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Blue Thunder

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About Blue Thunder

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  1. For the record. The split wasn't at all amicable. So there's no dialogue. And this just isn't on. Deeds is one thing. Fraudulent application is another. I was hoping for something a little more structured if somebody had a legal opinion. Maybe I should never have opened the mail. But I smelled a rat!! And it was proven.
  2. It's every business of mine. Using my name and my address to dishonestly obtain credit and a phone. If it's fraudulent then it's illegal. Simple. Then the law can deal with it the way it sees. But thanks anyway for your comments.
  3. Scenario: Ex wife left house in July this year. I remained in marital property (in joint names although I have always paid the mortgage and all bills). Divorced in November 15. She had already changed her name back to her pre-married name prior to moving out. She didn't turn up for Financial Order hearing at court - this has been adjourned until March16. I received post addressed to her former married name and as it was from a phone Company I was suspicious and opened it. 2 letters - one a Bank DD mandate confirmation and the second a Phone Bill for a new phone and two year calling plan - all made out in her ex name and at an address she doesn't live at. Whilst she still may have a legal claim against the house - I believe this to be fraudulent activity - any advice/comments would be welcome before I throw more money at my costly Solicitor. NB. Phone has not been delivered to this address - so she obviously sorted that one out with them or collected it. Also - shes no longer on electoral roll at this address so don't understand how shes managed to do it?
  4. Totally agree with you - but this is for a legal bod to answer presumably. Also, recently discovered that the meeting he attended was not pre-advised - he thought he was just attending his normal review meeting (he was in a probationary period) - they have referred to it as an 'Investigative meeting' - he was not offered any right of a companion ( not required for an Investigation meeting - unless presumably it leads to disciplinary) and was summarily dismissed by the investigative officer upon completion of the meeting. I don't know if different rules apply to people on probationary periods (I believe not according to ACAS guidelines) therefore the meeting and dismissal was completely against procedure. Wasn't it? Also........ Get this - they waited 25 days AFTER having received his reference before firing him???? So...... he's deemed to be untrustworthy etc etc - BUT they allow him to continue working for almost 4 weeks................ Not acceptable and also against ACAS procedure isn't it? Would appreciate any comments please. Thanks Blue
  5. Update: Written to CEO and obtained an appeal hearing - ideally need somebody with some legal knowledge as a witness - but they say either a colleague or Trade Union representative. He hasn't joined any Union - so where does he stand? Any advice would be appreciated. Can he get some help from the Union, even if not a member and somebody with good tribunal/appeal knowledge?
  6. Thank you - I have strong reservations about the former Company owing to my other two sons who work there - but totally agree with your sentiments. Without this fact I would have NO hesitation in pushing on that case.
  7. Thanks Rebel, I feel so strongly about this I want to take it as far as possible and yes I have considered this. Its a humane issue more than anything and its just not right - technically they may have done nothing wrong - but in this day and age it just is not fair. I do have a problem with the first Company though as i do not wish to jeopardise my other sons' positions there and compromise them. Thanks for the advice - I will certainly make contact with Usdaw though. Regards Blue
  8. Thanks HB - I added a couple of line spaces in where I could but didn't want to break it up too much as it existing para was in itself already punctuated I thought. I await some further advice - from fellow cadgers hopefully later. many thanks Blue
  9. Hi, I'm looking for some help and guidance please on behalf of a close relative who I believe has been subjected to a miserable case of injustice and is utterly devastated that he has now had his contract of employment terminated. I need to establish initially if there are any legal avenues we could pursue, or secondly what, if anything, can be done in a humane endeavour. The story goes something like this................. A guy is working for a major high st fashion retailer (he is 18 years old when his contract is terminated for Gross misconduct) he had been working, initially part time and then full time for them for 364 days when he is invited into the staff room to discuss issues about his timekeeping. He is then confronted with senior staff who are accusing him of 'stealing' an item of clothing. The allegations have arisen from a former girlfriend of his, who also worked in the store, and he is threatened with all sorts of punishment - including police action - they actually had a police officer present. The allegations, by the way involved an item of clothing that had been allegedly stolen some time before this 'meeting' was called. There is no concrete evidence provided, only allegations and also further input from the staff Manager, who had a regular (unfounded) dislike for this guy anyway. The Guy felt threatened enough to sign a full statement admitting the claim and was instantly dismissed for Gross Misconduct and escorted off the premises. In mitigation, the Guy took the punishment (there could be an argument that there 'was' indeed a crime, but never proven only a confession), forced under duress and quite menacingly. His ex girlfriend's father is an ex police officer and to be honest the Guy was and still is quite naive. Additionally, and this is crucial, he also had two brothers who were and still are operating within the same Group (not store) as employees, one quite senior - and he had no intention of jeopardising their positions any further than necessary - he left quietly and dint pursue any further action. Having been out of work for a couple of months, this guy applies for and lands a position as a customer sales adviser with a well-known high street electronics retailer. He completes a two week residential training course and passes with flying colours. He is seconded to a store (in advance of his regular store being refurbished) which just so happens to be in the same Shopping Centre as his previous employer. Settling in well and becoming a star performer - he is soon confronted by store management who advise him that they have been visited by two employees from his former employer (regular shop floor assistants and friends of his ex girlfriend) who have told his new employer that he was actually dismissed from their store for stealing. His new employer advises him that they will be approaching his former employer for a reference (as its still outstanding - or perhaps not even requested at this stage. NB. on the original application form the guy put 'career change' in the box where it said 'reason for leaving' and not 'Dismissed' well you would wouldn't you! He did put his former employer's name down though as a reference.) We know for a fact that the reference was later sent to the new employer and in it they confirmed that the guy was dismissed - but also they gave him a very good character reference and went as far as to say that they were sure he had learnt a lesson and had no fear that he would become a good candidate for a future employer, he was likeable etc etc. This guy has now worked for his new employer for just under 3 months (the probationary period) and in the week before he completes the period he is visited without warning and interviewed alone, by an HR Adviser from the Company, who ask him to confirm the reason for leaving his former employee - he says he was dismissed but provides all the mitigating circumstances again - never denies anything or lies about anything (he still maintains that he chose to leave the former employee - rather than pursue an unfair dismissal claim, as a Career Change - which is what he put on his form. The HR Adviser, despite a begging plea from this guy basically says there is nothing they can do, and under the terms blah blah of the contract he is now deemed to be an untrustworthy person and his contract will be instantly terminated for Gross Misconduct. The Guy had performed very well, was in the top two performers in his store and has basically been tossed onto the scrapheap because of naivety and in attempting to rescue his life and career, he has been besmirched by a personal vendetta from people who were not satisfied that they had connived to lose him his first job - but they then set out to further destroy his life. I am this guys father - I am completely abhorred by the whole sequence of events. Notwithstanding his first alleged 'crime' hasn't he been punished enough? I know enough (i think) about the legal system to know that it rarely favours the little guys in the street and by all means he has very little legally that he can do here. But morally its all wrong. How can the two 'whistle-blowers' be allowed to basically victimise the guy even further ( they, believe it or not, were interviewed by their employer who believed their story that they were acting in the best faith of alerting a fellow retailer of an employees past history - because 'they would expect the same in return from a fellow retailer' - these two individuals have both since been promoted in their positions!!!!!!) As for the new employer - I simply don't understand why he has been further punished for an alleged crime. His 'crime' in this instance is not disclosing the real reason for leaving. It never asked if he was dismissed and lets be honest - nobody in their right mind would put that in those circumstances - he didn't lie - he answered the question naively and as he said, he could have fought that dismissal anyway). Why should that detract from his present performances with this Company where he has done nothing but shine..................... Its all VERY VERY wrong. Any words of comfort or advice would be presently greatly appreciated. I have a son who is on the verge of emotional breakdown over this. He loved his new job.......... he had one on Monday............. today he has nothing and a CV that records two jobs - two dismissals for Gross misconduct. He has been advised that he will receive a letter from his former employer detailing the appeal process - somehow I'm sure that will be a complete cul-de-sac though because of his time served. Thanks for reading and apologies for any typos!!!
  10. Thanks to you for that wonderful pledge. Unfortunately - and as an update - I have been put off the appeal process, as it would have taken too much to finance the risk as I needed to appeal and lose then appeal again until I reached the necessary court level within the system - with ultimately little chance of winning. I'm afraid my tale is one of woe and really I was badly let down by the present judicial system, and my own personal (paid-for) advisers. I am taking them to task at present against their undoubted negligence in my case. I await their response with interest. I am extremely close to financial oblivion unless they can rescue something from the fire. I now have a massive ccj against me and no earthly way to overcome it. With the right advice I would be sitting here with no default and just the original debt - which I never ever disputed owing and the ability to raise finance to repay it properly - now I have double the debt, a ccj and no way on earth to raise any finance to clear it. AIC told me right at the beginning that Amex would pursue me to bankruptcy as in doing so they could then benefit from writing the debt off against their corporation tax - I have to say that their sentiments are ringing true at present. As a former believer in justice and the way our country operated _ i can now see at first hand how manipulative, unfair and one-sided it all is. Try not to let this tale put you off though - I would implore anybody in a similar situation to enrol as early as possible, some qualified legal advice - the problem is - where from? How do you know what you will get. It's a turkey shoot and until something such as this Group can come up with qualified and affordable representation for the person in the street then I dont know what to suggest. Generally if one could afford legal help one wouldnt be in the situation in the first place. Legal Aid is not meant for the regular joe-public in my opinion and qualification is quite limited - the charities are also limited in their knowledge and what they can offer. Clear leigislation is required - there is too much of a grey area and too little expertise out there. I will post again when I have further hews and hopefully feeling a bit more positive.
  11. Hi Guys, again I am indebted to those of you pledging support. The morale of seeing the pledges is enough. As an update I have today been in contact with a Barrister who has raised concern regarding the whole case. I am indebted to Rhia for this information (she knows the direction she pointed me in). The process has begun and I am initially establishing the grounds and necessary protocol. Of course, I need to be very protective with certain information that I broadcast on here as I intend to play this one very closely to the chest in terms of tactics/rulings etc - so please do not be offended if I do not share everything. I WILL update regularly for those who are interested and I hope I can deliver some positive news about an attack on the Rankine case in general and provide hope for many more people on here. If not, then the least I can do is highlight the pitfalls that have befallen me along the way and offer these as advice to anybody in a similar predicament. Thanks to everyone again. Blue
  12. Hi everybody, I must say I am overwhelmed at the support I have received on here. Not just the good wishes but also the level of detail that has been afforded. I know that Sx20's thread didnt appear on here to begin with but thanks for bringing it on to Josie and thanks again to SX20 for the detailed and eloquent content. How I wish you had been on MY side yesterday!!! I am also humbled by the suggestion from diddy dicky and also from brokebutnotbeatn to contrinute to an appeal fund. Let me state on here right now. I WILL appeal (subject to finding the right barrister AND convincing me of course we have the case for appeal) There is so much from everybody so far giving me the grounds to begin this. I suppose I just need to hear that from the horses mouth and the one whom is prepared to stand up in front of a circuit judge and fight this case. I CANT fund it out of my own pocket and dont qualify for legal aid - BUT I assure you all - I will find the way to do it. Whilst I am humbled by your pledges - I will do this myself - not just for myself but for the thousands of people like me and you and all caggers who have been let down by our legal system. I want this (if possible) to be a landmark case - there are obvious flaws in my ruling - the law simply has to change because I stand on the verge of absolute ruin all because of poor and error strewn advice and judgement. To answer one or two questions - the judge was a very experienced District Judge - but obviously NOT familiar with the CCA - even yesterday she asked to be reminded of what section 87 stated - in fact it was section 88 - unbelievable. Location - East Midlands! Thanks again everybody and keep the advice coming! Thanks Blue Thunder
  13. correct Bill. DN was flawed - agreement endured. Unlawful termination/repudiation - judge looked at me blankly and carried on that I couldnt have it both ways!!!! Cheers Blue
  14. Thanks Els - really appreciate the comments. What I have to do now is establish the legal reasoning behind my argument! Thats where I need the help now I think! Thanks again Blue.
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