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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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About to be made Redundant - Need Advice


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Hi,

 

I have just been given notice by my employer that they intend to make me redundant in two weeks.

I manage a small company and they are making my job redundant - Not sure how they can do that, but there you go.

So, as I have only been there for 15 months - No redunancy payment. Just a months notice which considering my salary level and senior position, I'm pretty annoyed at.

 

Now what I want to know is, do they have a legal duty to offer me an alternative position within the company?

The reason I ask is that they are attempting to recruit salesmen at the moment - And to be honest the job would be easy for me to walk into (I know the materials inside out,applications, construction, technical issues, limitations) and I know most of the people in the industry already.

The money and perks are the same as my job so there would be no change there either.

 

I have a company to see on Monday, so I might not need it but it would be nice if I could get six months as sales it would give me chance to get something that I actually want to do - Mind you, I might even like it, or I may even be good at it!!!

 

Thanks in advance.

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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I know how you feel!

 

Anybody facing redundancy should be entitled to a period of consultation, the purpose of which is to keep the employee in work if at all possible. On that basis you should at least be given the opportunity to apply for a position in sales if you consider this a suitable alternative and this should really be discussed as a part of your redundancy consultations.

 

Are you the only employee affected by the redundancies? Have you been given the reasons for your position being made redundant? Have they explained how the business will be 'managed' without the manager? Does the company employ any other managers and are they also involved Have they given you notice of why your job is redundant in writing? Have you been given the right to appeal the redundancy?

 

All of these factors are relevant and may mean that the employer has unfairly selected you for redundancy or breached statutory procedures. If proven, then it could be argued that you have been unfairly dismissed and be compensated for this as you have been employed for 12 months or more, not the 24 months required to be eligible for a redundancy payment.

 

Redundancy is a tricky area though, so personally I would not just hold out and hope that they have breached procedure, but instead would be asking some fairly direct questions of them. Don't forget that you are entitled to have a witness present at any meetings held to discuss your future.

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Hiya,

 

I have had the notice in writing - The senior management are not in the UK but consider that my job can be shared between the office staff and the MD - Not surprising really as they have no idea what my job is!!!.

My MD is not in agreement, but was in a minority of one, at the board meeting when the decision was taken.

 

I am the only person affected - They wanted a quick cash saving measure as the business is struggling through lack of sales.

 

I have not been given any leave to appeal as yet - I was only told on Thursday, so I am now at home for a couple of weeks to decide what I want to do, apparently. Consider where else in the group I may fit in etc.

 

This has never happened before so I really don't know what to do - Ideally I would like to be a bit of a pain in the Ar$e for them so that they offer me a decent payoff...Then I'll be on my way and go work for a competitor..;0)

 

But if not, the sales job would be ideal, certainly for the time being and I can't see them getting anyone any better qualfied..

 

So I really need to get some basics in place in a week or so when I go back in do I? Make sure I have everything in writing and that proper consideration is given to my sales application?

 

Thank you so much for your help, I really appreciate this...

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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No problem and thanks for the rep comment.

 

If the company have cited the reasons for your redundancy as the fact that the work can be shared around in order to save money then sadly this is a valid reason for redundancy. It would also seem that if they have given you the time to think about where else you might fit in then they do have some willingness to transfer you if that is deemed appropriate on both sides and you seem to have the support of the MD which might count in your favour should you opt to go for the sales job.

 

If I were in your shoes, then I would hold off on any internal application until I had seem the other company on Monday. You may well get a good feel from the discussion, and could of course ask for as speedy a decision as possible bearing in mind your circumstances. You might though need to be mindful of any closing date for the internal sales positions and end up having to hedge your bets a little. By all means make it a proposal on your part to remain in the company in a sales position when you meet with them and see what they say. In fact make a pain of yourself and ask them all the questions you need to - that is the whole point of consultation and you have the time off before then to think up a good selection.

 

Good luck and let us know how you get on.

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Yeah...I'm going to leave it till the last minute for the sales thing...Need a couple of weeks off TBH...

 

I will have a list of questions as long as my arm and have already warned them that I will be looking at the overseas sites too...I have no ties in the UK so a move would be easy for me...I only came back from USA two years ago anyway...

I just need to buy some time really...

There are things that they cannot do without me..They couldn't do certain things before I was recruited and that is still the case now - The justification for my position hasn't changed...There are also two external consultants currently contracted to the company at 1500 quid a month who don't really do anything...So, I'm wondering if I can use that to my advantage????

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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There are also two external consultants currently contracted to the company at 1500 quid a month who don't really do anything...So, I'm wondering if I can use that to my advantage????

 

By all means - consultation is an opportunity for you (as well as the employer) to ask 'why me' and to consider and propose an alternative to making your position redundant, so in those terms it is perfectly reasonable to propose a £3k a month saving.

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Well, I know the why me...It's coz I haven't hit the two year mark so the can pay me bugger all...;0)...Everyone else has been there for years..

I have also found out they asked the admin assistant to put togther a list of people and their time with the company!!!

That one got striaght out onto the shop floor...Tell you, they do stuff like that and then wonder why it's impossible to motivate the workforce!!!

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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  • 2 weeks later...

Well, got my meeting on Friday so I'll have a punt for a sales job - Can't hurt t ask...Is there anything they have to do in terms of considering me for the position????

If I feel thgey are dissmissing my application out of hand is there anything I can do??

 

Thanks again...

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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  • 4 weeks later...

Hi All,

 

Deleted this post as I was asking a question that no one could possibly answer...Sorry about that...Me panicking that's all...Cheers,

Edited by Multay
Unanswerable qustion...

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

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