I think you are right, i will send them a copy of the document above and warn them of the consequence should they fail.

Sent them the letter as advised and got this back today. Should i just comply, as i do want to see what they have in order to challenge the charging order? HFC BANK PO Box 3607, Birmingham Bl 2XJ Our Ref: SAR/ 22 June 2009 Dear Mr Re: Request for Information - Account number Thank you for your reply to our letter dated 12 June 2009. As advised in our previous letter we have received your cheque for £10.00, however, to enable us to process your request we do need proof of identity and proof of your address. As indicated on the form attached with our previous letter suitable proof is copy of your passport or driving licence, you may also provide a utility bill dated within the last 3 months, valid Yours sincerely

Not following their own procedures would make your case very strong. They would almost certainly lose a tribunal based on that. You need to point out in your appeal that they have failed to follow the procedure and ask them to rescind any warnings issued. If they fail to do so you can apply to tribunal for unfair dismissal, but dont give that info away, use it olny when you need to. Good luck.

They have dismissed you because you were on final warning and whilst the next incident is not dismissal on it's own, its enough to take you to dismissal based on previous record. Their defence will be that they have followed company procedures and unless you can prove they havent it will be difficult at tribunal. You would need statements from the people who saw the other incidents in order to try and show they werent applying consistency. Wait for the outcome of the appeal try to show you are being treated differently and they may reinstate you. If not you then contact ACAS for advice in applying for tribunal. For advice on what your outstanding payments should be, look through the following. Dealing with grievances, dismissal and disciplinary action at work

Ok, this makes it more difficult. You need to state your case at the appeal and take a witness if procedure allows, it should do. At this meeting you need to ask why other incidents of gross misconduct are being treated differently. If they uphold the disciplinary and dismiss you, you are likely to only get paid to date of dismissal. Once the process is complete ring ACAS and ask for advice. It's easy to apply to tribunal but you will need to be confidant about your facts. Make sure you get copies of all notes taken during the disciplinaries.

Your length of service gives you the right to go to tribunal, but there are still some fundamentals that you need to answer. Did you attend a disciplinary interview and did this follow the company procedures? If yes, were you given the right to appeal and did you do that? Cannot really advise you further without that info. The other two peoples cases are not really relevant and the company dont need to explain to you how it was handled unless you have hard evidence of failure to follow procedure this one will be difficult. Concentrate on your own case and i will try and advise you how to proceed.

Hope you are as lucky as me, i arrived at the same stage as you. Sent the account in dispute letter and got a response telling me that no further collection action would be taken on the account. Purely and simply no agreement, nothing they can do.

You need to start your own thread, but generally yes you do have a case depending on how long you worked for the company. If there was no investigation appeal etc then you can apply to tribunal for unfair dismissal. Companies have to follow the correct disciplinary procedures or face the prospect of losing tribunals based on process and not if decison was right or wrong.

You will find all the details on the attached link. Whilst it might not seem fair, if they comply with the law that is all you can ask for. Good luck Rest breaks : Directgov - Employment

The general rule is as below. Break should be taken not too close to start or finish time. 　 Rest breaks during the working day If you are aged 18 or over, and your working day is at least 6 hours, you have the right to an uninterrupted rest break of at least 20 minutes unless: you are in a particular sort of work, where special rules apply. you are in a particular sort of work which means you have the right to a compensatory rest break . Your contract of employment may be more generous than this. There's no law about when this break should happen although government guidelines say that the break should be taken during the day rather than at the beginning or the end. You are entitled to spend your break away from your workstation. Lunch breaks count as rest breaks. If you’re a shift worker, your rest break should be in addition to any breaks you get in between shifts.

Large companies will have strict policies in place which they must follow to the letter if they dont want to lose tribunal cases on failing to follow procedure. Standard process would be to investigate and suspend if they felt that they had sufficient reason and evidence ( this should be on full pay) They will then invite to a disciplinary hearing and you should be allowed representation from a union rep or colleague. If they dismissed you, you would have the right of appeal to the next level of management. I suggest you get a copy of the company disciplinary policies and read it thoroughly. Also if you feel they have you bang to rights you can resign before they dismiss you. Chances are they would have had you by now if the evidence was strong. CCTV doesnt always catch enough to be used as hard evidence, length of time is in your favour. If they do come up with something, make sure you look at it before answering any questions.

I recently cca'd capquest and got a copy of my agreement back with a letter asking how i intend to pay. I have actually been paying them on a debt management plan. Dont think they like the fact that i cca'd them and they have now added interest which is more than my last 12 months payments. Be grateful for any advice on how to deal with this.

Thanks for the assistance. letter will be in the post tomorrow.

Just received letter below from HFC regarding the SAR. Do i need to comply with this in order to get the details? HFC BANK Request for information under the Data Protection Act 1998 The Data Protection Act 1998 gives you the right to ask us what information we hold about you. We are allowed to ask you for a fee, currently £10.00 and payable to 'HFC Bank Ltd', to contribute to our costs in retrieving this information. To enable us to locate this information as quickly as possible, please provide as much information as you can in answer to the questions below. I confirm that your details will be forwarded to you within 40 days from receipt of your completed form. The completed form should be sent to: Name: Address: Postcode: Subject Access Request Team PO Box 3607 Birmingham Bl 2XJ Date of Birth: Previous addresses over the last five years if different from above. (Please include postcodes) Continue on a separate sheet, if necessary. Documentation enclosed: Driving Licence YES/NO Passport YES/NO If possible, give the following details for each account you have held with HFC Bank. Type of account: current savings, loan etc Account number Date account opened Branch/retailer where account was opened Please highlight which account(s) you would like information regarding. Please indicate whether you have made telephone contact within the last 30 days and require a transcript of any conversation. YES/NO (Please note not all calls are recorded and we only retain records for 30 days) Please sign here: Date:

Just received another letter from Capquest. I have paid them £239 via the cccs in last 12 months. It seems that because i cca'd them they have now added interest of £335 even though i have not defaulted. Is there someone out there who can find enough fault with my agreement for me to put it in dispute? Please

Does this mean that the agreement is legally binding in that it complies with the requirements? Egg signed before me, there is no cancellation mentioned and no T and C's in the paperwork. Might be clutching at straws but i seem to recall other Caggers mentioning these issues as relevant.

The total amount was £13400 and payments at £206.63 x 84. That is all that is on the document other than personal details which i removed. Interest rate and apr are still showing. Thanks

Hope I'm not hijacking anything as there seems to be a lot of people with same issue. I have agreement with egg/Capquest. Is it legal, if not why? I'm confused.

Thanks everyone for your help. I am doing nothing,will wait and see what they do next. If it goes to end July i will file for it to be struck out.

Just received agreement from Capquest on an Egg loan from 2002. Can someone advise on legality of this, i am confused as to different regulations depending on the year. No T and C's included, my signature later than theirs. Not quite sure what should be included. Will post docs when i work out how to remove personal details

Thanks for the comments definitely food for thought. The case is stayed, and they have not provided the deed of assignment or the default notice. All i have is the agreement and i am not convinced of the legality of it. Ideally i don't want to pay anything, but thought it might be an opportunity to get a reduced balance. Would you recommend that i reword the letter and remind them that they have not sent the documentation as required in the particulars of claim and my defence? i could always try and settle later if required.

Im just at the beginning of my cases with Egg, one with Capquest and one with Moorcroft. Hope you don't mind if i learn from your experiences and draft similar letters.

Are you saying that the agreement is unenforceable, or is it a case that there is enough in the format to cover them? I guess if i go to account in dispute i would have to clearly describe the reasons why, and i am still unsure what they are. Cant see anywhere total charge for credit, just monthly payment and APR and total loan. Also some of the small print refers to T and C's but there are no t and c's attached. Additionally there is no mention of cancellation rights.

Send each of them a copy of the letter below. adapt it to suit each account and do not sign it, print your name. enclose a £1 uncrossed postal order in each and send by recorded delivery. When you get some responses post them on here with personal details taken out and await further advice. If you hear nothing after 12 working days let the forum know. Your Name address Dear Sir/Madam Account no XXXXXXXXXXXXXXX This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you Yours faithfully

Nothing else on the forms, only what is on the images. The agreement was for a loan. Not sure this applies in my case, as the agreement is for a loan not a credit card so the sum was fixed from the start.