Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Suspended from work after 2 complaints to company.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2089 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I got into work today to be told that the company has received 2 complaints, and that they are suspending me on full pay whilst they are investigating the complaint.

I think it all stems from a post I put on facebook.Here is the post:-

 

So,a particular driver thinks my brother is talking all the time at Friar Lane does He?.Considering my brother cleans more buses than the other 2 cleaners,you are incorrect,and have failed to secure any brownie points.If you think you are clever being a grass, then read this......I am a bigger grass than you.You better be careful now, because I will be gunning after you.The slightest thing you do wrong, or fail to do, I will report you, and that includes failing to fill your defect card out correctly,or failing to record defects that I am aware of from previous days.BE WARNED,AND BE AFRAID.

 

I can only guess that the 2 complaints are from the other 2 cleaners.any advice would be greatly appreciated.

Link to post
Share on other sites

Who wrote this? You did?

 

 

Well IMHO it reads like a playground argument between two 9 year olds.

 

 

What is the company?

 

 

Personally I'd be locking my FB account right down, or coming off it all together, those veilled threats will get you into all sorts of trouble, and not just with your employer.

 

 

I don't know the whole story, nor do I want to, but taking out your anger via social media is never any good, people will always read far too much into it and will always make assumptions.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Could be grounds for Gross Misconduct. Could be bringing the company into disrepute, but that's down to the investigating officer. Never a good idea to have an argument about work on Social Media - some one is always watching.

Edited by borisbeaver
mistype
Link to post
Share on other sites

Gimmi my ball back, I'm going home.

 

Any advice???

Grow up

Honestly, I'm not normally blunt but you really need to grow up. Facebook rant... Come on. You should be bigger than that.

Id be deleting facebook or at least suspending it for a while.

Rants on facebook can get you in trouble at work

Link to post
Share on other sites

Borisbeaver,How can this be bringing the company into disrepute when it was my own personal opinion of 2 members of staff?.The company has not been mentioned, nor any of the management, nor any names,(although I did mention 2 cleaners).

I have been looking at Witham v Club24,where an employee won her case against dismissal.

Link to post
Share on other sites

How many bus companies or cleaners are based at Friar Lane? Easy as pie to identify someone from that. And threatening behaviour to boot.

 

I'd be expecting your cards.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Are you in a union? Consult them immediately if you haven't already.

 

Get a copy of the company's disciplinary policy so you know what happens next.

 

The Witham case isn't very similar to yours. Searching the internet for cases of employees dismissed (or not dismissed) for what they posted on Facebook will confuse you more than it will help you unless you have a lawyer to guide you though them. The company could well decide it is threatening behaviour towards other employees.

Link to post
Share on other sites

Witham called people planks. You’ve suggested a campaign of harassment . How are these things alike?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

If you aren’t based at Friar Lane & no-one can work out the company: check your company’s social media policy.

 

If it is TrentBarton at Friar Lane, how are you planning on showing it wasn’t bringing the company into disrepute?

Link to post
Share on other sites

When will people learn that NOTHING negative written about work or colleagues on social media is 'safe'. It matters not whether the name of the organisation or those that work there are mentioned. Your 'friends' will know where you work. They will have an opinion of that workplace and it's employees based on what you have written. They may pass on those opinions to others in a wider audience and those opinions 'could' bring the company into disrepute

 

Anger against those who may have wronged you may well be justified, but Facebook is not the right place for threatening retribution (in fact nowhere would be appropriate for what you have said and how you have said it) and even from what you have posted here, it is not too great a stretch for any employer to make an allegation stick for bullying, harassment and bringing the company into disrepute.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

you should also be aware that the first person to take their employer to a tribunal over being sacked for private postings on facebook lost hands down, even though they had their settings limiting their comments to a select few. Tough said the tribunal and the upper tier at appeal.

 

 

One might sympathise with your plight regarding work practices and the output of some of your brother's colleagues but this really is a suicide note if the employer decides they are going to act.

Edited by honeybee13
Paras
Link to post
Share on other sites

So you are saying that warning a colleague that if he/she fails to legally record any defects on the defect card which is a legal document,that you will report them is bullying threatening behaviour??.

If I had said,if.....etc etc,I will get someone to kill you, or set your house on fire, or beat you up on a dark night, then yes that is threatening behaviour, but warning someone of the consequences of not filling a defect card out properly is not threatening behaviour.Where is the threat in that?

Link to post
Share on other sites

Borisbeaver,the issue concerns a colleague/ colleagues, and was aimed at such, not at the employer.Nor was it concerning the employer.

And as Bazooka Boo states, "people will always read far too much into it and will always make assumptions".That is exactly what someone has done.Misconstrued it entrely.

Link to post
Share on other sites

There are also plenty of cases where an employee has won a case of unfair dismissal at tribunal, and at an appeal by their employer as well.There ar eloads of cases in Selwyns Employment Law Book, which I have at my disposal.

Link to post
Share on other sites

There are also plenty of cases where an employee has won a case of unfair dismissal at tribunal, and at an appeal by their employer as well.There ar eloads of cases in Selwyns Employment Law Book, which I have at my disposal.

 

After posting threatening comments against other staff members on social media? Could you give us some examples?

Link to post
Share on other sites

So you are saying that warning a colleague that if he/she fails to legally record any defects on the defect card which is a legal document,that you will report them is bullying threatening behaviour??.

If I had said,if.....etc etc,I will get someone to kill you, or set your house on fire, or beat you up on a dark night, then yes that is threatening behaviour, but warning someone of the consequences of not filling a defect card out properly is not threatening behaviour.Where is the threat in that?

 

Seriously, now you're trying to put a spin on it? What you've posted is threatening and bullying and can't be viewed any other way (except by the author).

 

If you wanted to advise somebody to complete a defect card correctly you'd just tell them, not post a rant featuring sinister undertones in the public arena.

 

What's done is done, it's out there now and you need to be focusing on a damage limitation exercise here and work out how to proceed, but no way would I try to come up with any excuses or accuse people of misinterpreting it, because it's a) a ridiculously daft thing to post on social media and b) it crosses a line because it is threatening.

Link to post
Share on other sites

You show me where in the employers handbook it states that all breaches of company policy and breaches of H&S law shall be published on facebook rather then being reported via your normal management structure and I will eat my words.

 

 

you are in a hole, stop digging and if you cant stop digging at least stop throwing the dirt into other people's faces.

 

 

Peopel come here for help and advice, you will hopefully get something tangible when you realise what a mess you are in and try and offer your company something to make them consider keeping you (and others) in your present role. I would start off with a bit of grovelling and say something like how much you enjoy your work and the peopel you work with- temporary aberration of misuse of procedure and goodwill to try and sort out a problem but can see that it was inappropriate mehtod of doing things, have no reaquainted myself with company procedure, will apologise to all about thsi never to do it again etc..

 

 

So you are saying that warning a colleague that if he/she fails to legally record any defects on the defect card which is a legal document,that you will report them is bullying threatening behaviour??.

If I had said,if.....etc etc,I will get someone to kill you, or set your house on fire, or beat you up on a dark night, then yes that is threatening behaviour, but warning someone of the consequences of not filling a defect card out properly is not threatening behaviour.Where is the threat in that?

Link to post
Share on other sites

Some people post asking for advice & actually want advice.

 

Some people post asking for advice but then you see from their responses that they actually don’t want advice, just validation of their preformed views......

Link to post
Share on other sites

Not removing the post from Facebook but basking in the adulation of 'friends' will not help the case either....

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...