Jump to content

Scorpius

Registered Users

Change your profile picture
  • Posts

    10
  • Joined

  • Last visited

Reputation

1 Neutral
  1. To mcfadwmc - thanks for that. In fact I had the best employment lawyers around paid for by my union. The law is not that cut and dried unfortunately. It's a question of establishing employee status first. There is also no automatic right to permanent status after two years continuous work. It depends entirely on how the employer interprets the legislation. The EU instructed all member states to give force to the principle that regular continuous casual workers be given permanent status after two years but not every state complied with adequate legislation. Ireland, for example did, but Britain certainly didn't. The main thrust of my Employment Tribunal case would have been establishing employee status. But, the settlement meant this was never tested. However, by awarding me an enhanced redundancy payment and also they didn;t admit it, they were de facto recognising my employee status. Whether the PPI providers accept this, however, is down to the individual company. Some will, some won't. Thanks for the input though it is much appreciated. To bathgatebuyer Yes, I'm having the same problem with Halifax and will, undoubtedly, have to go down the same route as yourself. Sadly, despite my appeals, the decision by my former employer not to sign my PPI forms ultimately came from the top. Thanks though.
  2. UPDATE As a result of my taking a grievance procedure complaint against my former employer for an increased redundancy payment equivalent to that which would have been paid to a 'staff' person, I had THREE grievance hearings. My previous employer initially said I was not entitled to a grievance hearing under the terms of the staff handbook since I had never been staff but was merely a casual. However, I reckon because I also took an unfair dismissal action through my trade union and its solicitors, they agreed to "favour" me with a grievance hearing "because of my length of service (more than five years) as a casual". I had to point out to them that an addition to the staff handbook some months previously stated that the staff disciplinary and grievance procedures were also to apply to casual! They hadn't even read their own handbook, let alone been familiar with the basics of industrial law or, perhaps, just chose to ignore the latter. Anyway, with the Employment Tribunal case looming (management had already sought one adjournment) they began to make me offers. First doubling what they had already given me. I held out for more and we basically split the difference and reached a compromise agreement. I ended up with an enhanced redundancy payment which would have been more or less what an Employment Tribunal would have awarded me IF it had found in my favour. Anyway, that it just updating you on the background. Regarding my claim that PPI was never applicable to me because, although I considered I was in full-time employment, albeit as a casual, the employers said I wasn't and that should be the end of the matter. One credit card company Beneficial (part of HFC/HSBC) , acknowledged my problem and cancelled my PPI payments saying that since I was in benefit when I became unemployed then I should be able to claim no matter what the employers said. They sent me a claim form which I completed and returned. I am awaiting the outcome. Another company, MBNA, acknowledged there to be an issue, cancelled my PPI and refunded me three months PPI payments to my account as a token pending the outcome of the Employment Tribunal. Of course, since there was a compromise agreement and no hearing or decision that leaves me in limbo once again. Although, I have written to the MBNA seeking a full PPI refund and await their reply, I've just settled my outstanding MBNA debt with a partial payment of just 33 per cent of what I owed them. Quite an achievement I reckon, since those who will entertain partial payments want at least payment of 60 per cent of the debt repaid. HALIFAX on the other hand, have been really Bolshie - refusing to entertain my PPI stance and selling my account on to a debt collection agency who are now threatening me with court action (I've stopped paying ALL my credit cards since, although I had a few casual shifts elsewhere after my job was made redundant, I haven't been in regular work and haven't had any work since before Christmas.). So, some progress - but it seems to be dependent on to good will of the individuals who work on delinquent accounts! There are no hard and fast rules/laws to cover contingencies such as mine. Ironically, it seems that the best way out of this kind of credit card debt is to stop paying them and, after a few months of letters to and fro, they finally accept partial payments. OK if you can manage it and if you don't want to seek future credit since the partial payment is recorded against you on the credit reference agency databases for six years which virtually wrecks your chances of further credit. I had no compunction about ceasing my payments (not that I could keep them up anyway being unemployed) since the credit card companies have all made a fortune out of me over the past decade. They have certainly got their monies worth. In fact, I reckon they could all just write-off my debt and still have made a sizeable profit out of me. A point I will be making when trying to settle with the rest of them. Wish me luck! I'll keep you posted on the PPI issue.
  3. Just wondering, because I can't see it mentioned in the threat - you have cancelled your PPI haven't you? Scorpius
  4. Need some urgent advice/help on PPI since my employer has refused to confirm my employment status details for the purposes of my PPI claims.http://www.consumeractiongroup.co.uk/forum/images/icons/icon4.gif I have several (far too many) credit cards which I've acquired over the years and took out PPI with all but one. Anyway, briefly, my job was made redundant last February. I had worked there regularly, albeit as a 'casual' for more than five years doing 36 hours per week. Although I received a small 'ex gratia' redundancy payment, I took a grievance procedure complaint against my former employer for an increased redundancy payment equivalent to that which would have been paid to a 'staff' person. I am also taking an unfair dismissal action through my trade union and its solicitors - the case has been listed at the Industrial Tribunal for August 29. When I sent off the first PPI claim form to my former employer, a human (inhuman?) resources manager refused to confirm that I had been working full-time, had been in permanent employment and that my reason for leaving was redundancy. They photocopied the form - which I had completed - crossing out 'permanent employee' and 'full-time work' and 'redundancy' inserting instead 'temporary' and 'part-time casual' and 'cessation of casual shifts'. More than five years can hardly be classed as temporary, 36 hours is not part-time (it's the same number of hours staff people worked) and my final pay slip clearly states 'redundancy' next to my 'ex gratia' payment. I'm sure they did so because of the action I am taking against them. The employer is disputing the right 'casual' workers now have under employment law in England and Wales to be classed as employees and thus have the same legal protections and rights as 'staff'. Anyway, their refusal to confirm what I considered to be my employment status - the basis on which I have been paying substantial PPI - virtually obviates any chance I have of a successful insurance claim during my recent post-redundancy employment period. I have not yet explained the situation to my credit cards companies but intend asking for a refund of my PPI since I paid it in good faith and on the understanding that I met the very rigid criteria they set - which includes being in full-time, permanent work and certainly doesn't cover 'cessation of casual shifts'. I doubt if there is anyone in the CAG forum who has been in a similar situation but if there is, I would certainly like to hear how they resolved the matter. And, of course, any advice from anyone else would be greatly appreciated. Scorpius. http://www.consumeractiongroup.co.uk/forum/images/icons/icon9.gif
  5. Hi again hellhasnofury, Yes, I'll have to dig out all the relevant documents - I'm sure I have everything they would have sent me - if I don't have it them they didn't send them to me. I doubt if I have copies of the original agreements I singed but, as you say, I can ask for these by S.A.R - (Subject Access Request). I certainly didn't know at the time I could have got the iinsurance cheaper elsewhere - I thought they were dedicated policies and that was that. In two cases I don't recall the terms and conditions being explained either by the salesman or, subsequently over the phone and, as I said, I'm sure I didn't get a copy of the terms and conditions. Until I looked into the matter last week, I had no idea of what I could expect in the event of redundancy from either of them. In relation to another credit card, I did get details, long after I signed up so the 30-day cancellation time had passed so I didn't cancel. When it comes to financial small print I guess I'm like most people - I just (foolishly) don't read it. But the fact remains that neither the credit card company nor the insurers made me aware of specific limitations and exemptions and there was pressure to sign up to PPI. Yes, I realise I have to sort out those documents, which will undoubtedly assist my recollection. You asked if I have other insurance like a critical life insurance or pension - forgive my ignorance but why would other insurance be relevant? Anyway thanks for your help - I'll spend the week-end sorting through my mountain of accumulated files and won't post again until I've done so. Regards
  6. Hi progenic7 Well, technically I'm a freelance, although I had 'regular' casual work at the time with one company which was deducting standard rate tax and national insurance at source. Anyway, I didn't receive any key facts explaining the exemptions from any of them and in some cases, even though the salespersoon implied that I'd stand a better chance of getting the card if I singed up for PPI, did not subsequently receive PPI terms and conditions.
  7. Well done, Colin. Myself and the missus are about to take seperate actions against Nationwide.
  8. Hi all, I've just registered and did a general first posting before hellhathnofury sugggested I post to the PPI thread - should have seen that first! Last week my job was made redundant and since I'm at the age and in an industry where I'm unlikely to find work in a hurry, if at all, I've just begun to start the process of claiming on the Payment Protection insurance on my (several) credit cards. The forms I've received so far seem bent on ensuring that my chance of suceessful claims are minimised - such are the minefield of exclusions I have to wade through and myriad conditions with which I have to comply. Barclaycard's insurers and also St Andrew's (who took over MBNA's policies from Norwich Union), naturally want details of my Jobseeker claim (which I have yet to make). But they also insist on monthly details of my efforts to find work including copies of application forms and letters, interview letters as well as rejection letters! They state they won't pay out unles they get them every month. If the other insurers follow suit then I'll be spending so much time compllying with these demands that I won't have time to look for what little work is out there for me! Anyway, since so many PPI policies have been mis-sold - particularly prior to regulation in January 2005 (?) I was wondering if I would be better served by claiming refunds prior to cancelling my policies rather than actually makng a claim on them. I've read lots of the PPI thread postings and many of them are most informative. However, does anyone have experience of successfully reclaiming PPI from credit card companies? Any help would be much appreciated.
  9. Thanks to hellhasnofury for that - will do.
  10. Hi all, I've just registered and this is my first posting. Last week my job was made redundant and since I'm at the age and in an industry where I'm unlikely to find work in a hurry, if at all, I've just begun to start the process of claiming on the Payment Protection insurance on my (several) credit cards. The forms I've received so far seem bent on ensuring that my chance of suceessful claims are minimised - such are the minefield of exclusions I have to wade through and myriad conditions with which I have to comply. Barclaycard's insurers and also St Andrew's (who took over MBNA's policies from Norwich Union), naturally want details of my Jobseeker claim (which I have yet to make). But they also insist on monthly details of my efforts to find work including copies of application forms and letters, interview letters as well as rejection letters! They state they won't pay out unles they get them every month. If the other insurers follow suit then I'll be spending so much time compllying with these demands that I won't have time to look for what little work is out there for me! Anyway, since so many PPI policies have been mis-sold - particularly prior to regulation in January 2005 (?) I was wondering if I would be better served by claiming refunds prior to cancelling my policies rather than actually makng a claim on them. I've read lots of the PPI thread postings and many of them are most informative. However, does anyone have experience of successfully reclaiming PPI from credit card companies? Any help would be much appreciated.
×
×
  • Create New...