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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Asked to accompany colleague to disciplinary


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Guest louis wu

Can't help with what your supposed to do, but I would say your freind has made a good choice in asking you to attend. Your help and advice is always practical, accurate and sensitive.

 

I think your their, just to stop your colleague saying things that will drop themselves in it, but hopefully someone who knows about these things will give you a full rundown.

 

louis

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management).

 

You should talk to your colleague first and help then to make a list of things they would like to say as, sometimes, in meetings of this kind, it can be difficult to remember everyting that is relevant. Quite often people come out of meetings and say "I wish I had remembered to say this/that".

 

It is also important that you make notes throughout the meeting, as your colleague may not be able to take down or remember everything that is said, and if she has to appeal against any decision, the notes may come in useful.

 

Hope it goes OK.

 

Kind Regards

 

Ell-enn

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

As someone who has chaired more disciplinaries than I would like to recall I suggest:

Speak to your colleague and ask them to tell you everything. Firstly, reassure them that you will be discreet and will not blab around the work place.

Tell them that some facts may come up at the hearing that they may not have mentioned to you due to embarrassment or think are unimportant. Remind them you're on their side if they are honest and open. I have lost count of the times reps stay silent with a shocked expression on their face.

Take notes at the meeting.

Don't be afraid to call a short halt to consult these notes and to talk to your colleague. If necessary, ask if you may leave the room to consult in private.

Don't be alarmed if the chair calls a break - you may have rattled their case (it happens).

Don't bring up irrelevant subjects like 18 mouths to feed at home and grandmothers who are in prison - the hearing is about workplace conduct.

Ask the chair if they have evidence that your colleague has been given / notified of the company's policies for disciplinaries, grievances and whistleblowing (whichever is relevant). Signed receipt of a company handbook / letter of employment saying these policies are in place and available to all is sufficient for the employer as it is then up to the employee to read these. If there is no such evidence use this fact.

If your colleague did make a mistake encourage them to to say sorry before the meeting ends and to explain how they intend to improve in the future. If necessary ask them to produce an individual development plan with clear and realistic time lines for completion.

This should go a long way as most disciplinary policies do not set out to be punitive but to prevent future wrongdoing, also many companies do not need the stress and expense of a tribunal and will try to resolve the situation in-house.

Above all, the employer does not need have to have proof that a crime or definite misconduct has taken place, just that they have to have a reason to believe it has. They are not a court of law, and in rare instances will be prepared to go to tribunal, so make sure you have the story straight .

Good luck, and let us know how it goes.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Hi Cal, thanks for pointing that out - the company I work for are OK with it, but I take your point that most may not be.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management). Ell-enn

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

 

I thought that's what I'd said :confused: but happy to be corrected

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have been asked to accompany a colleague to a disciplinary re poor attendance - what am I expected to do?

 

Check your employee handbook.

 

One company's disciplinary rules differ to the next so it is a little difficult to advise you on what you can or cannot do in the meeting.

 

Also, you will have protection from victimisation should you be concerned that your employer will make life difficult for you in the future should you accept.

 

Have a long chat with your colleague and take notes to discover any possible mitigating circumstances as to why their attendance is so poor.

 

The aim should be to try and get as least a penalty against your colleague depending on how serious the poor attendance has been.

 

Will you post up a bit more once you have a better understanding of the case against your colleague?

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