settle that was rejected (by fabrication as I have never been able to find such a law that was passed on 9th November 2012) and my circumstances. Or am I wasting my time disputing. I feel that GMAC have treated me unfairly and done everything to prevent me settling with them. Initial finance was £18,000, now owe £4600. Do I stand any chance at all.
  2. I am a veterinary assistant. This includes some reception work and somecleaning work too. My father’s friend got me the job and I was so grateful forthe experience as it goes alongside my animal management course. The job as well as assisting on procedures also includes consultations withowners, covering reception, answering phones and cleaning, odd jobs, stickingthe stock shelves etc. I have a terms and conditions of employment letter that was signed and I havebeen given a handbook. On Sundays we attend work on a rota basis and to do odd jobs given that itis usually only emergency cases. I was told to come in and clean down treatmentroom 1 & 2 – that was what was on mywork sheet for the day. This, if done correctly would take about 3-4 hours.When I arrived; a girl that I am friendly with in the Reception was there, and Isat with her before starting with my cleaning. There was no supervisor thereand the vet that was there was in a long procedure with another assistant. I amashamed to say that this probably contributed to my decision to stay chattingfor so long. Today I have received a letter entitled Disciplinary Hearing – stating thefollowing reasons: “Declining standards of work and incident on 23/2/13 whereit has been reported that you sat on reception for approx. 1 hour prior tobeginning your duties despite clocking in on arrival.” Although I am not sure how they have found out (maybe cctv because the othergirl wouldn’t have said anything as she would be in almost as much trouble asme for chatting for so long) Advice needed: Should I take someone with me? Who? The letter states an appropriaterepresentative. What about my Dad? Is that awkward because it is my dad’sfriend Do you think these sounds like reasonable grounds to let me go? I have neverhad a verbal warning before or any negative comments about my work (onlycomments when I haven’t worn my uniform correctly and followed hygiene procedurescorrectly) Is the problem that I’ve basically been paid an hour for doing nothing? Are they allowed to spy on cctv, since that’s how I think they have discoveredme
  3. Hello, I am hoping that someone can advise me on what to expect at the hearing that I am to attend. We have arrears of £2600 on our (only) mortgage, which is with GE Money. These have built up over the last few years due to a decrease in availability of work. (Self employed in construction industry). I have always had a payment arrangement for the arrears. However, because our income is based upon finishing a job or a builder paying us, our pay dates are never consistent. If the mortgage payment is due on the 28th and we get paid on the 30th (And pay the mortgage) the payment arrangement is then considered broken. Even though our statement shows that a payment has been made each calender month or appox every 6 weeks. The payment plans have always been for an additional £170 per month, which I argued was too much for us. The main amount of arrears related to non payment of the mortgage over 3 months in winter when there was no work due to a cancelled job plus emergency repairs to our roof that was badly leaking due to old age. GE Money are saying that we have broken 27 payment arrangements with them! They still have had a regular payment. They were going for possession but again have agreed to a payment plan of normal payment £648.00 plus £50.00 for arrears, an amount that we can manage just from my wage. So now they are going for suspended possession. Apart from a letter from the court and solicitors confirming the date. (Postponed once already as the solicitors had not had time to do the paperwork). I have had no other paperwork. Should I have received paperwork outlining the solicitors/GE money's argument? What do I need to prepare? Can I stop this? I sought advice from a solicitors but am not entitled to legal aid. Can someone help me please?
  4. My ex employer (LTD company) didn't reply the ET1 neither went to the hearing. The tribunal decided that I was entitled to receive: basic award, compensatory award, outstanding wages, loss of employment rights and 25% ACAS uplift. The hearing was on 06/03, so I am still waiting for the written judgment by post. However, last week I saw in the London Gazette that my ex employer is calling a `Meetings of Creditors` on the 26/03 to appoint a Liquidation Committee. I have 'informal information' that he has stopped trading with the LDT and he is using his solo trading company (same address), while he opens a new LDT. Furthermore, he has a offshore company that is providing `fake invoices` to ensure that no assets are left for the liquidation. Having said that, I would like to know if I have to do anything for the `Meetings of Creditors` on the 26/03 and what is the best approach to get my money. Many thanks
  5. I am due to attend a disciplinary hearing April 2nd for potential Gross Misconduct. I have recieved the documents my employer is going to present as evidence but one of statements from another employee are incorrect, One says I knew he was claiming hours when he hadnt worked them which is incorrect How can I correct this -
  6. I would be grateful for any advice on the next steps I should take to avoid repossession of my property when the hearing listed for 12 April takes place. Background: In 2007 I purchased a flat with my wife. This property was rented out until August 2011. We would receive any post addressed to us from the tenants. In February 2012 (having moved into the property in August 2011) we received a letter from a landlord which claimed that we owed ground rent arrears (but only back to January 2009) totalling £500 plus late payment fees and interest (in all a total of £952). Up to this date we thought that the ground rent was included in the sums we paid as service charge and we had never been asked to pay rent to anyone nor had we received any previous correspondence relating to ground rent. I contacted the solicitor acting for the landlord and offered to pay the £500 ground rent but queried the fees of £452 since I had never previously been asked to pay ground rent and I wanted to see copies of the correspondence requesting it. The solicitor refused to accept the part payment (as they described it) and told me that the landlord was unable to generate copies of any correspondence it had sent me because none were kept on file. They had records of the dates when letters and notices were sent to me and that was all. I wrote to them saying that I would be prepared to pay a portion of the fees but since I hadn't received the letters I didn't think it was reasonable to ask for payment in full. I heard nothing more and forgot about the issue entirely. In January 2013 I received a possession claim form and shortly after that a notice of hearing dated 12 April. The amount claimed in arrears was now £1,950. I contacted the solicitor again and this time it was a different person daling with it. She asked me to send copies of the email exchanges in Feb 2012 which I did. I informed her that I had no had any prior notice of the court proceedings and couldn't see how they could run up costs without my involvement. She then sent me a letter dated Novemeber 2012 which again I had not received. I offered to pay £1,200 to settle the claim and this was refused by the landlord via its solicitor. They seemed adamant that my mortgage company would pay the full sum. In the event I filed a defence and when I showed it to the mortgage company they accepted that there was a genuine disoute and declined to become involved unless there was a real risk to their security. In correspondence with the landlord's solicitor I was also able to clarify that the reason there was any delay in seeking the ground rent was because the landlord had only taken over the freehold in March 2010. I then filed a defence arguing that: 1) some of the sums claimed as ground rent preceded the date of ownership by the current landlord (they claimed arrears and fees dating back to January 2009); 2) the lease entitled the landlord to reimbursement of reasonable costs incurred by it in enforcing the lease but not to late payment fees - accordingly these fees were not owed; 3) the sums claims as legal costs were excessive and unreasonable given that these had been incurred without recourse to me and with no attempt to respond to my email in Feb 2013; 4) the landlord had in fact refused to accept the ground rent and on that basis could not seek the costs of the possession claim some £654; 5) the legal costs had not been itemised and were duplicative (namely fixed costs had been claims in addition to the actual legal costs incurred in preparing the claim and aland registry fee had been claimed twice); 6) there was no evidence the landlord had ever actually served a section 3 notice on me (it was unable to produce copies)and thus it could not show that it had ever notified me of its ownership and name and address and on that basisd I denied there was any right to the rent; 7) finally, i argued that forfeiture of the lease would not be proportionate and would be a breach of article 8 since my family (including two young children live in the flat). Since I issued the defence the landlord has offered to accept £1,600 to settle the dispute as a gainst the total claimed of £1,952. The questions I have are as follows: 1) should I accept this offer to avoid the risk of losing my property; 2) if I do accept it is there anything I need to be wary of (i.e. do i need to seek relief from forfeiture which might have further costs implications or have we not reached the stage of the existing lease being forfeited yet as the hearing has not taken place); 3) given the defence above should I apply additional pressure on the landlord by making an application to strike out the possession claim? If I did that is it likely that the application would succeed. 4) are there any other tactics I could employ to get the costs claimed down to a reasonable level? Thanks very much for any advice you can give me - I appreciate your help. Kind regards Michael
  7. Hi, if you have two separate claims, submitted at different times and they have been consolidated into one hearing by the Tribunal , are they still considered as two claims by the Tribunal or does it count as one overall claim? For example could you win a discrimination claim, but lose a second unfair dismissal claim and therefore lose the whole hearing overall?
  8. Hello I feel in trouble and hope someone may be able to help. I have an historic debt to Lloyds TSB which is now with a collection agency. I am going to court next week for a set aside hearing where I think the debt is statue barred. I have a letter from the agency stating that the "cause of action" I referred to in a previous letter is the default date of Sept 2006 rather than the last payment made which was Feb 2004 and therefore their action falls within 6 years as their claim was made in Dec 2011. I think that flies in the face of this sample letter from MSE below: You claim in that letter that the debt referenced above is not statute barred as the recorded default date is xx/xx/xxxx. I regret to inform you that this interpretation is incorrect and appears to be a deliberate attempt to mislead a debtor regarding the legal standing of a debt. As such, it puts you in breach of the OFT Guidelines on Debt Collection and in breach of the Consumer Protection from Unfair Trading Regulations 2008. Furthermore, should you attempt court proceedings and rely on such a contention, then not only will this matter be defended in full; it will also be referred to the Solicitors Regulation Authority as a breach of their Code of Conduct. Specifically, as an "attempt to deceive or knowingly or recklessly mislead the court". Am I right? I'm beginning to feel very nervous about this. Is this a decent defence? Background is that a CCJ was obtained against me last year in absentia which is why I now have a set aside case. I have full records from the agency and there is no acknowledgement post Feb 2004. The CCJ that was granted was also followed by a charge on my property. Any advice welcome and gratefully received.
  9. I lost a case as the Claimant a few months ago and the Defendant was awarded costs. I have tried to come to a repayment plan with the Defendant but have not been able to reach an agreement. I then applied to the court via an N244 to have a hearing and to request a repayment plan be taken on the order. I was given a date of the 27 February to hear this, however yesterday I received an interim charging order. This will also be heard at the same time. I have read the guide on here but a great deal points to it as a debt owed to a creditor via some form of consumer finance etc. This was a costs order that they are trying to enforce on a charge, should this be treated any differently? The house is in my name only currently, I have a mortgage on it, however I am to get married in June - I have already been in touch with the mortgage company about this and changing it. I was told that was possible to do. Can I still go ahead with adding my partner to the property prior to this hearing? Would it look bad or prejudice me? The other complication on this is my parents purchased the house some 10 years ago when I was at university and they rented it out, just under 5 years ago they sold me the house and gifted a portion to me on a proviso that I would repay them within 5 years an amount of money. If I didn't it was agreed that they would obtain part of the value of the house back to them and would agree to a security on the house themselves. The 5 years expire this year, how does this affect them and me? Thanks for the help
  10. Hi all, Just some advice really, My girlfriend has had a investigation interview with regard to a complaint that been lodged by a customer. The customer was served and decided to wait for there food. During the 2-3 minute wait a co worker has passed the counter and my girlfriend has said that she would drop an invite off for her (we get married next month) The customer complained about this and she has had a meeting which all they asked her did she remember the event (which she said no) and has she received customer service training (she said yes but it was 18 months ago). She has never had any problems or warnings in the past and has been told that she has a good chance of getting a written warning. Please could someone advise me on this please. Thank you in advance
  11. Trying to help a friend challenge a PCN for performing a prohibited turn issued by one of the London Boroughs. He has lodged an appeal with PATAS and has asked for a personal hearing. My question is - is the Authority required to serve him with its bundle prior to the hearing
  12. Hi Everyone, I'm new to this area of the forum but have received invaluable help from the debt section. I think I need some professional advice. Can anyone recommend a reasonably priced employment lawyer? I have been off sick for around 6 months. Work's policy is to provide 2 years sick pay. However they have now started discussing my 'capabilities' and have mooted the idea that my contract could be terminated. I'm fairly confident that my condition (CFS) is covered by DDA, and I could pursue them for discrimination, wrongful dismissal and unfair dismissal. However I want to get some professional insight and discuss my options before proceeding. Thanks for any recommendations you can provide!
  13. Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car. I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to for over 500 pounds even though it should have been scrapped. I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing Thanks for your time in reading this guys/gals
  14. Hi Everyone, I am representing a close friend (really!) at a bankrupcy hearing in early Feb and would appreciate some advice. This will be the resumption of a twice-adjourned hearing after the judge allowed a period for the claimant (DCA) and their solicitor to 'get their act together' with regards to paperwork because, having become involved only a couple of weeks before the previous court date, I discovered that: The alleged bank overdraft debt stretched back to the late nineties When the DCA started chasing in 2003, the debt was queried in writing by the defendant who stated that they believed the debt was not correct and asked for full details The DCA replied a month later saying that they could not find any paperwork but would forward it ASAP, but all they have since provided is a copy of a bank account statement No further paper 'evidence' has since been provided. There was some verbal to-and-froing last year (during a very stressful period in the defendent's life as their marriage was breaking up and they were receiving counselling), culminating in a Statutory Demand and subsequent petition. The petition submitted to the court referred to a debt with a credit card company totally uninvolved in these events and with whom the defendant has never had an account. From all the paperwork I have seen this debt is statute barred, so I sent in a SAR (acknowledged and the 40 days are up within a week or so) to see what the DCA can dig up and I am now preparing for the next day in court. As I see it, unless the DCA digs up any written admission or details of any payments since 2006 (I am assured there has been none), the petition should be dismissed and, based on my research, I propose to also ask for an injunction and an indemnity costs order. I have seen some useful wording hereabouts relating to legal, FSA/IFA/trade body conduct and duty of care, and citing the relevant paras of documents etc., but any specifics I should major on? Also, subject to what I find from the DCA (assuming the debt is statute barred, as I believe from all the paperwork I have seen), do you suggest contacting the other party's solicitors before the hearing to lay out my understading of the situation and seeing if they want to make a proposal to settle this issue amicably, or will it be best to see them on the day - either before or during the hearing? Thanks.
  15. Hi all, I have a disiplinary hearing this week which i was notified about last week. My question is this: The hearing consists of my director, HR representative (takeing notes) and additional HR Mgr who is dialing into the meeting. My Mgr is now going to be abroad and has also said he will now dial in to the meeting. So it will be me and an HR representative taking notes with the HR Mgr and my Mgr dialed into the meeting. Is this reasonable?, there is alot of paperwork to go through and present and I had also planned to ahow a business presentation in relation to the hearing, which is for non performance. Is it reasonable for me to request that the meeting be re-scheduled so we can be in a face to face meeting ? Thanks
  16. Hello. I have worked with the NHS for 9months. Sometime during October 2012 I began working alongside a colleague (NC), we were discussing some workplace issues they were having regards their team leader. In particular, this colleague didn't get on with their team leader and proceeded to tell me how they would have preferred to be offered my job (we were hired during the same recruitment drive). At the time I said that if they were really unhappy with their base of employment I would be willing to swap as I got on well with all staff. They said they would think about it. Around the same time this colleague became aware of my sexuality, and remains one of only two members of staff who I have disclosed this information to. Around the same time I began having trouble with my own team leader (an admitted control freak) who, due to my line manager not communicating my absences or holidays, requested that I begin signing a register each time I started and ended a shift. No other member of staff has, or was requested, to do this. During some of my absences NC and my team leader arranged for them to cover my shifts, this continued long after I had returned to work. During a week long holiday in December 2012, I discovered that my team leader and NC had arranged between themselves for NC to begin working at my base during one of my shifts on a regular basis, thus making me surplus to requirement. In November 2012 during a break I updated my status on facebook with an insensitive remark. The remark did not identify any confidential data, nor did it reference any person whom I worked with. Although insensitive, the comment was bland and would not have raised much concern from any of my friends or family who were able to view it. As I am wary of security settings on Facebook, my employer remains visible only to myself. I had only one work colleague added, but my posts were visible to the general public. (You can probably guess where this is going!) This colleague has reported the comment made, citing that it could bring the Trust into disrepute. Less than 24 hours later I was brought before my line manager and read the riot act, I was immediately remorseful and apologised profusely. Agreeing with all requests that I remove the post and make a formal apology. I attended an investigatory interview in December 2012, during which I felt that I should mention to the investigating officer that the person who had reported me had also made such remarks in the passed as for me to question their intention. I was told to "park it" and told that raising this would "not make things easy for me". This was not noted in the minutes provided after the meeting. In response to this I told the investigating officer that I felt it was relevant, as I felt it was part of a wider act of victimisation. This was misconstrued in the meeting notes as me saying that I felt that the insensitive remark was relevant. Something I did not say, and have asked to be redacted. During this interview I remained regretful and apologetic, demonstrating that I understood the seriousness of the matter and did not wish to dispute that what I had written was insensitive. During the interview I was told that the likely outcome would be a sanction, and that if I agreed to Fast Track this then there would be no need for a hearing. I agreed to the Fast Track. This was denied, and my Union Rep was notified in December 2012 as to why. I was not told this until January 2012 when I received new paperwork pertaining to a disciplinary hearing in March 2013. The main reason for the disciplinary is stated as "bringing the Trust into disrepute", however if my employer was only visible to myself, and only the work colleague who reported me knew exactly where I work I am unsure how this can be the case. I do not wish to take my Union rep along to the hearing as they are utterly useless. I am at a loss as to what to do though. I have already begun searching for a new job as this process has affected my mental health adversely. I have had to increase my anti-depressant medication, been attending staff support for counselling, and have become very anxious, stressed and depressed. I don't know if anybody will read all this, or be able to suggest something but I just needed to "offload" as I cannot trust anybody at work at the moment.
  17. Just had a phone call from a friend who I helped out with some debt issues a couple of years ago. She is on ESA, and does not work any more. Recently seperated from her husband, and recives a small amount of board from two teenage children who live with her (both on JSA after collapse of family business). She receievd a "Statutory Demand" from Royal Mail for a business account debt (about 9K) in september last year. She had no grounds to have it set aside, and Royal Mail would not accept a token payment, so she basically said "well, make me bankrupt then. I've no assets, no income, and shed-loads of other debts". She has received a "Creditor's Bankruptcy Petition" today, by personal service, saying she has the petition will be heard at the beginning of march. She does not intend to contest the petition, The debts which I helped her with a couple of years ago (which all have ignored CCA requests, but no PPI) total arond 30K (not including the Royal Mail one) Debts are nearly all related to setting up a business with her husband which was never very successful, and trying to keep it afloat - some of the other debts are joint, and husband has around the same amount of personal debt - he is on short-term sick whilst recovering from a bowel operation in November. Questions... Does she have to attend the court on this day? What information will she need to take? Will she need a solicitor to attend with her? Is there any other information which I should pass on to her? Thanks
  18. I am looking for some advice please, as well as any information on similar experiences. I have read through as many of the relevant threads during the last 4 days as I could find and would now request some help for my own case. On 21st January 2013 I was dismissed from the place I have worked at for over 8 years. I am yet to receive the paperwork so I cannot be 100% accurate on the terminology yet but the manager stated that I was being dismissed as he "wasn't convinced that I could provide regular and effective service in the future." A little history.... I had been off sick from 24th October 2012. I had been told by my doctor that I should not drive. I had medical certificates for my entire absence. I saw the Atos doctor in early December, as arranged by my employer, who stated that I was not fit for duty but he could see no reason why I would not make a full recovery with no future ill effects from this illness. At the beginning of January I felt well enough to return to work on full duties and informed my employer on 3rd January that I would be able to return to work the following day which was when my sick note ran out anyway. The following day I returned to work to be told that I could not return from sick leave until the Atos doctor had stated that I was fit to return and so I was to remain on sick leave and a referral would be made. Later that day I was invited to attend a capability hearing on 21st January. When the hearing took place to discuss "my current fitness for work, whether I would be able to return to full duties in the near future and whether there were any adjustments that could be made to support my return to work." the Atos referral had still not been made and so the manager used the previous report which stated that I was not fit for work. They also did not discuss any of those things and only really spoke about how bad my attendance had been. My sickness record has not been very good but a lot of my sickness has been due to pregnancy related illness which cannot be used in a disciplinary setting as far as I am aware. In the past 12 months I have had three periods of absence: 71 days for the last illness, 72 days for stress and 19 days for an ear infection. During the hearing, my manager stated that in the past 4 years I had taken in excess of 300 days of sick leave. Unfortunately, being very naive, I had gone into the hearing horrendously unprepared and therefore did not have my own copy of the figures to hand (I'm sorry CAGGERS, I kick myself for this now). Still, this seemed very high to me and I sought clarification (twice) that these figures were correct and did not include any pregnancy related illness. I was assured that this was the case. However, upon checking my notes I have found that in fact in the past 4 years I have only had 179 days of sick leave and that only 17 of these were from before 2012. Where he got his figures from I do not know. I really hope to God that they document these figures he gave in the minutes. My union rep does remember that the figure they gave was close to a quarter of the stated time period (365 days of 4 years approx.). At this point I do not really know what else to tell you. I would really love any advice on how to approach the appeal. I have written out all of my evidence and arguments (as best as I can) which I am happy to share but I do not know anything about the appeal process and whether it is appropriate to do a lot of talking and raise concerns. Can anyone help me? I promise that I am not looking for someone to do all the hard work for me, I've been sat here for days working on this, it's just that I have seen on here that there are so many knowledgable people who might be able to help me to fight against this poop decision! Any questions, feel free to ask. I know this post has been mega long and if you stuck with it, you have my sincere thanks. Oh and a few points I know you'll want to know.... 1) I am a member of the union. I was accompanied to my hearing. My rep does not seem too fussed in my case, I think that they are getting so little facility time and are so busy that it is a pain in the bum for them. 2) I have a full copy of the attendance procedures policy. 3) I wasn't on any form of warning regarding my sick. 4) I have started putting together my ET1 form as I know that work are going to drag their heels on this. They always do Please help, I'll be so thankful.
  19. Can anyone help. i have been to court this morning, the hearing has been adjourned for 3 weeks. The story so far. I have a loan from November 2007 and matures in November 2012. I have arrears to the sum of £3000. The initial loan was for £5500, i have currently repayed £7685 and the original amount including interest if i hadnt got in arrears is £7937. Now, i have got the FOS involved in July 2012 as i have over £2500 in charges, administration fee, direct debit recall fee, solictors fees, default fee's. I called them today and they havent received paperwork, i am sending this again today. Ok what the DC has decided today is to adjourn for 3 weeks, and i have to put a full witness statement to them with 7 days. Firstly. do i have a claim with the dis proportinate charges and interest. Secondly how do i do a full witness statement. Can someone please help?
  20. Hi, I'm struggling to get my head around this for some reason. I have a PHR for the following matters to be decided: 1. Whether to strike out all or part of claim as it has no reasonable prospect of success. 2. To ascertain what is/are the claims. What the issues are in the claim - the matters in dispute the ET will decide. Whether any further information is required of either the claim or grounds for resistance. 3. To make such orders as appropriate for the hearing inc disclosure of relevant documents, preparation of sets of documents, preparation and exchange of witness statements. 4. Allocating time for hearing after consideration of the parties estimates of it's likely length and to fix date of hearing. 5. To make such other orders and directions to achieve an early and just conclusion of the proceedings. Lastly, to consider that some or all of any party's case has little or no reasonable prospect of success to make an order for up to a £1000 deposit. I have submitted ET1 for Disabilty discrimination, breach of implied mutual trust and confidence, failure to follow own grievance procedure/failure to hear new grievance, failure to make reasonable adjustments and support any return to work, protected disclosure. Although with the p/disclosure, I now think technically it was not made in good faith so will ask for it to be withdrawn - what's the best way to word it without rubbishing other claims? Respondent has said my claim is time barred, no disabilty exists, protected disclosure not made in good faith, lack of reasonable belief, no detriment and requested the PHR. They submitted a 28 page ET3. I've never been to an ET although have read up on them and no idea what to take with me to this PHR. Also, I remember a few posts on here stating do not resign while still been employed. Why? Would using test case be helpful for my claim at the PHR and where would I find the relevant ones? Any advice much appreciated.
  21. Hi Ell-enn/all, NRAM are taking me to court on 12 Feb 2013 for possession of my property. I have read your very helpful guide titled 'Dealing with the threat of Repossession or Eviction' and have picked up several tips in order to put forward my defence. My circumstances are that due to depression (for which I was on medication) I was unable to maintain my (self-employed) business and fell into arrears (about £4,500 on a monthly payment of £898 (interest only) at the moment). I am currently actively looking for work and claiming benefits for my wife and I. I have no current income (and savings that are heading towards zero) before the benefits kick in (which shdould take a few weeks from here) so I am not able to maintain my current contractual mortgage payment (or work to clear the arrears) until I get a job (hopefully in the next few months). Other than following your guide (i.e. showing evidence of my illness that caused my work issues and a copy of a recorded delivery letter I am writing to NRAM tomorrow (referencing conversations I have had with them)) is there anything else you would recommend I give to the court before the hearing that would be beneficial for me? Is the fact that I cannot offer payments to NRAM at the moment until benefits/job kicks likely to be quite bad news for me via the court? Many thanks.
  22. Hi guys, Im just new on here and was looking for some advice. I was suspended 4 weeks ago pending further investigation. 6/12/12 Ifell ill, I declined the ambulance as there was no need for me to attendhospital and I felt safer and more comfortable attending the surgery of my ownphysician. I was told the ambulance was mandatory and I had to go with them. Whichis why I said I went to hospital, I was scared that I was going to get intotrouble for not going after being told it was mandatory. During theinvestigatory meeting I felt pressured and ganged up on which is why I toldthem what they wanted to hear. I am not a dishonest person, I was afraid ofwhat would happen if I declined the ambulance. (I was re-assured by theparamedics) A few daysbefore the events of the 6th, I found out that one of my goodfriends had been going behind my back and abusing my trust by not only tellingthings to other member of staff but also but by making sure people in work hadthe wrong idea about me. There has been a rumour flying around the workplacethat I wrote a letter complaining of another staff member using her phone whileworking at her desk. This is untrue as I had no idea the incident had occurred untila few days later and I think this is one of many things which has started thewhole thing. The reasonI told the girl in question the things Itold her was because if the information I received was in fact true, then Iknew she was going to go running to a certain staff member whom I don’t get onwell with. It turned out the info wascorrect, however I was trying to resolve a problem outside of work by usingthis to my advantage and to make sure I kept it out of the workplace as I didn’twant it affecting my job. My former manager taught me to control my emotions and helped methrough a lot of things last year. I was not about to throw that back in herface by bringing a personal matter into work. (Even though the girl took itupon herself to do so) I made the wrong judgement call by telling her anythingat all and I will admit that. But I still maintain that what I told her was alie as I was trying to resolve a problem I had with another staff member and Itried to do so outside of work so I could at least keep both my personal and worklives separate. I feel thatthe treatment of this matter has been dealt with wrongly and I have not beenable to prove my side of things. This has happened because I was denied myright to have a union rep present in the 1st meeting which led theHR woman to feel she could talk to me any way she pleased and that includedbadgering / harassing me for info when I knew nothing about the meeting takingplace or had the chance to prepare any sort of statement for it. Theinvestigatory meeting resulted in my being suspended when there had been noinvestigation at that point and the managers responsible for the suspensionwere basing their facts on hearsay and not true facts or events. This hasresulted in me losing my bonus for the quarter, left me in fear of my job andnot wanting to come back to that department. I have been left embarrassed, severelystressed out and on the verge of depression. I was told that I was not allowedto speak to other members of work regarding the issue, but my sister works for mywork, does that therefore mean I cannot speak to my own sister re the matter?? I have workedfor them for almost three years now. Ienjoy my job and used to enjoy coming to work until I felt bullied to a pointwhere people were talking and laughing about my behind my back making me feel uncomfortable.I treat every customer I deal with, with respect and how I would like to betreated myself. To be told that I cannot be trusted with customers and theiraccounts on a daily basis as a result of the recent allegations is insulting tosay the least due to the fact it has never been investigated properly andpeople just jumped to silly conclusions without giving me chance to defendmyself. This is the important stuff which has come into question resulted in my suspension. Really sorry for the long thread but could someone please help me?? Thanks Munchkin x
  23. I have had a disciplinary hearing letter from the company i work for, relates to an incident on 14th December where i shouted at my boss and threw some cutlery on the floor in the heat of the moment. The letter is dated yesterday my boss has seen me loads of times since and never mentioned what i did i thought shed just let it go.......... At the time i text & apologiesd for what i did and said it wouldn't happen again. She did not make any comment in reply. I've only been working 2 months for this company. Over xmas i didn't turn up for work one morning (hangover) I know that this is really bad, i got in eventually and stayed late to make up for it. I hoped they would see that it was christmas and that id made it up. I then receive a letter yesterday titled "disciplinary meeting" with my line manager and the hr manager and they have invited me to bring a representative with me. The letter states the date 14th Dec when the incident happened and 30th Dec when I was late. What I would like to know is: Does this sound like a dismissal meeting? Are they allowed to bring something up that happened well over 3 weeks ago that I've had no other communication about? Why did they send it recorded delivery? What is the purpose of me brining a representative?
  24. I have a friend who is in a bit of a pickle regarding a car on finance - although not through a major finance company, but it is a agreement under the CCA. Basically, she stopped paying because she was out of work, get another job started paying again, then stopped again. I'm not sure of the amounts, but there is around £1,500-£1,700 still left on the agreement. To cut a long story short, a money judgment was obtained for the arrears. During this time, she moved so never received any further communication regarding the matter for well over 18 months. Today, a court notice dropped on her mat with a Return of Goods Hearing for next week. She has not received any other paperwork regarding the hearing, no other claim form or admission form. I believe she should have received an N9C form stating what her intentions were. The major problem she has (really stupid she knows) but she sold the car. I can't find any definitive answers on what happens at such a hearing and the fact she did not receive any other papers seems a bit odd. She has a relative who can lend her the money to pay off the full balance outstanding under the agreement before the hearing, but I don't know if this will solve the problem or not. I can't advise her as I can't really find anything out. She says it's impossible for her to attend the hearing with only 5 days notice and in any event she is working away for the next couple of weeks. If there is anyone who knows anything about this procedure, I would appreciate your input. I have told her to contact the Court first thing on Monday and explain that she has not received the appopriate forms for her to respond to the claim and what she should do to try and get the hearing adjourned and tell them she is intending to the pay the claim in full. Also, once the balance is paid in full, would this then make the ROG hearing null and void? She is obviously really worried about this and any advice I can give her to put her mind at rest would be great. Thanks. Any thoughts?
  25. Hi there I have posted about this debt on the debt forums but now I just want to know what will happen on the 14th. I have not been served with the petition as yet - they said they were not in my area at the time I said I was available and have sent the petition back to the creditor. I have paid £600 and made a payment arrangement with the creditor and I have paid the first months payment. I can not reach the bankruptcy clerk on the phone as he is never at his desk. So what will happen on the 14th? Thanks
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