Jump to content

Kefz

Registered Users

Change your profile picture
  • Posts

    22
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. You're right and it hasn't done for some time
  2. Indeedy it's ridiculous the way they act. I'm not surprised that lesser willed people cave in You think I'm on safe ground too?
  3. Hi all, Have a bit of an unusual (or maybe not so) situation with Robinson Way and a credit card company who have sold their debt to RW. Back in 2005 the credit agreement came to an add and a default was registered. I paid off what I believed to be owed in 3 instalments, and didn't hear anything again. Around 2008/2009 time, I started getting letters from Robinson Way of the usual sentiment of 'you must pay'. I denied the debt, and asked for a signed copy of the CCA. They provided a photocopy of an application form dated years previous which I was quick to point out didn't have the detail required to be an enforcable agreement under the CCA. They have since argued that 'it has all the detail we require to make a collection', but they have never risen to my areas of critique. Whenever I've also protested that the debt is statute barred, they claim they have evidence of my acknowledment of the debt (which I dispute and they have never provided any detail on). Several dozen letters of the 'you must pay or go to court' variety followed, ignoring my multiple requests to stop sending me letters. In addition to the signed copy of the CCA, they also included credit card statements/balances. On top of the CCA being unenforcable (and statute barred) given that the last acknowledment was 2005, 'one can view the statements and add up a total number of charges'. This number is a sizable amount, of individual value over the £12 that the OFT considered to be fair. When I put this to RW, I was told to speak to the credit card company. I sent them a letter, and this is where it gets interesting .. Their response was that given that the charges occured over 6 years ago, they would be unwilling to refund them back to the account due to the charges themselves being statute barred as it occured over 6 years ago. So hang on a minute - the DCA that sold the account can pursue me for a debt (of *less* than the value of the charges) which the credit card company commits to black and white is comprised of statute barred charges/elements, how does that work? Not sure if anyone has ever seen this situation, but surely this re-enforces the view that the debt is indeed statute barred? Would appreciate any view or sharing of similar experiences. K
  4. Just an update - the company I work for have agreed (in writing) to payout both bonus milestones without the need for a solicitors letter! I hope this thread hopes anyone else having a similar issue. K
  5. Hi Rooster Again I think that's fair point and just about done and dusted if it's either in your terms of employment or in the bonus agreement/documentation - but if it's not agreed then the point of the matter is that there's a question/expectation there that hasn't been met. In your case it'd be like saying 'oh well actually on top of the existing stipulations for collecting it, you also must be an employee for 28 days after the date of payout'. Agreeing basic principles at the start is one thing, adding a second set of principles when it suits is another really ... Cheers K
  6. At risk of sounding provocative, but I have absolutely no doubt that a) it's prudent that you should leave after payout to avoid the mere risk of this and also b) a lot of companies will try it on if you do leave and they can try and dodge it But that doesn't mean to say that you should roll over and take it in that event. Storage, in that case you'd be at a disadvantage since obviously the terms of your bonus would be clear that it's up to them if you leave .. unless obviously there are circumstances where that might not apply, ect ect ect. K
  7. Been asked to go in for a meeting, probably this week to 'discuss my issues'. Not sure if this is grievance related but will be making notes and following up with an email to confirm no matter what happens! K
  8. I've spoken to a solicitor c/o our Halifax insurance and the results are very promising. Apparently the route I've taken is exactly correct, namely: 1) Raising the issue in a meeting 2) Raising a grievance as a result of the lack of satisfaction in the above, arguing that the company bonus isn't discretionary based on paperwork attached to the bonus, and the lack of custom and practice, plus the warning of anticipated breach of contract/unlawful withholding of earnings (bonuses considered to be contractual become wages under the Employment Rights Act 1996 (section 27)). 3) Awaiting feedback before it gets taken further. Her words outside of the above were that our argument should be that the payout date of the bonus is irrelevant since the money is 'earned' whilst an employee throughout the period of 2008. In a way it would be like finishing with an employee half way through a month, expecting the 1/2 month pay at the end of the month on normal paydate, only to be told you aren't allowed the pay because you weren't an employee at the time. My advice to anyone in the same or similar boat would be to look to see if your house contents insurance covers you for legal cover in these situations - mine is a reasonably petite package with the Halifax and it does absolutely, and they've been great and have said that they will file a claim against the company for me if it gets that far. HTH someone out there! K
  9. No what I meant was that the paperwork has absolutely no reference to what happens if you're not around for any part of the examination period. K
  10. Yep I've been over that before. There's absolutely nothing relating to who is entitled to the bonus at all believe it or not, it really is that basic.
  11. Hi Trilby Many thanks for your help. I've not drafted it yet but just had a meeting where I was told that I will not receive the bonus payouts if I am not an active employee on the payout dates. As I argued, this is not included or even insinuated in the bonus paperwork and they are actually denying that the paperwork effectively becomes a contractual obligation to myself! I'm raising this as a formal grievance but the rationale seems to be to keep me here until the end of Feb. Any ideas? K
  12. Hi Ker I do indeed - to be honest, it went tango uniform unfortunately. Despite hearing that the judgement was not legitimate due to it being a judgement by default whilst under the CCA (not allowable) and with clear evidence including a letter from the solicitors firm of them actually admitting to coming to an agreement then effectively changing tack a month later, a letter was sent after the hearing stating under the Act which dictates set asides, I hadn't "shown enough evidence". Just to make it more interesting, the judge slapped me for the costs of the other half at the required one hour of a paralegal's time to bind a document full of mostly irrelevant information, and obviously I lost the money required to begin the set aside process. Oh, and the letter duly mentions that there is no appeal process. If I'm being honest I wish and I'd probably recommend to either negotiate with the firm to settle in full on condition of the judgement being set aside, or paid it off then set it aside in the hope that they didn't challenge it since they'd had their pound of flesh as it looks like I'm stuck with it. Hope this helps K
  13. Hey guys Bit of an interesting one. The place I work tries to act like the new Google, and as such has a bit of an ill-considered bonus scheme. Details of it were released about 5-6 months ago on a single side of A4 that was given out after several meetings (one private, one to the company workforce as a group). There has never been a bonus scheme previously, and never any communique further aside from monthly "we're doing this well" updates given verbally. On the A4 sheet there are details of what the bonus amounts to (basically it's staggered sales targets in the calendar year of 2008, from Jan 1st to Dec 31st), when it pays out (50% on a date in January 09, 50% on a date in Feb 09), and what each bonus milestone will pay out. There is nothing on the paperwork that says anything about what happens if someone leaves early, etc etc. I'm likely that I'm going to be leaving (after giving proper notice) before one of the payout dates if not both payout dates, but I'll be an employee for ALL of the 'examination' period of 1st Jan to 31st December 08. I've googled this to death and spoke to several HR advisors who say that most companies will try to shaft me out of the bonus but that given the lack of clauses, past customary practice etc, I'm in a good position and I'm prepared for a fight if that's what it takes because the bonus is worth pursuing. What does everyone else think? Thanks again guys. K
  14. Interesting, thanks for the info - do you HAVE to attend the court? The solicitors have already backed out of attending in person.
×
×
  • Create New...